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Indian Constitution Questions & Answers

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What is Constitution 105th Amendment Bill?

May 5th, 2010 | Comment
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.

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What is Constitution 100th Amendment Bill?

May 5th, 2010 | Comment
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.

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What is Constitution 99th Amendment Bill?

May 5th, 2010 | Comment
The constitution (99th amendment) Bill sought to protect the rights of the non-tribals 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.

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What is Constitution 98th Amendment Bill?

May 5th, 2010 | Comment
The Constitution 98th amendment Bill sought to constitute a National Judicial Commission. The bill propsed to include a Chapter IV-A in Part V of the Constitution which shall be in charge of appointing judges to the higher judiciary and for transferring High Court Judges. The bill also sought to empower the National Judicial Commission to draw up a code of ethics for judges, inquire into the cases of misconduct or deviant actions of a judge other than those that are punishable with his or her removal, and advise the chief justice of India or chief justice of High Courts appropriately after such enquiry.

Current status: Lapsed

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What is Constitution (103rd Amendment) Bill, 2004?

May 4th, 2010 | Comment
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:

  1. 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.
  2. 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:

  1. 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.
  2. 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.
  3. 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.

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