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Constitutional amendments, codifications and consolidation of statutes

September 29, 2022

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In this article, written by Arryan Mohanty, a student of Symbiosis Law School, Nagpur, discusses amendments, codification, and consolidation of statutes. It also differentiated codifying & consolidating statutes.

This article has been published by Sneha Mahawar.

Table of Contents

Introduction

A bundle of legislation passed by the legislature is referred to as a statute. The legislature also passes the legal provisions created by the Act. The same can be divided into three major groups for classification. The categories are Codification of Statutes, Consolidation of Statutes, and Amendment. To amend a law is to make modifications to it following current circumstances. Consolidation is the process of combining the legal laws that deal with a specific legal topic. On the other hand, codification implies fully expressing the legal provisions about a specific legal topic.

A statute is a piece of writing that the legislature, both at the state and federal levels, passes and enacts into law. The Indian Constitution gives the legislature the authority to adopt and amend both new and existing laws in the judicial system. But, the term “statute” is not defined in the Indian Constitution. Instead, the word “Law” is used. According to Article 13(3), the term “law” refers to all ordinances, orders, bylaws, rules, regulations, notifications, customs, and usages that have the same legal effect as laws. It would be accurate to say that the statute represents the legislative intent of India. A statute becomes a law when it is passed and is consequently known as Statutory Law. India’s parliament is referred to as the Parliament. A bicameral legislature is in place. It consists of the Rajya Sabha and the Lok Sabha, two houses. Both houses of Congress must pass the measure for it to become a Statutory Law. Additionally, each state has its legislature. The Vidhan Parishad and Vidhan Sabha make up the state legislature in India. Both houses of the state legislature pass laws that are specifically designed for a given state. A statute is simply a statement of the law on a specific issue that might occur or be committed by a person. For instance, the Indian Penal Code, 1860, declares that anyone who kills someone is guilty of murder under the law. All of the nation’s citizens would be subject to the law’s application and obligations.

Amendment of the Statutes

Any type of modification, such as introducing new laws, changing existing laws, or making specific changes to existing laws that are contained in the Indian Constitution, legislative bills, or statutes, is known as an amendment. Existing statutes and the constitution both undergo amendments. These can also be made to the measures throughout their passage through the legislature. The revisions to the national constitution of a nation could radically alter the fundamental structure of the nation’s political structure and governing institutions. So, it is advised that these revisions be submitted in the precise manner specified and in no other forms. If we consider the amendments done in the Constitution of India as an illustration, we can observe that as of December 2021, there have been 104 amendment acts passed to the Indian Constitution. The course of Indian politics has changed significantly as a result of all these amendments. Any article of this Constitution may be added to, changed, or repealed by Parliament under the prescribed procedure, according to Article 368 of the Constitution, which deals with modification by a special majority and ratification. An amendment may be proposed in either House of Parliament, according to Article 368(2). A majority must approve it of all members present and voting in addition to at least two-thirds of the members of that House. The following articles can only be amended with a special majority and approval from state legislatures, according to Article 368 of the Indian Constitution:

· Article 54, Article 55, Article 73, Article 162 or Article 241, or

· Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

· any of the Lists in the Seventh Schedule, or

· the representation of States in Parliament, or

· the provisions of this Article.

The Parliament of India has the authority to change the Indian Constitution and its processes under Article 368. The Indian Constitution is not easily amended, and doing so necessitates adhering to additional rules. The right to change it while maintaining its essential structure is granted to Parliament under Article 368. Two different sorts of modifications to the Indian Constitution are listed in Article 368. The first type of amendment requires the support of a simple majority in both the Lok Sabha and the Rajya Sabha, the second type requires a special parliamentary majority, and the third type requires the support of a special majority plus 50% of the state’s population. Time is not constant; it is ever-changing. The Constitution needs revision. The social, cultural, and political climate of the population is beginning to change. If the constitutional amendments weren’t made, we wouldn’t be able to handle upcoming challenges, and it would become a roadblock to progress. Why our forefathers established the Constitution as strong as it is today, having a justification. To make sure that the plans adapt to the expansion of the nation. As a result, per Article 368, Parliament has unrestricted authority to alter any portions of the Constitution that it sees fit. However, the Supreme Court declared in the Kesavananda Bharati case (1973) that the Parliament could not alter specific clauses that make up the fundamental structure of the constitution. Ideologies of the constitution that are necessary for its existence. Free and fair elections, the federal form of the country, judicial review, and power separation are a few examples. It indicates that the Constitution’s fundamental legal principles and founding principles serve as its cornerstone. These cannot be touched by anyone.

Some of the major amendments over the years are as follows:

First Amendment, 1951

The Constitution (First Amendment) Act of 1951 gave the State the authority to enact specific organisations to help socially and economically underprivileged groups.
Savings laws that permit the acquisition of estates, etc.
The Ninth Schedule was added to the bill to shield the land reform legislation and other provisions from judicial review. Article 31 was followed by Articles 31A and 31B, respectively.
Public order, cordial ties with other nations, and incitement to commit an offence are now three more justifications for limiting freedom of speech and expression. Additionally, it rendered the limitations “fair” and, as a result, naturally justiciable.
Freedom of expression, ownership of the Zamindari estate, governmental trade monopoly, and other issues were raised in the proceedings. Property rights, freedom of speech, and equality before the law are all violated by these laws.

