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Constitution 99th Amendment Bill

The constitution (99th amendment) Bill sought to protect the rights of the nontribals in the newly elected Bodo Territorial Council (BTC) by keeping intact the
existing representation of the scheduled tribes and nonscheduled tribes in the
Assam legislative assembly from the Bodoland territorial Council Areas district. This
amendment bill came in effect as constitution 90th Amendment act 2003.
Constitution 100th Amendment Bill
The Constitution (100th) amendment Bill sought to insert Bodo, Dogri, Maithili and
Santhali in the 8th schedule of the constitution. This act was passed and came into
force as Constitution (92nd Amendment) Act 2003. This act took the number of
official languages in India to 22.
Constitution (103rd Amendment) Bill, 2004
The Constitution (One Hundred and Third Amendment) Bill, 2004 along with
National Commission for Minorities (Repeal) Bill, 2004 was introduced in Lok Sabha
on 23.12.2004. Bills were referred to the Department-related Parliamentary
Standing Committee on Social Justice and Empowerment. Chairperson of this
committee was Smt Sumitra Mahajan and the committee submitted its report on
February 21, 2006.
Background:
In 6 states& UTs viz. Jammu & Kashmir, Lakshadweep, Mizoram, Meghalaya,
Nagaland and Punjab, the Hindus are a minority in contrast with the rest of the
country.
The minority standard of Muslims, Sikhs, Buddhists and Parsees who are designated
as minority in India should not be applicable to these states. For example, in Punjab
Sikhs are in majority, in J& K Muslims are in majority.
On August 8, 2005, a Supreme Court judgment decreed that Jains should not be
treated as a minority at the national level and no more communities should be
declared as a minority at the national level. Only the state government may declare
communities as minorities. .
Constitution (One Hundred and Third Amendment) Bill, 2004 along with National
Commission for Minorities (Repeal) Bill, 2004 was to bring an end to these
anomalies. Bill proposed states as the basic unit to judge which community is a
minority in which state.
Some features:

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The National Commission for Minorities (Repeal) Bill, 2004 repeals the National
Commission for Minorities Act, 1992. It proposed to dissolve the National
Commission for Minorities.
The Constitution (One Hundred and Third Amendment) Bill, 2004 proposed to
establish a new National Commission for Minorities, with a constitutional status, in
order to inspire greater confidence towards the effectiveness of the Commission.
The states would be asked for their view on the basis of data available as to who is
a minority. They will be consulted by the President of India, would then notify the
minorities in that state. While the President is to consult the states, he would not be
bound to act on their advice.
Current Status: The Bill got lapsed.
Note: On May 3, 2007, the Union Cabinet approved for moving the official
amendments to the Constitution (One Hundred and Third Amendment) Bill &
National Commission for Minorities (Repeal) Bill, 2004.
Constitution (104th Amendment) Bill, 2005
Constitution (One Hundred and Fourth Amendment) Bill was pased 22nd December,
2005. President A. P. J. Abdul Kalam signed it on January 20, 2006 and the 104th
Constitution Amendment Bill became the the Constitution 93rd amendment Act,
2005.
This bill has been quite famous as Quota Bill. It adds a new clause to Article 15 of
the Constitution. This act amends the article 15 and adds clause 15(5) after Clause
15(4).
Clause(5) says:
Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent
the State from making any special provision,by law, for the advancement of any
socially and educationally backward classes of citizens or for the Scheduled Castes
or the Scheduled Tribes in so far as such special provisions relate to their admission
to educational institutions including private educational institutions, whether aided
or unaided by the State, other than the minority educational institutions referred to
in clause (1) of article 30..
Short Background:
In August 12, 2005 Supreme Court had delivered a judgement by 7 judges
uninamously in case of P.A. Inamdar & Ors. vs. State of Maharashtra & Ors..
Supreme court declared that State cant impose its reservation policy on minority
and non-minority unaided private colleges, including professional colleges.

