ISSN: 2456–4397 RNI No.  UPBIL/2016/68067 VOL.- VII , ISSUE- VI September  - 2022
Anthology The Research
Constitutional Amendments: Study of Present Situation
Paper Id :  16387   Submission Date :  2022-09-06   Acceptance Date :  2022-09-18   Publication Date :  2022-09-24
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Chandra Jeet Singh
Associate Professor
Dept. Of Law
Government Law College
Kota,Rajasthan, India
Abstract
Governments honestly implement the provisions of the Indian constitution. Amendments of the constitution should not be made for political benefits; it should be made for the national policy. National policy and scheme should not be part of the political party, because political party will do work for personal interest. Therefore in such conditions nation will not progress continuously. Seats of parliament should be increased from 545 to 2000 according to Indian population so that maximum intellectual persons of the nation become part of the parliament and can do work in interest of nation and concept of preamble may be achieved Unreasonable and against human being words should be removed from the constitution so that equality and harmony may be brought in the society.
Keywords Amendments, National Policy, Constitution Protection, Descrimation, Intellectual Person Parliament, Personal Interest.
Introduction
For writing of this article, we have to analyze of the Preamble of the Indian Constitution. Preamble provides us valuable features of healthy nation like, we, the people of India. Sovereign state, socialist, democratic, secular, republic, all characters should be maintained by the government. Preamble indicates that India to be a sovereign, socialist, secular, democratic republic and to maintain of all features amendments have been made by the governments. The preamble basically gives us ideas of the following things:- 1-sources of the constitution 2-nature of Indian state 3-statements of its objectives 4- Date of its adoption In this article we will study of the few amendments, and will try to find out .what our government/ peoples are doing work, properly. What are we maintaining the objectives of the Indian constitution. Preamble give us basic principle to maintain justice,, liberty, equality, to all citizens and promote fraternity to maintain unity and integrity of the nation. It is the main objects of the constitution. In this article we will discuss various amendments related to various issues and will try to find out that government/ peoples are maintain the basic objects of the preamble or not?
Objective of study
1. The main object of this article to know procedure of amendment and criteria. 2. What Indian constitution is a amendable or not and reasons behind to it. 3. Why 105 constitutional amendments were made by the parliament during 75 years. 4. What we have achieved the main theme of the preamble of the constitution.
Review of Literature

1. The Constitution 100th amendments2015 was analyzed in this paper and 119th amendment is also to be discussed both amendments result to assent of India president in matter of land boundary agreement between India and Bangladesh.

2. Constitution is a Living Document 2022- Chapter 9th this book was discussed to know that during 69 years, implementation of the provisions of Indian constitution was proper or not and role of the Indian constitution to run the nation. In this chapter it was discussed. What   amendments may be made in Indian constitution according to requirements? What was role of the judiciary to protect the basic structure of the constitution? Second question is why 105 amendments were made during 75 years? during 1970 to 1990 it means in 2 decades  10 amendments were done by the government, but in 3years during 1974 to1776 again 10 amendments were made .again 2001 to 2003 this period was very crucial because during this 3 years 10 constitutional amendments were made . in this chapter it was discussed that constitutional amendments were made according demand of time.

3. The constitution of India as on 1st April 2019—government of India ministry of law and justice legislative department page 19 related to amendment. Article 368 explains to power of parliament to amend the constitution. An amendment of the constitution  may be made by initiated only by the introduction of a bill for the purpose in either house of parliament.24th amendment act 1971 and 101 amendment act 2016 was discussed in this book.

4. 105th  constitutional amendment act 2021 was discussed it was related to restored the power of a state government to recognize  socially and  educationally backward classes , bill citation no. 124 of 2021

Main Text

Analysis of  few Amendments

Preamble is part of the Indian constitution; therefore without discussion in court not any issue may be decided. In this article we discuss some cases that were in light of preamble as following:-

1-Berubari Case-  In this case Supreme court  stated  that Preamble  is the basic instrument to open the mind of the  makers ,but it cannot  be  enforced, directly because it is not basic part of the Constitution

2- Again In Case of Kesavanand Bharti, the bench of 13 judges decided that Preamble of the Indian constitution to be considered as part of the Indian Constitution, but is not supreme. It is important in the interpretation of statues and provisions of the Constitution.