2nd Amendment, 1952

By easing Article 81(1), which specifies that 1 member can represent even more than 7.5 lakh persons, the Lok Sabha’s representation of the population has been revised.
By changing Article 81 of the Indian Constitution, this amendment removed the maximum population cap.

4th Amendment, 1955

The ratio of compensation that must be provided for the forced acquisition of private property was determined by this amendment.
Established upper restrictions on the amount of agricultural land that any individual may own or occupy.
Allowing for complete governmental control over mineral and oil resources. Additionally, the authority to revoke or change the terms of any associated licenses, mining leases, or other similar arrangements was transferred.
Allowing the nationalisation of any business or industrial venture by the government.
More Acts were added to the ninth schedule.
Modified Article 31(2) to address the purchase or requisition of public property as well as the transfer of the State’s ownership or right to possession of any property.
Extended the application of Article 31 A (savings of laws).

7th Amendment, 1956

Second and seventh schedules have been revised.
There are now 14 states and 6 federal territories instead of the previous four divisions of states (Part A, Part B, Part C, and Part D states).
Union territories now fall within the purview of the supreme court.
Allowed for the creation of a common high court between two or more states.
Assuming new High Court judges are appointed, including acting judges.
Implementing the State Reorganisation Act, 1956, and the recommendations of the State Reorganisation Committee. Reorganisation of States linguistically. Classes A, B, C, and D have been phased out.

8th Amendment, 1959

The Constitution’s Article 334 was changed by this amendment.
Seats for Anglo-Indians, members of Scheduled Castes and Tribes, and other groups were reserved for a longer period in the State Legislative Assemblies and the Lok Sabha.
Ten years before, the reservation period was in effect. This amendment allowed for an increase of up to twenty years.

9th Amendment,1960

Facilitated the cession of the Berubari Union Indian territory to Pakistan as stipulated in the Indo-Pakistan Agreement. These areas are located in West Bengal (1958). The Constitution’s Schedule 1 was changed.
Changes were made to Indian territory as a result of a Pakistani agreement. Following this, the Union brought the issue to the SC, which decided that the cession of Indian territories to a foreign government was not covered by the Parliament’s ability to reduce a state’s area (under Article 3). Therefore, only constitutional amendments made following Article 368 may relinquish Indian territory to a foreign State.

10th Amendment, 1961

Dadra, Nagar, and Haveli were incorporated as a Union Territory as a result of their annexation from Portugal.
Article 240 was modified.

11th Amendment, 1961

Changed the way the Vice President is elected by substituting an electoral college vote for a joint meeting of the two chambers of Congress.
As long as the election of the President or Vice President cannot be contested due to a vacancy in the relevant electoral college.

12th Amendment, 1962

The Indian Union included Goa, Daman, and Diu as Union Territories.
Under Article 240, the Constitution was modified.

13th Amendment, 1962

Establishment of the Nagaland State, which would enjoy the additional protections outlined in Article 371A.
The Constitution’s Article 170 was changed.

14th Amendment, 1962

The Treaty of Cession was approved by the governments of India and France, and as a result, the French colonies of Pondicherry, Karaikal, Mahe, and Yanam became parts of the country of India.
The group of territories was given the name Pondicherry, and Pondicherry received more representatives in the Lok Sabha.
Additionally, it provided for legislatures and councils of ministers in Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry, all of which are union territories.

15th Amendment, 1963

Enables the High Court to issue writs to any person or authority, even if that person or authority is outside the terrorist’s jurisdiction if the cause of action occurs inside its borders.
Judges on the high court now have to retire at age 62 instead of 60.
As long as former judges of the high court are appointed to serve as acting judges on the same court.
Provided the remuneration for judges who were moved from one High Court to another.
Allowed the retired High Court judge to serve as an ad hoc judge on the Supreme Court.
Outlined the process for determining the judges of the Supreme Court and High Court’s ages.

16th Amendment, 1963

Amended Article 19 of the Constitution to give governments the authority to impose restrictions on people’s freedoms of speech, assembly, and association in the interest of India’s sovereignty.
Modified Articles 84 and 173 to clarify the requirements for members of the legislatures of each state, respectively.
Included integrity and sovereignty in the oaths or affirmations that legislators, ministers, judges, and the Indian CAG took.

17th Amendment, 1964

Amended Article 31A to state that any land under private cultivation acquired by the state without payment of market value compensation shall be deemed unlawful.
44 state laws about land issues were added and the Ninth Schedule was modified.

18th Amendment, 1966

The ability granted to the Parliament to create new states by joining portions of existing states or Union territories with one another was made clear with the revision of Article 3 of the Constitution.
New states of Punjab and Haryana were established.

