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Showing posts from April, 2017

Fifth Constitutional Amendment - 5th Amendment in Constitution

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Fifth Constitutional Amendment - 5th Amendment in Constitution: It amended Article 3 of the Indian Constitution. Originally, Article 3, did not prescribe a time limit for expression of views by the States on the States reorganisation laws. It was feared that the States could forestall the passage of State Reorganisation Act by not expressing their views for any length of time. The amended Article now provides a time limit within which the State have to express their views. If they do not express their views within the specified time the Bill may be passed by Parliament.
The Constitution (Fifth Amendment) Act enacted in 1955 and it amended Article 3 of Constitution of India.
This Article envisaged that before Parliament passed an Act to re-organise the States, the Bill for the purpose should be referred by the President to the State Legislatures concerned for expression of their views thereon. A defect in the original Article 3 was  that it did not lay down a time-limit  within which th…

Fourth Constitutional Amendment - 4th Amendment in Constitution

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Fourth Constitutional Amendment - 4th Amendment in Constitution: This amendment was passed to remove the difficulties created by the Supreme Court's decision in Bela Banerjee's case. The Court had insisted  for payment of compensation in every case of compulsory deprivation of property by the State. It was held that clause (1) and clause (2) of Article 31 deal with the same subject, that is deprivation of private property. In Bela Banerjee's case the court had held the word 'compensation' meant 'just compensation' i.e. a just equivalent of 'what the owner had been deprived of'. 
The amendment modified Article 31 (2) and made it clear that clause (1) and clause (2) deal with different things i.e. deprivation and compulsory acquisition. The new Article 31 (2) (A) made it clear that the compensation was only payable in the case of compulsory acquisition, i,e, where the State acquires  the ownership in property taken. The adequacy of compensation was al…

Third Constitutional Amendment - 3rd Amendment in Constitution

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Third Constitutional Amendment - 3rd Amendment in Constitution of India 1954: This amendment amended Entry 33 of the Concurrent List. Originally, Entry 33 empowered the Centre to control the products of the controlled industry only. The control of essential commodities was not within the exclusive jurisdiction of the Centre. It fell under the State sphere under Entry 27, List II. This position was found to be unsatisfactory. The food situation in the country was difficult. Essential supplies were in short supply. To remove this difficulty this amendment widened the scope of Entry 33, List III, empowering Parliament to control the production, supply and distribution of all kinds of commodities.
The Constitution (Third Amendment) Act enacted in 1954 amended the original entry 33 of List III, expanded its scope and gave it its present shape.
The Amendment somewhat changed the federal balance of power in favour of the Centre.
This Amendment was brought by Parliament due to food security is…

Second Amendment in Constitution - 2nd Amendment

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Second Amendment in Constitution - 2nd Amendment 1952: It amended Article 81(1) (b) which dealt with representation of States in Parliament. It provided that one member of the House could represent even more than 7,50,000 persons thus made it possible  to maintain the total strength of Lok Sabha constant at 500 which would have become impossible under the original Article.
The Constitution (Second Amendment) Act was passed in 1952. Originally, Article 81(1)(b) required that Lok Sabha would have not less than one member for every 7,50,000, of the population. The strength of the Lok Sabha was fixed at 500 and at the rate of one member for every 7.5 lakhs of people, the formula became unworkable the moment the population reached 37.5 crores. The Amending Act, therefore, dropped the minimum requirement of one member for every 7.5 lakhs of people in Art. 81(1)(b). Only the maximum requirement was retained. 
Corresponding changes were effectuated in Article 170(2) relating to the State Legis…

First Amendment in Constitution of India - 1st Amendment

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The proposed first amendment comprised of restrictions upon citizens with regard to freedom of speech and expression guaranteed by Article 19(1)(a). This was envisaged primarily to prevent abuse of such fundamental right by some persons for dubious reasons. Another important change was to validate agrarian reform measures undertaken by some state legislatures. Zamindari abolition laws were some such legislation's meant for the welfare of the general public. Another change was to make the educational and economic measures proposed to be undertaken for weaker section of the people, provision under Article 15. Thus for the first time Article 46 of the Directive Principles of State Policy came to the fore as of guidance.
Inspite of this amendment things remained unchanged for the weaker section. On the contrary concept  of Right to equality under Article 15 has been made a hoax. Reasonable restrictions under Article 19 have given a wide latitude to judiciary to define 'reasonable…