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Important Amendments for CLAT 2025

Important Amendments for CLAT 2025

Edited By Team Careers360 | Updated on Jun 10, 2024 05:15 PM IST | #CLAT

The Constitution of India provides for the amendment of its provisions through a specific process laid out in Article 368. An amendment in the Indian Constitution refers to any change or modification made to the original document. So through this article, lets understand some important amendments for CLAT exam.

Process of amending the Indian Constitution

The process of amending the Indian Constitution involves the following steps:

1. Proposal: An amendment can be proposed by either the Parliament or the state legislatures. If it is proposed in the Parliament, it can be initiated by either house (Lok Sabha or Rajya Sabha). In the case of a state legislature, the amendment can be initiated in either house of that particular state's legislature.

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2. Approval: Both houses of Parliament must vote in favour of the proposed amendment with a special majority. A special majority requires a two-thirds majority of the members who are present and voting, as well as a majority of at least two-thirds of the members who are present and voting, in order to pass a measure in each chamber.

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3. Ratification: Once the amendment is passed by Parliament, it must be ratified by the states. This ratification is done by the state legislatures, with a simple majority (a majority of the members present and voting). However, if the amendment seeks to make changes in certain specific areas known as "federal provisions," it requires ratification by at least half of the state legislatures.

4. Presidential Assent: Finally, after being passed by Parliament and ratified by the states (if required), the amendment needs to receive the assent of the President of India. The President's assent is mandatory, and without it, the amendment cannot become a part of the Constitution.

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Once these steps are completed, the amendment becomes part of the Indian Constitution.

List of important amendments for CLAT

When preparing for the CLAT 2025 exam, there have been several important amendments made to the Indian Constitution since its adoption in 1950. These amendments have played a critical role in shaping the structure, powers, and functions of the government, as well as in protecting the rights and liberties of the citizens of India. Here are some of the important amendments of CLAT in detail, along with case studies and a brief history of each:

1. First Amendment (1951)

The First Amendment was made to address certain judicial interpretations that challenged the scope of the powers of the state to regulate freedom of speech and expression. It introduced restrictions on free speech to ensure public order, decency, and morality. It also added new grounds for restricting freedom of expression, such as defamation, incitement to an offence, and contempt of court. The amendment was introduced in response to the Court's decision in the Romesh Thappar vs. State of Madras case (1950), where the Court struck down state legislation that curtailed freedom of speech.

2. Fourth Amendment (1955)

The Fourth Amendment sought to rectify the provisions related to property rights that were struck down in the state acquisition laws by the Supreme Court in the case of State of West Bengal vs. Bela Banerjee (1954). The amendment allowed the state to acquire private properties for public purposes but with payment of just and adequate compensation.

3. Twenty-Fourth Amendment (1971)

The Twenty-Fourth Amendment was introduced to counter the Supreme Court's decision in the Golaknath vs. State of Punjab case (1967), where the Court held that Parliament cannot amend fundamental rights provisions. This amendment clarified that Parliament has the power to amend any provision of the Constitution, including fundamental rights, and such amendments would not be subject to judicial review.

4. Forty-Second Amendment (1976)

The Forty-Second Amendment, also known as the "Mini-Constitution," made several significant changes to the Constitution. It introduced the terms "socialist" and "secular" in the preamble, increased the power of the government to make laws in the interest of public order, security, and sovereignty, and restricted the scope of judicial review. The amendment was a response to the Emergency imposed by the government from 1975 to 1977. It was heavily criticised for its authoritarian nature and was substantially amended after the emergency was lifted.

5. Seventy-Third Amendment (1992)

The Seventy-Third Amendment aimed to decentralise power and strengthen local self-government in rural areas by adding a new Part IX to the Constitution, which contains provisions for the Panchayati Raj system. This amendment provided constitutional status to Panchayats, ensuring their democratic functioning and decentralised decision-making. It sought to empower rural communities and promote grassroots democracy.