19th Amendment, 1966

The Constitution’s provision relating to supervision and control in Article 324(1) was changed.
To resolve disagreements relating to the Parliamentary or state elections, the appointment of an electoral tribunal was discontinued.
The change also made it possible for the High Courts to hear electoral petitions.

21st Amendment, 1967

The Constitution’s Eighth Schedule includes the Sindhi language. Although Sindhi was not a regional language in India, it was one of the most significant languages in the country before the partition.
As a result, Sindhi was listed as the 12th language in the Eighth Schedule.

24th Amendment,1971

Confirmed Parliament’s power to alter the Constitution in all respects, including fundamental rights, by altering Articles 13 and 368.
Made it necessary for the President to sign a bill proposing a constitutional amendment.
The Supreme Court’s Golaknath ruling (1967), which held that Parliament cannot repeal constitutional rights by modifying the Constitution, prompted the introduction of the Twenty-fourth Constitutional Amendment Act.

25th Amendment, 1971

The basic right to own property was restricted. By amending Article 31, which has since been repealed, it was made a constitutional right.
The amendment made it clear that after paying the appropriate compensation, any legal authority could seize or requisition property.
By adding a new Article 31 C, it was made clear that no law established following the Directives of State Policy in Article 39(b) and (c) may be challenged on the basis that it eliminated or diminished any of the rights outlined in Articles 14, 19, or 31.

26th Amendment, 1971

Removed the former princely state monarchs’ privy funds and privileges.
The wording of Article 366 has changed. Article 363A was added, and articles 291 and 362 were removed.

27th Amendment, 1971

The idea of reorganising the northeastern regions included the then-Union Territory of Mizoram. Mizoram was granted the authority to have a legislative Council of Ministers through the revision to Article 239A, which deals with the creation of local legislatures or Councils of Ministers or both for specific Union territories.
A new article, 239B, was added that gave the authority to enforce ordinances while the legislature was in session.
A second new article, 371C, was also introduced, giving the State of Manipur particular authority.

31st Amendment, 1973

The Lok Sabha now has 545 seats instead of the previous 525.
Because of the country’s rising population, this was done.
Due to the sizeable tribal populations in Assam, Nagaland, Meghalaya, Arunachal Pradesh, and Mizoram, the Indian Constitution’s Article 330, which allows for the reservation of members in the Lok Sabha for Scheduled Castes and Scheduled Tribes, was deemed to be inapplicable for these regions.
The tribal regions of Assam, Nagaland, and Meghalaya were also ruled to be exempt from the provisions of Article 332 governing the reservation of seats in state legislative assemblies.

32nd Amendment, 1973

The amendment included special clauses on entry into educational institutions, public employment, particularly in the civil service, and the establishment of an administrative tribunal with the authority to hear complaints and disputes involving public services.
Has a clause in place to create a Central university in Andhra Pradesh.
Amended the Constitution’s Seventh Schedule.

33rd Amendment, 1974

Articles 101 and 190 have been amended.
It is required that resignation letters from state legislators and members of parliament be written by hand and addressed to the chairman or speaker. The Speaker or Chairperson should only accept the resignation if they are confident that it is voluntary or sincere. The resignation won’t be accepted if it doesn’t.

35th Amendment, 1974

Sikkim was merged with the Indian Union.
In this revision, the Tenth Schedule was added, containing the terms and conditions for Sikkim’s integration with the Indian Union.

36th Amendment, 1975

Sikkim joined the Indian Union as its 22nd state.
The tenth schedule was omitted.

37th Amendment, 1975

It was approved by Parliament on April 26, 1975, to allow for the establishment of a Legislative Assembly and a Council of Ministers in Arunachal Pradesh, the nation’s most northeastern Union territory.

38th Amendment, 1975

The Constitution’s Articles 123, 213, 239B, 352, 356, and 360, which dealt with the President’s different powers and oversight, were modified.
The amendment of Articles 123, 213, and 239B regarding the promulgation of Ordinances by the President, Governor, or Administrator, as appropriate, when the legislature is not in session is final and conclusive, not justiciable, and cannot be contested in court, as specified by the amendment.
Following this amendment, the President’s authority to declare an emergency under Article 352, the Executive’s authority to run the government under Article 356, and the Executive’s authority to declare a financial emergency under Article 360 are final, conclusive, and not subject to challenge on any basis.
Gave the President the authority to declare a national emergency concurrently on several grounds.

39th Amendment, 1975

The Lok Sabha passed the bill on August 7 and the president assented to it on August 9, 1975.
The Act renders unchallengeable the election of the President and Vice President as well as the election of the Prime Minister or Speaker of the House of Representatives.
The Supreme Court invalidated Article 329A in the case of the State of Uttar Pradesh v. Raj Narain because it violated the fundamental principles of the constitution.

40th Amendment, 1976

The Exclusive Economic Zone (EEZ), the Continental Shelf, the Territorial Waters, and India’s Maritime Zones were all subject to periodic determination by the Parliament.
The ninth schedule contains 64 more Central and State laws, most of which deal with land reforms.

