Friday, December 24, 2021

IMPORTANT AMENDMENT 93rd Amendment Act,2005

 Ninety Third Amendment Act, 2005

 ▪ Amendments:

 ◦ Empowered the state to make special provisions for the socially and educationally backward classes or the Scheduled Castes or the Scheduled Tribes in educational institutions including private educational institutions (whether aided or unaided by the state), except the minority educational institutions (clause (5) in Article 15).

 ◦ This Amendment was enacted to nullify the Supreme Court judgement in the Inamdar case (2005) where the apex court ruled that the state cannot impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. The court declared that reservation in private, unaided educational institutions was unconstitutional.

Ninety Sixth Amendment Act, 2011

 ▪ Amendments:

 ◦ Substituted “Odia” for “Oriya”. Consequently, the “Oriya” language in the Eighth Schedule shall be pronounced as “Odia”.

 ▪ Ninety Seventh Amendment Act, 2011

 ▪ Amendments:

 ◦ Gave constitutional status and protection to cooperative societies. It made the following three changes in the constitution:

 • It made the right to form co-operative societies a fundamental right (Article 19).

 • It included a new Directive Principle of State Policy on the promotion of co-operative societies.

 • It added a new Part IX-B in the constitution which is entitled “The Co-operative societies”.

Ninety Ninth Amendment Act 2014

 ▪ Amendments:

 ◦ Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC).

 ◦ However, in 2015, the Supreme Court declared this Amendment Act as unconstitutional and void. Consequently, the earlier collegium system became operative again

One Hundredth Amendment Act, 2014

 ▪ Amendments:

 ◦ Gave effect to the acquiring of certain territories by India and transfer of certain other territories to Bangladesh (through the exchange of enclaves and retention of adverse possessions) in pursuance of the Land Boundary Agreement of 1974 and its Protocol of 2011.

 ◦ For this purpose, this amendment act amended the provisions relating to the territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution.

One Hundred and First Amendment Act, 2017

 ▪ Amendments:

 ◦ Introduction of the Goods and Services Tax

 ◦ Goods and Services Tax (GST) is an indirect tax (or consumption tax) used in India on the supply of goods and services. It is a comprehensive, multistage, destination-based tax: comprehensive because it has subsumed almost all the indirect taxes except a few state taxes.

One Hundred and Second Amendment Act, 2018

 ▪ Amendments:

 ◦ Constitutional status was provided to the National Commission for Backward Classes under India's Ministry of Social Justice and Empowerment.

 ◦ Article 338B into the Constitution after Articles 338 and 338A which deal with the National Commission for Scheduled Castes (SC) and National Commission for Scheduled Tribes (ST) respectively.

One Hundred Third Amendment Act, 2019

 ▪ Amendments:

 ◦ It introduced reservations for Economic Weaker Section for the first time in independent India

 ◦ Amendment in Article 16 allows a 10% reservation to EWS in public employment.

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