6. Ninety-Fifth Amendment (2010)

The Ninety-Fifth Amendment aimed to protect the rights of scheduled castes and scheduled tribes by introducing a new provision, Article 338B, which established a National Commission for Scheduled Tribes (NCST). The amendment enhanced the powers of the NCST and provided for its composition, functions, and responsibilities. This amendment was in response to the need for better protection and welfare of scheduled tribes in India.

These are just a few examples of the important amendments in the Indian Constitution. Each amendment has its historical context, case studies, and impacts on the legal and political landscape of India. CLAT aspirants need to study these amendments in detail to have a comprehensive understanding of the Indian Constitution and its evolution.

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103rd constitutional amendment overview:

The Economically Weaker Sections (EWS) of Society (EWS) Reservist Act, 2019, also known as the 103rd Constitutional Amendment, was passed to provide an EWS reservation in public employment and higher education institutions. The amendment is described in detail below:

1. Background: Prior to the 103rd Amendment, the Constitution guaranteed reservations for OBCs, Scheduled Tribes, and Scheduled Castes in public employment and education. In the famous Indra Sawhney v. Union of India case (1992), the Supreme Court set a limit of 50% on the total number of reservations. The 103rd Amendment aimed to provide reservation benefits to economically weaker sections, who did not fall under the existing reservation categories.

2. The 103rd Amendment added new provisions to Article 15 and Article 16 of the Constitution, introducing a reservation for EWS. Any economically underprivileged group of individuals may be given special consideration for admission to educational institutions, including private colleges that are aided or unaided and are not minority educational institutions, according to Article 15(6). The economically disadvantaged sectors were to be given preference in initial appointments or promotions in public work, according to Article 16(6).

3. Determination of EWS: The amendment designated the economically weaker sections as individuals who are not included in any other reservations and have an annual income that is lower than a certain amount, which was later decided by the state governments. The relevant state administrations and union territories were left to determine the precise requirements for income and assets.

4. Reservation Amount: The amendment does not state the precise quota or reservation percentage for EWS. The amount of reservations and the type of benefits were left up to the discretion of the state and union territory governments. There was a clause in it, too, that said reservations made following the modification couldn't account for more than 10% of available seats or open positions.

5. Issues and Validity: Detractors claim that the 103rd Amendment violates the Constitution's fundamental principles and goes above the 50% limit on reservations imposed by the Supreme Court in the Indra Sawhney case. In the case of Jarnail Singh v. Lachhmi Narain Gupta (2020), a Supreme Court Constitution Bench supported the amendment, ruling that the 50% cap on reservations can be breached in exceptional cases and to attain social justice and equality.

6. Application: Different states and union territories applied the reserve differently to the economically disadvantaged groups. Each state and union territory has established its own standards for calculating EWS assets and income, as well as the proportion of reservations in public jobs and educational institutions.

With the inclusion of reservations based on economic criteria to the already-existing reservations based on social categories, the 103rd Amendment has broadened the definition of reservation in India. The challenges of underrepresentation and lack of opportunities for economically disadvantaged groups have been addressed. However, there is still observation and discussion surrounding the efficacy and impact of this reservation scheme.

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The Mini Constitution 42nd Amendment

The 42nd Constitutional Amendment, also known as the Mini Constitution, was a significant amendment to the Indian Constitution and can be considered one of the important amendments for CLAT. It was enacted in 1976 during the emergency period. It introduced several changes that had a far-reaching impact on various aspects of governance and the balance of power between the executive and the judiciary. Here is an insight into the key provisions and consequences of the 42nd Amendment:

1. Background

The amendment was brought during the tenure of Prime Minister Indira Gandhi, when the country was under a state of emergency. The government had a strong majority in the Parliament and used this opportunity to implement several changes to consolidate power in the executive branch.

2. Strengthening the Center

One of the prominent features of the 42nd Amendment was the strengthening of the central government's authority. It enhanced the power and immunities of the Prime Minister's office and made it difficult to challenge government actions during the emergency period. It curtailed the jurisdiction of the judiciary and limited the power of the judiciary to review the executive's actions.