42nd Amendment, 1976

Three more words—socialist, secular, and integrity—were used in the Preamble.
In the history of Indian constitutional amendments, the 42nd amendment is the most comprehensive. It was 59 clauses long and implemented so many changes that it was referred to as a “Mini Constitution.”
The citizens now have additional basic obligations (new part IV A).
The Cabinet’s recommendations were made binding on the President. Tribunals excluding those for administrative and other matters (Added Part XIV A).
Frozen the Lok Sabha seats and the state legislatures based on the 1971 census till 2001. There was no judicial scrutiny of the constitutional amendments.
The authority of judicial review and written jurisdiction had been restricted by the Supreme Court and high courts. state legislatures’ terms and the Lok Sabha’s were increased to six years.
Included three new principles: equal justice and free legal aid; employee involvement in industry management; and preservation of the environment, forests, and animals.
Helped a chunk of India’s territories declare a national emergency. extended from six months to a year the president of a state’s one-time era of law.
Empowered the Centre to send its military troops into any state to cope with a serious law-and-order crisis.
Five subjects, forests, wildlife and bird protection, weights and measures, administration of justice, constitution, and organisation of all courts—were moved from the state list to the concurrent list, except for the Supreme Court and the high courts.
The Parliament has the authority to periodically determine the duties and obligations of its commissions and members. Founded to advance the judicial system throughout all of India.

43rd Amendment, 1978

The outrageous 42nd Amendment fundamental rights legislation was passed during the Emergency and is repealed by this Act. By repealing Article 31D, which allowed Parliament to restrict even legal union activities under the pretence of anti-national activity prevention legislation, it restores civil liberties.
The new law, which has been passed by more than half of the States in conformity with the Constitution, also gives the States the legal authority to make suitable provisions for anti-national acts that are consistent with fundamental rights. The judiciary was likewise given its proper position back under the legislation.
With the 42nd Amendment Act repealed; the Supreme Court will once again have the authority to declare state legislation unconstitutional. Now, the High Courts could decide whether Central Legislation mandating persons living in remote places to seek swift justice was legal without having to go to the Supreme Court.

44th Amendment, 1978

Changed the phrase “armed revolt” to “internal disturbance” while referring to the state of emergency.
Has mandated that the President can only declare a national emergency on the written proposal of the cabinet.
Has made some constitutional clauses about a national emergency and the Constitution’s law.
Removed the right to property from the list of fundamental rights and replaced it with a legal right.
As long as the fundamental rights protected by Articles 20 and 21 cannot be suspended during a national emergency.
The Lok Sabha and state legislature terms were restored to their former length of five years.
Restored the quorum requirements for state and federal legislatures.
The parliamentary privileges provisions did not mention the British House of Commons.
Granted the publication in a journal of accurate accounts of parliamentary trials and state assemblies.
The recommendations from the cabinet could be sent back to the President once for revision. However, the President is required to abide by the revised opinion.

46th Amendment, 1982

This amendment gave the tools to the state to tackle tax evasion in a variety of ways.
Assigned the states with levying and collecting taxes on products consigned for interstate trade or commerce at the point of sale.
Limits and conditions concerning the system of taxation, rates, and other aspects of the tax on the delivery of goods under a hire-purchase agreement or any other system of payment through installments, and on the right to use any products.

47th Amendment, 1984

The Ninth Schedule was amended to add 14 land reform laws from different states, including Assam, Bihar, Haryana, Tamil Nadu, Uttar Pradesh, West Bengal, Goa, Daman, and Diu.

49th Amendment, 1984

Provided constitutional sanctity to the autonomous District Council of Tripura.

50th Amendment, 1984

The government was given the authority to limit the fundamental rights of people working in the armed forces, intelligence organisations, and telecommunication systems established for any Force, bureau, or organisation through this amendment through Article 33 to maintain discipline and the proper performance of duty.

52nd Amendment, 1985

Added a new Tenth Schedule with the relevant information to provide for disqualification due to the defection of parliamentary members and state legislatures.
To stop the trouble of political defections enticed by power or monetary incentives, it added anti-defection rules through the adoption of a new Tenth Schedule.
Both houses of Parliament overwhelmingly voted to approve the 52nd amendment.
The Act made switching parties after elections illegal. Any member who switches parties after elections will be barred from serving in either the national or state legislatures.

58th Amendment, 1987

Accorded the Hindi translation of the Constitution with the same legal validity and made it available as an authoritative text.
This demands for specific rules to be put in place in the states of Arunachal Pradesh, Nagaland, Mizoram, and Meghalaya to reserve seats for Scheduled Tribes. After Article 322 was changed, the seating arrangement was put on hold until 2000.

61st Amendment, 1989

Lowered the voting age from 21 to 18 for elections to the Lok Sabha and state legislatures.
That was characterised by Rajiv Gandhi, who was prime minister at the time, as a demonstration of the government’s complete faith in the nation’s youth.
Lowering the voting age will give the nation’s unrepresented youth a way to express their emotions and may inspire them to participate in the political process because young people are educated and informed.