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The 93rd Constitutional amendment was brought (in a hurry) for ensuring
reservations to other backward classes and Scheduled castes and Tribes in Private
Educational institutions.
The move was to reverse the Supreme Court Judgement.
In April 2008, the Supreme Court of India upheld the Governments move for
initiating 27% OBC quotas in Government funded institutions.
The Court has reiterated its prior stand that Creamy Layer should be excluded
from the ambit of reservation policy. The Supreme Court avoided answering the
question whether reservations can be made in private institutions, stating that the
question will be decided only as and when a law is made making reservations in
private institutions.
In conclusion, this amendment enables the constitution to provide for reservations
for OBCs in all educational institutions including private, whether aided or
unaided, excepting minority educational institutions. It brought all private
institutions, whether aided or unaided, under the purview of the Governments
policies on reservation and fee structure, it has also quietly achieved much more
than that by widening the scope of the Amendment Act to specifically include the
term admission to educational institutions. Article 15 of the constitution, as it was
originally framed in 1950, stated the following and did not include the term
admission to educational institutions.
Constitution 105th Amendment Bill
The Constitution (One Hundred Fifth) Amendment Bill, 2006 sought to exclude Bihar
from purview of article 164 (1) and to extend the provision of this article to
Chhattisgarh and Jharkhand. This bill was passed and got assent of the President on
June 12, 2006. The bill came in effect as Constitution (94th Amendment) Act 2006.
Note: Article 164 (1) provides for a minister in charge of the tribal welfare, who may
in addition be in charge of the welfare of the scheduled castes and backward
classes of Bihar, Madhya Pradesh & Orissa.
Constitution (106th Amendment) Bill, 2006
Constitution (One Hundred and Sixth Amendment) Bill, 2006 was introduced in the
Lok Sabha on May 22, 2006. It was referred to the Department Related Standing
Committee on Agriculture which submitted its report on August 20, 2007.
Chairperson of this committee was Prof. Ram Gopal Yadav.
Background:

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The Constitution (106th Amendment) Bill proposed to to insert a new part IX B in
the Constitution and adding Articles 243ZH through 243ZT providing for
incorporation, regulation and winding up of co-operative societies.
The bill specified maximum number of Board members and the tenure of the
members.
The bill also specified for elections to be held before the expiry of the term of the
Board.
The bill specified that the Board of a co-operative society that has government
shareholding or loans can be superseded for the maximum period of six months.
State governments can co-opt upto two nominees on the Board of a co-operative
society.
The Bill specified certain offences related to co-operative societies. State
legislatures can define the penalties related to co-operative societies.
Note: Government of India had constituted a high powered committee in 2005 in
the chairmanship of Shri Shivajirao G. Patil to review the achievements of the
cooperatives during the last one hundred years, identify the challenges faced by the
sector and suggest measures to address them to enable the movement to keep
pace with the changing socio-economic environment. The committee was also
asked to recommend appropriate lagislation for the Co-operatives.
The committee reviewed the Constitution Amendment Bill (106th Amendment Bill
2006) and recommended some more changes including that introducing new part
IXB after part IXA along with the Panchayati Raj Institutions (PRI) and Municipalities
would imply that cooperatives are a part of governance. The committee
recommended at any other place in the constitution. Committee also suggested
that no supersession of the Board of Directors should be allowed in any case where
government share holding is less than 51%..
In August 2008 Union Cabinet gave approval for moving certain official
amendments in the Constitution (One Hundred and Sixth Amendment) Bill, 2006.
This decision included benefits like empowerment of cooperatives by inserting
article 43B in Part-IV of the Constitution providing for Voluntary formation,
autonomous functioning, democratic control and professional management.
Audit by independent auditors or Auditing firms out of the panel approved by State
Government or an authority authorized by the Government in this behalf.
Free and fair elections to be conducted by an independent body.
Directors in the Cooperative Societies will also include two women and one
Scheduled Caste representatives.

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Current Status: Pending
Constitution (107th Amendment) Bill, 2007
The Constitution (One Hundred and Seventh Amendment) Bill, 2007 had been
introduced in Lok Sabha on November 30, 2007. The Sixth Schedule to the
Constitution (Amendment) Bill, 2007 was also introduced with the same bill.
Current Position: This bill got lapsed.
Background: These bills sought to amend the Constitution to include Gorkha Hill
Council, Darjeeling in the Sixth Schedule
What is Sixth Schedule? Sixth Schedule Articles 244 and 275 provides for the
creation of autonomous District Councils in certain tribal areas of the North-Eastern
states viz. Assam,meghalaya,tripura,mizoram. The Bill sought to form a District
Council for the hill areas of Darjeeling in West Bengal called the Gorkha Hill Council,
Darjeeling (GHC). All District Councils have the power to make laws on a range of
subjects such as the allotment of land, use of water course, and inheritance of
property. The GHC has the power to make laws on 45 additional subjects such as
agriculture, education and transport.
The Bills were referred to the Standing Committee on Home Affairs which submitted
its report on Feb 28, 2008. Chairperson of this committee was Sushma Swaraj.
Standing Committee was unable to verify facts on the ground. Therefore, it
accepted the views of the central and state governments and recommended that
the Bills be passed with some amendments.
Constitution (108th Amendment) Bill 2008 or Womens Reservation Bill
Constitution (108th Amendment) Bill or Womens Reservation Bill has been the most
highlighted amendment bills of recent times. This bill was introduced in Rajya Sabha
on May 6, 2008 and passed in Rajya Sabha on March 9, 2010.
Background:
Constitution (108th Amendment) Bill 2008 seeks to reserve one-third of all seats for
women in Lok Sabha and the state legislative assemblies. The allocation of the
reserve seats to be determined by an authority or as prescribed by the parliament.
Seats may be allotted by rotation.
The bill also seeks to reserve one-third of SC & ST seats for women of those classes.
The bill further says that the reservation shall cease to exist in 15 years from the
commencement of the act.
Constitution (109th Amendment Act) 2009