3. Fundamental Rights

The amendment substantially altered the provisions related to fundamental rights. It introduced the concept of "reasonable restrictions" on the exercise of fundamental rights, giving the government broader control over individual freedoms. The amendment also amended Article 31 to curtail or eliminate the right to private property.

4. Directive Principles of State Policy

The directive principles of state policy, which are non-justiciable in nature, were given precedence over fundamental rights. This meant that in case of any conflict between the two, the directive principles would prevail. It aimed to prioritise social welfare and state control over individual rights.

5. Preamble

The amendment changed the Preamble of the Constitution, which reflects the ideals and aspirations of the people of India. It emphasised the values that the state should uphold and promoted a socialist and secular worldview by adding the words "Socialist" and "Secular" to the Preamble.

6. Election Commission

The amendment altered the appointment and removal procedures for the Election Commission. It made the Chief Election Commissioner and other Election Commissioners removable by the President based on the advice of the Council of Ministers, thereby reducing their independence.

7. Other Changes

The amendment also made several other changes, including the abolition of the right to property as a fundamental right, restriction on the power of the judiciary to review constitutional amendments, restriction on the power of the President to refer bills for Supreme Court's consideration, and changes to the tenure and appointment procedures of state governors.

8. Criticism and Repeal

The 42nd Amendment was widely criticised for undermining the principles of democracy, curbing individual rights, and increasing the central government's powers. The 44th Constitutional Amendment Act of 1978 removed the 42nd Amendment after the state of emergency ended and a new administration came into power. The repeal aimed to restore the balance of powers between different organs of the state and restore the original intent of the Constitution.

While the 42nd Amendment brought significant changes to the Indian Constitution, it has been largely seen as a period of authoritarian rule, where fundamental rights and democratic principles were compromised. The repeal of the amendment highlights the importance of maintaining a balance of power and upholding the principles of democracy and individual rights.

Frequently Asked Question (FAQs)

1. What is the 102 amendment?

The 102nd Amendment Act of 2018 to the Indian Constitution, gave the National Commission for Backward Classes (NCBC) constitutional stature. Furthermore,it empowered the President to identify the socially and educationally underprivileged people in various states and union territories after conferring with the governor of that state.However, if the list of underprivileged classes is to be changed, a bill of Parliament will be needed.The change was approved by the Indian Parliament on December 19 and went into effect on January 1 of 2019. Following the 101st Amendment in 2016, it was the first constitutional amendment ratified in India.

2. What is the 105th amendment?

The 105th Amendment of the Constitution of India, officially known as the Constitution (One Hundred and Fifth Amendment) Act, 2021, restored the power of State governments to identify socially and educationally backward classes (SEBCs). In India, the State can make "special provisions" or use affirmative action for populations that fall under the SEBC category, which includes the categories often referred to as Other Backward Classes (OBCs).

Here are some of the 105th Amendment's main clauses:

  • It reinstates State governments' authority to designate SEBCs.

  • It specifies that the President may only notify the list of SEBCs for Central Government reasons.

  • Every State and Union Territory is given the option to create its own list of SEBCs, which may differ from the Central List.

  • It claims that the distinct State lists are exempt from the authority and duties of the National Commission for Backward Classes, including its mandate to be consulted on all questions of policy and its obligation to recognise SEBCs.

3. What are the 5 most important amendments?
  1. 42nd Amendment (1976)

  2. 44th Amendment (1978)

  3. 73rd Amendment (1992)

  4. 74th Amendment (1992)

  5. 102nd Amendment (2018)

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Questions related to CLAT

Have a question related to CLAT ?

Hy aspirant,

Yes, you can definitely prepare for the CLAT (Common Law Admission Test) exams through self-study.

Here are some book recommendations and tips that may help you :-

  • Legal Aptitude for the CLAT and LLB Examinations by AP Bhardwaj.
  • Objective General Knowledge" by Lucent Publication.
  • Wren & Martin High School English Grammar and Composition.