62nd Amendment, 1989

It asked for the continuation of the Scheduled Castes and Tribes’ seat reservations in the Parliament and State Legislatures for a further ten years, as well as their election-related reservations.

65th Amendment, 1990

A National Commission for Scheduled Castes and Scheduled Tribes has been established under an amendment to Article 338 of the Constitution. It is composed of a Chairperson, a Vice-Chairperson, and five additional members who are appointed by warrant and are subject to the control and seal of the Chairperson.

69th Amendment,1991

Following the Act of Parliament, Delhi was to become the “Delhi National Capital Territory.” Additionally, a 70-member assembly and a ministerial council with 7 members are provided for Delhi under this.

71st Amendment, 1992

The amendment makes Nepali, Manipuri, and Konkani eligible for the Eighth Schedule of the Constitution. With the addition of these three languages, the Eighth Schedule’s total number of languages rises to 18.

73rd Amendment, 1992

The Seventy-third Constitutional Amendment Act, 1992, was approved by the Parliament on December 22, 1992. It was published in the Official Gazette on April 20, 1993, after it had been amended by the State’s MPs and approved by the President of India. Institutions of the Panchayati Raj now enjoy constitutional legitimacy.
Since Part VIII of the Constitution, a new section IX has been introduced, with the introduction of the Panchayati Raj Institutions’ responsibilities and powers in Article 243A and a new schedule known as the Eleventh Schedule.
According to the Act, there will be a Gram Sabha, a three-tier Panchayati Raj system, seats reserved for SCs and STs in proportion to their populations, and one-third of seats reserved for women.

74th Amendment, 1992

Granted urban local bodies constitutional standing and protection.
The Amendment inserted Part IX-A as the municipality.
18 functional tasks that must be completed by the municipalities are included in the new Twelfth Schedule, which was just adopted.

76th Amendment, 1994

This Amendment Act raises the maximum percentage of government jobs and college admissions slots in Tamil Nadu that must be reserved for socially and educationally disadvantaged sections to 69%.
To shield it from judicial review, the Amendment Act was also placed in the Constitution’s Ninth Schedule.

77th Amendment, 1995

With this modification, a new clause (4-a) has been inserted into Article 16 of the Constitution, giving the State the authority to make any reservations in favor of SCs and STs in promotions to government employees when it believes that their representation in state services is insufficient.
This was done to overturn the Supreme Court’s ruling that quotas on promotions are unlawful in the case of the Mandal Commission.

80th Amendment, 2000

Based on the recommendations of the Tenth Finance Committee, the Constitution (Eighth Amendment) Act of 2000 provided a different system for the division of taxes between the Union and the Province.
According to the current income-sharing agreement between the Union and the States, the States will get 26% of the total federal tax and duty revenues instead of their current share of income tax, excise duty, special excise duty, and exemptions in place of taxes on train passenger fares.

81st Amendment, 2000

As a result of this amendment, the unfilled vacancies of one year reserved for the Scheduled Castes and Scheduled Tribes reservations made pursuant according to to16 of the Constitution shall be regarded as a distinct class of vacancies to be filled in every subsequent year or years, and these class of vacancies shall not be counted in the following of the year in which they were filled to decide the limit of a quota of fifty pence.

82nd Amendment, 2000

With this change, the relaxation of the evaluation criteria and qualifying standards for promotions in the public sector was brought back.
Paved the way for any provisions to be made in its favour.

84th Amendment, 2001

The Act reconsidered the terms of Articles 82 and 170(3) of the Constitution to rearrange and excuse the geographical constituencies of the States without modifying the number of seats dispensed to each State in the Lok Sabha and Legislative Assemblies of States, including Scheduled Castes and Scheduled Tribes Constituencies, on a populace not entirely set in stone in the 1991 evaluation to eliminate the hole made by inconsistent populace/electing development in various constituencies.

86th Amendment, 2002

The Act adds a new Article, namely Article 21A, which grants the right to free and compulsory education to all children between the ages of 6 and 14 to make it a basic right. The Law alters Parts III, IV, and V of the Constitution (A).
The government ordered private schools to take 25% of their class size from socially vulnerable or disadvantaged classes in society through a random allocation mechanism, which was one of the most significant developments. This action was done to try to provide everyone with a high-quality education.

88th Amendment, 2003

Service tax is a tax that is imposed by the Union and levied by the States. Articles 268, 270, and the 7th schedule are modified by the Act.

91st Amendment, 2003

This amendment aimed to tighten the anti-defection legislation included by the fifty-second amendment, reduce the size of the Council of Ministers, and prevent defectors from holding public office.
According to Article 75(1A), the total number of ministers, including the Prime Minister, in the central council of ministers may not be more than 15% of the Lok Sabha’s overall membership.
According to Article 75(1B), a member of any chamber of Parliament who is disqualified due to defection is likewise unable to be appointed as a minister.
The entire number of ministers serving in the state’s council of ministers, including the chief minister, should not be more than 15% of the total membership of the state’s legislative assembly. However, as stated in Article 164(1A).
The total number of ministers shall not be less than 12.
A state legislative assembly member who is disqualified due to a defect is likewise unable to be appointed as a minister under Article 164(1B).
A person who is disqualified based on defection is likewise prohibited from holding any paid political office, in whole or in part, according to Article 361B.
The change also removes the anti-defection law clause from the Tenth Schedule that offered an exception from disqualification in the case of a split by one-third of the legislature. It implies that a defector’s claim of splits is without merit.