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Constitution (109th Amendment Act) 2009 was passed by Rajya Sabha on the 3rd
August, 2009 & Lok Sabha on the 4th August, 2009 and ratified by the legislatures
of not less than one-half of the states, and assented to on 18 Jan., 2010.
Background: Through this amendment article 334 of the Constitution, for the words
sixty years, the words seventy years shall be substituted.
This article has sought to extend the reservation of seats for SCs and STs in the Lok
Sabha and state assemblies by another 10 years. The time period of 60 years under
article 334 of the constitution was to lapse on January 25, 2010 and this bill extends
the reservation beyond January 25, 2010.
Current status : Passed and this is the Latest Passed Amendment Act
Constitution (110th Amendment) Bill, 2009
The Constitution (One Hundred and Tenth Amendment) Bill, 2009 was introduced in
the Lok Sabha on November 26, 2009 by the Minister of Panchayati Raj, Shri C.P.
Joshi.
Background:
Article 243D of the Constitution provides that a minimum of one-third of the total
number of seats filled by direct elections in the Panchayats shall be reserved for
women. The seats may be allotted by rotation to different constituencies in a
Panchayat.
Offices of Chairpersons in Panchayats shall be reserved for SC/STs and women in a
manner to be prescribed the state legislatures. The reservation shall be in
proportion to the population of SC/STs in the state. Also, a minimum of one-third
seats shall be reserved for women among the total number of offices of
Chairpersons in the Panchayats.
The Bill seeks to amend the article 243D to enhance the quantum of reservation for
women from one-third to one-half of the total seats in the Panchayats. Similar
reservation shall be provided among the total number of offices of Chairpersons.
Current Status:
The bill is pending . The Bill was referred to the Department related Standing
Committee on Rural Development (Chairperson: Smt Sumitra Mahajan), which has
to submit its report.
Constitution (111th Amendment) Bill, 2009
The Constitution (One Hundred and Eleventh Amendment) Bill, 2009 was introduced
in the Lok Sabha on November 30, 2009 by Sh. Sharad Pawar , Minister of
Agriculture, Consumer Affairs and Public Distribution System.

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Background:
The Bill adds a new Directive Principles of State Policy stating that the State shall
endeavour to promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.
It further inserts a new part IX B in the Constitution (adding Articles 243ZH through
243ZT), which outlines certain guidelines for running co-operative societies.
Constitution (112th Amendment) Bill
The Constitution (112 th Amendment) Bill was introduced in the Lok Sabha on
November 24, 2009 and this bill seeks to seeks to amend many clauses of Article
243T of the Constitution, providing for reservation of seats for Scheduled Castes
and Scheduled Tribes and also for the women in Urban local Bodies.
Current Status (Till: March 2010) :This Bill has been approved and now has been
referred to the Departmentally-related Parliamentary Standing committee on Urban
Development for examination and report in March 2010.
Parliamentary Standing committee on Urban Development now invites suggestions
the same bill. The committee is headed by Mr. Sharad Yadav. The memoranda
containing views of the individuals/organizations interested in the subject matter of
the Bill, and also to hear oral evidence on the subject are invited.
Background: The Constitution (112th Amendment) Bill 2009 to provide for 50%
reservation of women in Urban Local Bodies. Through this Bill the Government of
India seeks to increase the representation of women in Urban Local Bodies (ULBs)
from the present level of one-third to 50 percent which would also include
enhancement of reservation for women upto 50 percent in seats reserved for
Scheduled Castes, Scheduled Tribes, and 50 percent reservations for women in the
posts of Chairpersons. This would result in

increased representation of women in ULBs and is likely to yield significant benefits

in terms of higher priority to womens issues in critical areas of urban Governance
and service delivery such as water supply, sanitation, solid waste management,
education and health, etc.
Article 243T:
Article 243T of the Constitution provides that a minimum of one-third of the total
number of seats filled by direct elections in every Municipality shall be reserved for
women.
The seats may be allotted by rotation to different constituencies in a Municipality.