3-again in 1995 in case of UNION GOVERNMENT Vs LIC OF INDIA Supreme Court has held that Preamble is the integral part of the constitution, but it cannot be directly enforceable in a court of justice in India. Therefore we can say that 42nd amendment act 1976 was very important to maintain the status of the Preamble of the constitution. Through 42nd amendment act 1976 socialist and secular were added between sovereign and democratic and unity of the nation changed to unity and integrity of the nation. The first amendment was made on1951 in this amendment added some provisions to enhance status of socially and educational backward classes and for the ST / SC, The government wants to provide them fully constitutional security. Schedule 9th was also introduced for providing constitutional guarantee against contrary laws.  Zamindari is also abolished and some reasonable restrictions’ were also imposed on freedom of speech. Definitely this amendment was brought changes in the country. But today we see that most of the political parties are following the rituals of ancient. The status of sc/ st and others who are really social and educational back words could not achieved 40% advantage of the abovementioned amendments, because many of caste like bhil, luhar ,   Satie etc. are not taking advantage of the policy of  government according to 51 amendment of the constitution, number of cases are coming of inequality, therefore we have to  collect data and research on this issue. Second amendment was made on 1 may 1953 in article 81(1)b for removing upper population limit for  parliamentary constitution. 3rd was made in 22 Feb. 1955.4th was very important it was made on 27 April 1955 for restriction on property rights and it was inserted in 9th schedule of the constitution. This was remarkable amendments because it creates insecurity in public. Right to property should be part of the person without consent of the family members only on the name of national interest should not be handed over in hand of the government, because it was used as tool to disturb person who is not in favor of the political party. Once property is allotted to any citizen of India by the government, it should not be freeze by the   government without willful consent and to make pressure on the person. Layman cannot fight against the government; therefore provision of right to property should be restored in favor of the public. The next 5th amendment was made on24 dec.1955 in this amendment the president was more empowered in matter of formation of new states and alteration of areas.6th amendment was made on 11sep.1956 related to tax issues. 7th amendment was made on 1november1956, 8th amendment was made on 5january 1960 it was very important because in this amendment time period of reservation for scheduled castes and scheduled tribes was extended. Here we have to think and will have to rethink by the government that what actual persons are taking benefits of this reservation policy, there social and educational status uplifted by this policy or not .political parties one side saying that without work, free benefit scheme should not be part of the political agenda because this policy one day may destroy the strong democracy of India, therefore before taking any decision in interest of any caste/ community. Government collects required data.  After observing all facts, if they found that the policy is in interest of the nation than definitely should be introduced otherwise not to be used only for increased voting percentage of the particular party.  The main object of the Indian constitution and its preamble is build a stable and integrated nation and to maintain sovereignty of the nation. Therefore each and every amendment should be based on national interest.   11th amendment is related to reform of election process of the vice-president. It is a best amendment to establish democracy and transparany.15th amendment is related   to raise retirement age of high court judge from 60 to 62. In this amendment government rethink that one government servant will retire at the age of 60 and other at the age of 62. I think on this matter a universal policy should be adopted in whole nation, because it is against the article 14 of the constitution. We should not make discrimination on basis of state and service category. Social and economic requirement of all servants are same. 31st amendments were on 17 october1973 .In this amendment Parliament seats increased from 525 to 545.  Maximum participation of public, how can we involve in Indian politics. We shall have to think on this matter, because our country populations and ratio of parliament seats are right or not, we have to work again. 42nd was made in 1977,in this amendment  basic structure, fundamental rights, and fundamental duties  were discussed and supreme court decided  that  basic structure should be maintained in each condition, Minerva  mill versus  union of India. According to this amendment it is big question before us that parliament and court conflicts on this issues is also continue. What meaning of basic structure cannot be defined by jurist of the nation? On name of fundamental rights and duties political parties are not making differences among the peoples. On name of castes, religion and other grounds we are interpreting the provisions of the constitution. Article 14 and 21 providing equality and right to liberty, but in practical. Government and court are not able to do so, because many bye laws and amendments provisions had been made to take advantages of vote banks. After spent of 75 years of independent day our central as well as states governments are facing problems of cast factor, religion factor, and territory factor. Society is divided in all abovementioned factors. We have to rethink that this was not proper preamble of the Indian constitution. Because the concept of we the people, of the people, by the people are not maintaining in proper ways. Here one of the people  is taking advantages of the government  schemes/ reservation policy ,whether he/she is already a  prosperous and rich man other side a poor man is waiting for two time meals  but he is not eligible to take  benefits of the same. It is big question before the government. Whenever government will face any fighting against the any nation likewise china and other state. What all communities will support you or not. Many amendments near about 105 have been made in the Indian constitution but the main objects of the constitution and preamble could not be achieved, we could not develop harmony in the various cast based societies and could not remove jealous and hate from the nation. 

Conclusion
Today we are seeing many cases against of dalits , minorities are happening in the nation, because governments never try to remove such words from the constitution. Such word creates inferioty in mind of peoples and is against the article 21 of the constitution. Because the main objects were of the Indian constitution that no one should be dalit and poor in the nation.
Suggestions for the future Study 1. Governments honestly implement the provisions of the Indian constitution.
2. Amendments of the constitution should not be made for political benefits, it should be made to make base of the national policy.
3. National policy and scheme should not be part of the political party, because political party will do work for personal interest. Therefore in such conditions nation will not progress continuously.
4. seats of parliament should be increased from 545 to 2000 according to Indian population so that maximum intellectual persons of the nation become part of the parliament and can do work in interest of nation and concept of preamble may be achieved
5. Unreasonable and against human being words should be removed from the constitution so that equality and harmony may be brought in the society.
References
1. ANSON W.R. LAW and custom of the Indian constitution, oxford 1935. 2. Basu D.D. constitution protection of civil rights in India. Journal of the international commission of jurist, vol.1 no.2 3. https;//www.drishtiias.com/com/tothe-points/paper2/major- constitution-amendments part- 4. Maratha reservation case etc. 5. constitution; amended it stands? Law reveiw2008 by S.k. Guha 6. Constitution is a living document 2022 chapter9 pages196 to198 7. http;//ncert .nic .in 8. http://en.m.wikipedia.org>wiki
Endnote
1.Subs. by the constitution 42nd amendments act 1976sec. 2 for sovereign, democratic republic, unity of the nation.