92nd Amendment, 2003

The amendment supports the Bodo, Dogri, Maithili, and Santali languages being added to the constitution’s eighth schedule. With the addition of these four languages, the 8th Schedule’s total number of languages rises to 22.

95th Amendment, 2010

The amendment intends to raise the age requirement for SC and ST legislator seats in the Lok Sabha and State legislatures from 60 to 70 years.

96th Amendment, 2011

The 8th Schedule of the Indian Constitution has Odia in place of Oriya.
Orissa’s name was changed to Odisha.

97th Amendment, 2012

After the phrase “or unions,” the words “or cooperative societies” were added to Article 19(l)(c), along with Article 43B, which deals with promoting cooperative societies, and Part IXB, which deals with cooperative societies. The amendment aims to encourage cooperative economic activities that, in turn, aid in the development of rural India.
Making the administration of cooperatives accountable to members and other stakeholders is necessary for addition to ensuring the autonomous and democratic operation of the organisation.

99th Amendment, 2014

It demanded that the National Judicial Commission be established.
This amendment substituted the National Judicial Appointment Commission (NJAC) for the collegium system of appointing judges.
Articles 124A, 124B, and 124C were added, which describe the component members, their roles, and the authority of Parliament. Article 124(2), which deals with the selection of Supreme Court judges, was modified. The Union law minister, two senior Supreme Court judges, the Chief Justice of India, and two more nominees made up the NJAC. The Parliament will regulate the appointment and transfer of judges, which was part of the duty.
The NJAC now has the authority to nominate judges instead of the President or the Chief Justice, under the amendments to Articles 127, 128, 217(1), 222, 224, and 231.
The legitimacy of this change was contested in the Supreme Court Advocates-on-Record Association and another v. Union of India (2016) case. The Honourable Supreme Court ruled that the amendment breached both the independence of the judiciary and the notion of separation of powers. Additionally, it reinstated the prior collegium system and declared the amendment null, void, and unlawful.

100th Amendment, 2015

Exchange with Bangladesh of other enclave lands. granting citizenship rights to enclave dwellers as a result of Bangladesh and India’s ratification of the Land Boundary Agreement (LBA).

101st Amendment, 2016

With the passing of the 101st Constitution Amendment Act, 2016, and following notices, the Goods and Services Tax (GST) went into effect on September 8, 2016.
Articles 246A, 269A, and 279A were incorporated into the constitution. The amendment made it possible to alter the seventh cycle of the constitution. Previously, responsibilities relating to cigarettes, alcoholic beverages, marijuana, Indian hemp, medications and drugs, and restroom arrangements were listed in entry 84 of the Union List. Following the modification, a list of items should include petroleum oil, high-speed gasoline, engine spirit (petrol), natural gas, air turbine power, cigarettes, and cigarette-related products.
Newspapers and adverts published within were previously listed under Entry 92, but they are now covered by GST. The list of unions has now been updated to remove entry 92-C (Service Tax). The State register has since been updated to delete Entry 52 (entry tax for in-state sale).
Taxes on the sale of petroleum oil, high-speed gasoline, motor spirit (petroleum), natural gas, aviation turbine fuel, and alcoholic spirits for human consumption have been added to Entry 54, Taxes on the export or purchase of goods other than newspapers, following the provisions of Entry 92-A of the List I. This does not include the sale or distribution in the form of interstate commerce or commerce Reference 55 (Taxes on Advertising), nevertheless.
These taxes, which can only be imposed by local governments, have taken the place of entry 62 (Luxury taxes, including taxes on amusement, entertainment, betting, and gambling).

102nd Amendment, 2018

The National Commission on Backward Classes is seeking constitutional recognition through this measure. It proposes to add a new Article 338B to the constitution that would describe the NCBC’s mission, structure, duties, and officers.
Added a new Article 342-A allowing the President to announce the list of socially and educationally backward classes in a state or union territory.

103rd Amendment, 2019

Articles 15 and 16 of the constitution were altered, altering two liberties. It provides for the advancement of society’s economically underprivileged groups.
A considerable 10% of all government jobs and college spots will also have quotas for voters outside of the wealthy class.
This amendment act was legislated to enforce Article 46 of the Indian Constitution, a Directive Principle that calls on the government to defend the economic and educational interests of the society’s most vulnerable groups.

104th Amendment, 2020

This increased the number of seats reserved for SCs, STs, and state legislators in the Lok Sabha.
Amended Article 334 to increase the number of seats reserved in the Lok Sabha and state legislatures for members of the Scheduled Castes and Scheduled Tribes.
It did not, however, extend the Article 331-reserved seats for Anglo-Indian groups in the legislative assembly and two reserved seats in the House of Commons.