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Also, a minimum of one-third seats shall be reserved for SC/ST women within the
seats reserved for SC/STs in a Municipality.
Offices of Chairpersons in Municipality shall be reserved for SC/STs and women in a
manner to be prescribed the state legislatures.
The reservation of SC/STs shall be in proportion to the population of SC/STs in the
state.
Constitution(113) (One Hundred and Thirteenth Amendment) Bill, 2010
The latest amendment bill is Constitution (One Hundred and Thirteenth
Amendment) Bill, 2010 which was introduced on March 15, 2010. The Current
Status of this bill is : pending
Background: The Government of Orissa had forwarded to the Central Government in
December 2008, the Resolution passed by the Legislative Assembly of Orissa on
28th August, 2008 that, inter alia, the name of the language specified as Oriya, in
the Eighth Schedule of Constitution be changed as Odia and translation of the
word Odia in Hindi language should be revised as ????? accordingly and
authorised the Government of Orissa to place the matter before Government of
India for change of name of the State and change of language of the State and
change of their Hindi translations. The Constitution (One Hundred and Thirteenth
Amendment) Bill, 2010 seeks to change of name of the language mentioned in the
Eighth Schedule of the Constitution of India, from Oriya to Odia.
Please note that the bill that seeks to change the name of Orissa to Odisha is Orissa
(Alteration of Name) Act, 2010. This bill is pending in the Lok Sabha.
The Constitution (114th Amendment) Bill, 2010 Current Status: Pending
The Constitution (One Hundred and Fourteenth (Amendment) Bill, 2010 was
introduced in the Lok Sabha on August 25, 2010 by the Minister of Law and Justice,
Shri M. Veerappa Moily.
The Bill seeks to amend Articles 217 and 224 of the Constitution relating to judges
of the High Court.
The Constitution allows every judge of a High Court including additional and acting
judges to hold office till 62 years. The Bill increases the age limit to 65 years.
The Constitution (115th Amendment) Bill 2011 (GST Bill) Current Status: Pending
The Constitution (One Hundred and Fifteenth Amendment) Bill, 2011 seeks to
introduce the Goods and Services Tax to give concurrent taxing powers to both the
Union and States. The bill suggests the creation of Goods and Services Tax council
and a Goods and Services Tax Dispute Settlement Authority.

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Highlights of the Bill
The Bill seeks to amend the Constitution to provide for the introduction of a Goods
and Services Tax (GST).
The Bill allows both Parliament and state legislatures to frame laws with respect to
GST. Parliament will have the exclusive power to levy GST on imports and interstate trade.
The Bill creates a Goods and Services Tax Council consisting of state Finance
Ministers, the Union Finance Minister, and Union Minister of State for Revenue to
make recommendations with respect to GST.
The Bill provides for a Dispute Settlement Authority to settle disputes between
states or between states and the Union with regard to GST. Appeals from the
Authority lie with the Supreme Court.
The Bill exempts certain commodities from GST, including petroleum products and
alcoholic liquor for human consumption.
Key Issues and Analysis
The GST Council will recommend harmonised tax rates, and disputes regarding
these rates will be adjudicated by the Dispute Settlement Authority (with appeal to
the Supreme Court). This structure, in which executive and judicial bodies
determine tax rates, may impinge on the rights of legislatures.
The Bill seeks to amend the Constitution to provide that Parliament and state
legislatures may both frame laws with regard to GST without providing for
Parliamentary supremacy.
The GST Council shall make all decisions by consensus. It is unclear whether this
may be interpreted as majority or unanimity.
The exclusion of certain commodities from GST is contrary to the recommendations
of the Thirteenth Finance Commission and Department of Revenue.
The Bill constitutionally requires a Union Finance Minister and Union Minister of
State in charge of Revenue. This could undermine the flexibility of the Prime
Minister in forming a Council of Ministers.
The Constitution (116)(One Hundred and Sixteenth Amendment) Bill, 2011 Current
Status: Pending
The Bill was introduced in the Lok Sabha
by the Minister of Personnel, Public Grievances and Pensions, Mr. V. Narayanasamy
on December 22, 2011.

