Thursday, March 17, 2022

Indian constitution amendments 47 to 56

Indian constitution amendments 47 to 56
47. The Constitution (Forty-seventh Amendment) Act, 1984—This amendment is intended to provide for the inclusion of certain land Reforms Acts in the Ninth Schedule to the Constitution with a view to obviating the scope of litigation hampering the implementation process of those Acts.


48. The Constitution (Forty-eighth Amendment) Act, 1984—The Proclamation issued by President under Article 356 of the Constitution with respect to the State of Punjab cannot be continued in force for more than one year unless the special conditions mentioned in clause (5) of the said Article are satisfied. As it is felt that the continued force of the said Proclamation is necessary, therefore, the present amendment had been effected so as to make the conditions mentioned in clause (5) of Article 356 inapplicable in the instant case.


49. The Constitution (Forty-ninth Amendment) Act, 1984—Tripura Government recommended that the provisions of the Sixth Schedule to the Constitution may be made applicable to tribal areas of that State. The amendment involved in this Act is intended to give a constitutional security to the autonomous District Council functioning in the State.


50. The Constitution (Fiftieth Amendment) Act, 1984—by Article 33 of the constitution, Parliament is empowered to enact laws determining to what extent any of the rights conferred by Part III of the constitution shall, in their application to the members of the armed forces or the forces charged with the maintenance of public order, be restricted or abrogated so as to ensure proper discharge of their duties and maintenance of discipline among them. It was proposed to amend Article 33 so as to bring within its ambit:

(i) the members of the Force charged with the protection of property belonging to or in the charge or possession of the state; or
(ii) persons employed in any bureau or other organisation established by the state for purposes of intelligence or counter-intelligence; or
(iii) persons employed in or in connection with the telecommunication systems set up for the purposes of any Force, bureau or organisation. Experience has revealed that the need for ensuring proper discharge of their duties and maintenance of discipline among them is of paramount importance in the national interest.


51. The Constitution (Fifty-first Amendment) Act, 1984—Article 330 has been amended by this Act for providing reservation of seats for Scheduled Tribes in Meghalaya, Nagaland, Arunachal Pradesh and Mizoram in Parliament and Article 332 has been amended to provide similar reservation in the Legislative Assemblies of Nagaland and Meghalaya to meet the aspirations of local tribal population.


52. The Constitution (Fifty-second Amendment) Act, 1985—It amends the Constitution to provide that a Member of Parliament or a State Legislature who defects or is expelled from the party which set him up as a candidate in the election or if an independent member of the House joins a political party after expiry of six months from the date on which he takes seat in the House shall be disqualified to remain a member of the House. The Act also makes suitable provisions with respect to splits in and merger of political parties.


53. The Constitution (Fifty-third Amendment) Act, 1986—This has been enacted to give effect to the Memorandum of Settlement of Mizoram which was signed by Government of India and Mizoram Government with Mizoram National Front on 30th June 1986. For this purpose, a new Article 371G has been inserted in the Constitution inter alia preventing application of any Act of Parliament in Mizoram in respect of religious or social practices of Mizos, Mizos’ customary law and procedure, administration of civil and criminal practice involving decisions according to Mizos’ customary law and ownership and transfer of land unless a resolution is passed in the Legislative Assembly to that effect. This, however, will not apply to any Central Act already in force in Mizoram before the commencement of this amendment. The new Article also provides that the Legislative Assembly of Mizoram shall consist of not less than 40 members.

54. The Constitution (Fifty-fourth Amendment) Act, 1986—This Act increases the salaries of Supreme Court and High Court judges as follows :

Chief Justice of India Rs 10,000 per month
Judges of Supreme Court Rs 9,000 per month
Chief Justice of High Court Rs 9,000 per month
Judges of High Court Rs 8,000 per month
This Act amended Part ‘D’ of the Second Schedule to the Constitution to give effect to the above increases in the salaries of judges and to make an enabling provision in Articles 125 and 221 to provide for changes in the salaries of judges in future by Parliament by law.


55. The Constitution (Fifty-fifth Amendment) Act, 1986—This Act seeks to give effects to the proposal of Government of India to confer statehood on the Union Territory of Arunachal Pradesh and for this purpose, a new Article 371H has been inserted which, inter alia, confers, having regard to the sensitive location of Arunachal Pradesh to vest special responsibility on Governor of the new State of Arunachal Pradesh with respect to law and order in the State and in the discharge of his functions, the Governor shall after consulting the Council of Ministers, exercise his individual judgement, as to the action to be taken and this responsibility shall cease when President so directs. The new Article also provides that the new Legislative Assembly of the new State of Arunachal Pradesh, shall consist of not less than thirty members.


56. The Constitution (Fifty-sixth Amendment) Act, 1987—Government of India has proposed to constitute the territories comprised in Goa District of the Union Territory of Goa, Daman and Diu as the State of Goa and the territories comprised in Daman and Diu districts of that Union Territory as a new Union Territory of Daman and Diu. In this context, it was proposed that the Legislative Assembly of the new State of Goa shall consist of 40 members. The existing Legislative Assembly of the Union Territory of Goa, Daman and Diu has 30 elected members and three nominated members. It was intended to make this Assembly with the exclusion of two members representing Daman and Diu districts the provisional Legislative Assembly for the new State of Goa until elections are held on the expiry of the five year terms of the existing Assembly. It was, therefore, decided to provide that the Legislative Assembly of the new State of Goa shall consist of not less than 30 members. The special provision required to be made to give effect to this proposal is carried out by this amendment.

Previous

No comments:

Post a Comment