105th Amendment, 2021

Based on the 3:2 majority decision by the Supreme Court in the Maratha Reservation case, the 105th amendment was passed.
The central government should create and maintain a list of the socially and economically disadvantaged classes (SEBCs) under the central list.
With the help of this amendment, states and union territories will once again be able to identify SEBCs and keep track of other backward communities not included on the central list.
Article 366(26C) and 338B were added concerning the aforementioned.

Codifying Statutes

A statute that presents an orderly and authoritative statement of the most important legal principles relating to a specific topic is known as a codifying statute. Thus, the codifying statute fully expresses all applicable legal requirements for a specific topic. The goal of codifying the law is to make it uniform and ensure that it is applied systematically. Once a law has been codified, its authors cannot be asked to alter it to reflect societal conditions. Only the legislature has the authority to alter the codified laws, whether the change is significant or slight. The goal of codifying the law is to make it uniform and ensure that it is applied systematically. Once a law has been codified, its authors cannot be asked to alter it to reflect societal conditions. Only the legislature has the authority to alter the codified laws, whether the change is significant or slight.

Features

1. Only concerning one specific subset of a subject may a codifying statute constitute a code. Other branches of the same subject might not be included. According to the ruling in Mumbai Kamgar Sabha, Bombay v. Abdulbhai Faizulbhai (1976), the Payment of Bonus Act, 1965, only addresses profit bonuses and does not apply to other types of bonuses. As a result, the Act addresses profit bonuses as a whole Code and does not implicitly eliminate other unique and diverse types of bonuses, such as customary bonuses.

2. In contrast to a regular enactment, a code is comprehensive and self-contained. According to the ruling in Gokul Mandar v. Pudmanand Singh, it is not within the purview of the jungle to ignore or deviate from the letter of an enactment following its true interpretation. The essence of a codifying statute is to be exhaustive on the matters in respect of which it declares the law. The difference between a Code and regular legislation is that a Code is comprehensive and self-contained.

3. General principles cannot be used in situations where the Code applies. Only the Code’s requirements must be followed by the court. In Pioneer Aggregates (UK) Ltd. v. Secretary of State for the Environment (1985), it was decided that when the Code is unclear or silent, it may be essential to turn to private law principles so that the courts might apply common law or equitable principles to remedy problems. However, such instances will be rare. Furthermore, if the scenario is covered by statute law, it would be an improper exercise of judicial authority to deviate from it by adopting such principles only because they might seem to produce a more equitable resolution to the issue at hand.

Based on this principle, it was determined in King Emperor v. Dahu Raut (1935) that any issue on the admission and resolution of criminal appeals must be resolved under the provisions of the relevant Code (in this case, the Code of Criminal Procedure), and not outside of them.

Similar to this, it was noted in L Janakirama Iyer v. PPM Nilkanto Iyer (1961) that a res judicata issue in a lawsuit must be resolved strictly following the provisions of Section 11 of the Code of Civil Procedure, 1908, and not on broader res judicata grounds.

Judicial Precedent

When interpreting the codified law in the case of Bank of England v. Vagliano Brothers (1891), Lord Herschell said, “The goal of a codifying Act is to resolve the conflict of judgments.” He continued by saying that a codifying act incorporates all references made in earlier cases. As ambiguity and misunderstanding are eliminated, the interpretation becomes more reliable. When interpreting the Income Tax Act, 1992, the Supreme Court of India held in Subba Rao v. Commissioner of Income Tax (1956) that the Act is exhaustive and that its purposes demonstrate that it differs from the general rule. The statute’s prologue declares that it is an act that may be consolidated and modified.

Construction

Before drafting a codifying Act, the terminology employed therein should be reviewed without reference to or consideration of earlier legal precedent.

According to Lord Herschell, the rules that apply to the construction of codifying legislation are that the text of the statute should first be considered and its natural meaning should be sought for without being affected by any considerations regarding the prior state of the law.

Consolidating Statute

A consolidated statute is one that repeals the previous statute and presents the entire corpus of statutory law on the issue in its entirety. In other words, it is a statute that combines different laws on a certain topic into the form of a single statute.

Consolidation of Statutes’ goal is to create a single book of statutory law with all the relevant Acts in full, detailed form, repealing the earlier Acts. It might not, however, be only a compilation of all the earlier clauses. Consolidation is more than just a straightforward compilation of existing statutes; all laws and requirements must be implemented in coordination with one another. When consolidating the statutes, it is important to keep in mind how society is changing.

According to Watson, the goal of consolidation is to compile all existing legal precedent on a specific topic and bring it up to date with the moment the consolidating Act was passed.

Three basic types of consolidation exist, and they are as follows:

Without Making Any Changes:

In this instance, consolidating statutes only entails compiling several acts that fall under the same category and were written to address the same kind of potential offence or event.

