Major Constitutional amendments with special reference to 42, 44, 86, 101.

1. 42nd Amendment Act 1976.

Forty Second amendment act, 1976 was the most comprehensive amendment
made so far to the constitution. It is known as “Mini Constitution”.

By these amendment three new words (i.e.; Socialist, Secular, and Integrity) was
added in the Preamble. The Act added Fundamental Duties (new part IV A) to the
constitution. It made the Indian President bound to act by the advice of the
Cabinet. It made the constitutional amendments beyond judicial scrutiny. It
curtailed the power of judicial review and writ jurisdiction of the Supreme Court
and High courts. The act raised the tenure of the Lok Sabha and Legislative
Assemblies from 5 years to 6 years. It provided that laws made for the
implementation of Directive Principle cannot be declared invalid by the courts on
the ground of violation of some fundamental rights. It empowered the parliament
to make laws to deal with anti- national activities. Added three directives viz,
equal justice and free legal aid, participation of workers in the management of
industries, and protection of environment, forests and wild life. It facilitated the
proclamation of National Emergency in any part of territory of India. It extended
the one- time duration of the Presidents rule in the state from 6 months to one
year. It empowered the centre to deploy its armed forces in any state to deal with
grave situation of law and order. The Act Shifted five subjects from the State List
to the Concurrent list. viz, education, forests, protection of wild animals and
birds. It empowered the Parliament to decide from time to time the rights and
privileges of its members and committees. The Act provided for the creation of
All India Judicial service. It did away with the requirement of quorum in the
Parliament and State Legislature.

2. 44th Amendment Act 1978.

This act was enacted by the Janata Government mainly to nullify some of the
some subjects introduced by the 42nd Amendment Act of 1976.

The act restored the original term of Lok Sabha and the State Legislative
Assemblies i.e., to Five years. It empowered the President once to send back the
advice of cabinet for reconsideration. But the reconsidering advice is to be
binding on the President. It restored some of the powers of the Supreme Court
and High Court. The act replaced the term ‘Internal disturbance’ by’ Armed
rebellion’ in order to declare National emergency. It made mandatory to the
President to declare National emergency only on the written recommendation of
the Cabinet. The act deleted the right to property from the list of fundamental
 rights. It provided that fundamental rights guaranteed by Article 20 and 21 cannot
be suspended during a National Emergency. The act omitted the provision which
took away the power of the court to decide the election disputes of the President,
the Vice- President, the Prime Minister and the Speaker of Lok Sabha. The Act
restored the provision with regard to quorum in Parliament and State legislature.

3. 86th Amendment Act 2001.

This act made elementary education a fundamental right. The newly –added
Article 21-A declare that “the state shall provide compulsory education to all
children of the age of six to fourteen years in such manner as the state may
determine”

It changed the subject matter of Article 45 in Directive Principles. It now reads

“the state shall endeavor to provide early childhood care and education to all
children until they complete the age of six years”.

The act added a new fundamental duty under 51-A which reads- “it shall be the
duty of every citizen of India who is a parent or guardian to provide opportunities
for education to his child or ward between the age of six and fourteen years”.

4. 101th Amendment Act 2016.

The constitution 101th Amendment Act, 2016 allows both the centre and states to
levy the Goods and Services tax (GST).Before 2016 Amendment, taxation were
divided between the centre and states. The act proposed to replace the Indian tax
system which is multi-tiered.it was passed after some ratifications put together by
the states. So it introduced the system of ‘one nation one tax’