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The Bill amends the Constitution by inserting a new Part XIVB (adding Articles
323C and 323D) to the
Constitution. It provides an outline for establishing a Lokpal for the Union and
Lokayukta for the states. The
Bill also amends the Third Schedule (insertion of Part IX) to provide for the form of
oath to be taken by the
Chairperson and members of Lokpal and the Lokayukta. The Bill provides that
that there shall be a Lokpal for the Union and a Lokayukta for the States.
Lokpal
The Bill vests the Lokpal with the power to (a) hold preliminary enquiry which
may result in an investigation;
and (b) prosecute offences. This power is in relation to a complaint filed under any
prevention of corruption law
made by Parliament. The Lokpal shall be an autonomous and independent body
headed by a Chairperson. The number of members and the conditions of the service
of the Lokpal shall be determined by Parliament.
The appointment of the Chairperson and the members of the Lokpal shall be
made by the President.
The Chairperson and members of the Lokpal shall not be eligible to hold any
further government posts (including office under the Government of India, State
Government or any other officer as may be determined by Parliament).
Lokayukta
The Bill also provides that there shall be a Lokayukta for every State. The Bill
vests the Lokayukta with the power to (a) hold preliminary enquiry which may result
in an investigation; and (b) prosecute offences. This power is in relation to a
complaint filed under any prevention of corruption of law made by either the
Parliament or the State legislatures as the case may be. The Lokayukta shall be
an autonomous and independent
body headed by a Chairperson. The number of Members and the conditions of
service of the Lokayukta shall be
determined by either Parliament or the State Legislatures as the case may be.
The appointment of the Chairperson and the Members of the Lokayukta shall be
made by the Governor.

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The Chairperson and Members of the Lokayukta shall not be eligible to hold any
further government posts
(including office under the Government of India, State Government or any other
officer as may be determined by Parliament or state legislature).
The Constitution (117th Amendment) Bill, 2012
The Constitution (One Hundred Seventeenth Amendment) Bill, 2012 was introduced
in the Rajya Sabha on September 5, 2012 by Mr. V Narayansamy, Minister of State
for Personnel, Public Grievances and Pensions.
In 1992, the Supreme Court in the case of Indira Sawhney v Union of India had held
reservations in promotions to be unconstitutional. Subsequently in 1995, the
central government had amended the Constitution and inserted Article 16(4A). This
provided for reservation in promotions for Scheduled Castes and Scheduled Tribes
which in the opinion of the state are not adequately represented in the services.
In 2006, the Supreme Court in the case of M. Nagraj v Union of India upheld the
constitutional validity of the amendment. While upholding the validity of the
amendment, the court held that before framing any law on this issue, the state will
have to satisfy the test of; (a) backwardness of the particular SC and ST group; (b)
inadequate representation of the said group; and (c) efficiency of administration.
In April 2012, the Supreme Court struck down the UP Government Seniority Rules
which provided for reservations in promotions. The court held that the state
government had not undertaken any exercise to identify whether there was
backwardness and inadequate representation of Scheduled Castes and Scheduled
Tribes in the state government.
In light of the recent judgment of the Supreme Court, the central government has
introduced the present Bill amending the Constitution. The Bill seeks to substitute
Article 16(4A) of the Constitution of India.
The Bill provides that all the Scheduled Castes and Scheduled Tribes notified in the
Constitutional shall be deemed to be backward.
Article 335 of the Constitution states that the claims of the Scheduled Castes and
Scheduled Tribes have to be balanced with maintaining efficiency in administration.
The Bill states that provision of the amendment shall override the provision of
Article 355.
The Constitution (118th Amendment) Bill, 2012 (Insertion of new article 371J)
The Constitution 118th Amendment Bill, 2012 was introduced in the Lok Sabha on
September 7, 2012 by the Minister of Home Affairs, Mr. Sushil Kumar Shinde. The
Bill was referred to the Standing Committee on Home Affairs (Chairperson: Mr. M.

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Venkaiah Naidu), which is scheduled to submit its report by the first week of the
Winter Session of the Parliament.
A resolution to make special provisions for the Hyderabad-Karnataka Region was
passed by the Legislative Assembly and Legislative Council of Karnataka in March
2012. The resolution aims to establish an institutional mechanism to develop the
region and promote inclusive growth. It aims to reduce inter-region and interdistrict disparity in the State of Karnataka. This Bill was introduced in Parliament to
give effect to this resolution.
The Bill seeks to insert Article 371J in the Constitution to empower the Governor of
Karnataka to take steps to develop the Hyderabad-Karnataka Region. As per the
Statements of Objects and Reasons of the Bill, this Region includes the districts of
Gulbarga, Bidar, Raichur, Koppal, Yadgir and Bellary.
The President may allow the Governor to take the following steps for development
of the region: (i) setting up a development board for the Region; (ii) ensure
equitable allocation of funds for development of the Region; and (iii) provide for
reservation in educational and vocational training institutions, and state
government positions in the Region for persons from the Region.