Minor Adjustments:

In this instance, the consolidation of statutes consists of a compilation of many statutes that have had minor changes made to them so that they are easily understood by the public and that the compilation is not merely ambiguous. Minor adjustments could be made to ensure that all provisions are coordinated.

· Consolidating with the appropriate Amendments: In this instance, the consolidation of statutes involves making amendments to the existing laws as well as significant changes to the original statutes. A portion of the section has been updated, new provisions have been introduced, and some existing ones have been changed.

Features

a) When construing similar sections in a consolidating statute, it is appropriate to make reference to the previous state of the law or to judicial rulings interpreting the repealed Acts because a consolidating statute is not meant to change the law.

b) An amended Act may also consolidate. The words “An Act to consolidate and amend” are typically used to denote this additional objective in the preamble or long title.

Judicial Precedent

In Galloway v. Galloway (1979), it was argued that the Matrimonial Clause Act of 1950‘s provision mentioned in Article 26 (1) only applied to legitimate children and not to illegitimate children. The court’s judge disregarded and dismissed the aforementioned interpretation. The court went on to provide a liberal interpretation, stating that in these situations the illegitimate child should also be taken into consideration. The Supreme Court ruled in the State of West Bengal v. Nipendra Nath (1965) that the definition of the law must come first and that a resource may legitimately refer to a previous state of law. It was also said that the method by which the law was created was intended to eliminate the evil that was sought.

Construction

A consolidating Act’s provisions could have their roots in many pieces of law. The relative dates of the first enactment of two such laws may be used to resolve any inconsistencies. To determine how a consolidating act should be interpreted, one must look solely at the language of the act itself, without reference to any repealed acts. The repealed enactment may be used if the consolidated Act is unable to offer clarification regarding how it should be interpreted. the assumption that similar words used in the same Act across multiple contexts are equivalent to similar words used in the same.

When it is demonstrated that several provisions where the same words appear had their genesis in various legislations, the Act at different places bearing the same meaning has no application to the Consolidating Act. Courts have studied the previous repealed Acts from which that section originated to determine the proper meaning of a section in consolidation legislation.

The issue in Director of Public Prosecutions v. Schildkamp concerned how Section 322(3) of the Companies Act of 1948 should be interpreted. Before the Consolidating Act took effect, Section 75 of the Companies Act of 1928 had this provision (3). As a result, Section 322 (3) was created in consideration of the 1928 Act’s original provisions. In General Electric Co. v. General Electric Co. Ltd (1972), the court took into account the common law then in effect as well as every preceding Act dating back to 1875 while establishing certain elements of the Trademarks Act, 1938.

Rules of Interpretation during Consolidation

Presumption

The typical assumption made by the public during the enactment of the consolidating Act is that the Parliament intends to make modifications to the currently enacted laws. Another assumption is that the language used in the Act when it is being consolidated has the same meaning as the law for which it is being consolidated.

Inconsistency

If any conflict between the laws of a Consolidating Act is discovered, it is appropriate to resort to the previously existing laws. It should be done in chronological order, starting with the day the Act was passed.

Difference Between Codifying & Consolidating Statutes

Codifying Statutes	Consolidating Statutes
A statute that combines all of the legislative provisions about a specific subject and incorporates them into a single Act of Parliament is known as a consolidating act. It is devoid of the relevant case law.	Codifying legislation attempts to incorporate both the pre-existing statutory provisions and the regulations relating to the topics in one comprehensive document that contains all of the laws on a given subject. Statutes and case law are both systematised by coding.
It outlines the entire body of statutory legislation related to the repeal of a prior statute.	It gives a concise summary of the key legal principles governing a certain issue.
Consolidating statutes should be read by standard construction rules, and any ambiguities should only be resolved by turning to repealed laws.	The standard rules of construction should be followed when interpreting a codifying Act, and in most cases, ambiguities can be resolved by turning to repealed legislation.
The main guideline for interpreting consolidated statutes is to focus solely on the language of the statute under consideration, without taking into account the repealed statutes.	The language of the act is evaluated in the context of drafting the codifying Act, although repealed statutes may not be referenced at the same time.
Previous laws are repealed.	Earlier statutes still apply.
Judgment can refer to prior State of law as well as judicial interpretations of Acts that have been repealed.	The court is not allowed to deviate from the letter of the law unless the code is unclear or silent.
There is no use for presumption.	The assumption is that the same words used in various contexts throughout the same Act would have the same meaning and apply.

Conclusion

The judicial system is provided with clarity and is ensured that the provisions provided are placed and used in their proper legal capacity by amending, consolidating, and codifying the statutes. Conclusion: Laws should be interpreted in a way that provides the greatest amount of justice for all parties. The changes that are made improve the legal provisions that have been provided to us through various codifying and combining statutes. To provide justice to people by their analysis, the legal system must keep all facets of the law in mind, make full use of the interpretation power provided to them, and establish an example for the future.

References

https://www.legalserviceindia.com/legal/article-8699-classification-of-statutes.html

https://www.ijlmh.com/wp-content/uploads/Legislative-Amendment-Consolidation-and-Codification-of-Statutes.pdf

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