Stay updated with current events, especially those related to legal and constitutional matters.

Read newspapers like The Hindu, The Indian Express, and magazines like Pratiyogita Darpan for current affairs.

Participate in online forums and discussion groups for CLAT aspirants to clarify doubts and exchange study tips.

Hey there,

Your question is incomplete and it doesn't have proper information as you haven't mentioned name of the exam you are looking for and due to the lack of this information it is difficult to answer your question. So I will request you to share your queries with all the proper and specific detail so that we can help you with your questions.

Please send your query again with the specific details and we will be happy to assist you.

Thank you and wishing you all the best for your future.

Hello aspirant,

On July 7, 2024, the Consortium of National Law Universities (NLUs) will publish the CLAT 2025 announcement in a variety of print and digital media. The CLAT 2025 exam date was previously announced by the consortium on May 6. The notice states that the offline CLAT exam 2025 will take place on December 1. Candidates who meet the requirements and would like to participate in CLAT 2025 can register online and submit their applications at consortiumofnlus.ac.in, the official website.

For more information you can visit our website by clicking on the link given below.

https://law.careers360.com/exams/clat/amp

Thank you

Hope this information helps you.

If you remember registering for CLAT 2024, you should have received a confirmation email or message containing your application number. It might also be available on your account dashboard if you created one on the CLAT website

The admit card for CLAT 2024 (if applicable) likely won't be available yet. Admit cards are typically released a few weeks before the exam. You'll need your CLAT application number and password to download it from the official CLAT website

https://law.careers360.com/articles/clat-analysis

I hope it helps!

Hello Aspirant  , Hope your doing great . As per your query , if you get first rank in CLAT you have to pay fee in NLUS but yo may get consession but you have to  pay fee

View All

1111112=___________

Option: 1

123456654321


Option: 2

1234554321


Option: 3

123454321


Option: 4

12345654321


125 toffees cost Rs. 75, Find the cost of one million toffees if there is a discount of 40% on the selling price for this quantity.

 

Option: 1

Rs.3,00,000


Option: 2

Rs. 3,20,000


Option: 3

3,60,000


Option: 4

Rs.4,00,000


14. Find the present value (in Rs.) of Rs.3000 due after 5 years at 10% p.a. simple interest.

Option: 1

1500


Option: 2

1800


Option: 3

2000


Option: 4

2500


24. Raju took a loan at 8% per annum simple interest for a period of 5 years. At the end of five years he paid Rs.10640 to clear his loan. How much loan did he take?

Option: 1

Rs.8500


Option: 2

Rs.8000


Option: 3

Rs.7700


Option: 4

Rs.7600


'A' carelessly left an iron pole across a public road 300 m from that spot was a traffic signal indicating speed limit to be 20 kmph. B, riding a scooter at 80 kmph, noticed the protrusion from a distance, but still could not avoid it, collided with the pole and was injured. In an action by B against A.

Option: 1

B will lose as he was driving very fast


Option: 2

B will lose for some other reasons


Option: 3

B will succeed, because A was careless


Option: 4

B will succeed, because A could have avoided the mishap by putting up a warning


'A' was having a get together with his old friends and on his friend's suggestions, he consumed some alcohol. On his way back to home at night, 'A' heard some footsteps and turning back, he imagined he saw a figure moving towards him with a spear. In fact, it was only a man, 'B' with an umbrella, who was telling 'A' to walk carefully since 'A' appeared to be unsteady. However, 'A' proceeded to attack 'B' with an iron rod leading to grave injuries to 'B'. Is 'A' guilty of causing grievous hurt to 'B'?

Option: 1

No, 'A' is not guilty because in his intoxicated state, the umbrella appeared a spear to him and he exercised his right of private defence.


Option: 2

No, 'A' is not guilty because 'B' could have attacked 'A' with his umbrella


Option: 3

No, 'A' is not guilty because he was intoxicated on the suggestions of his friends and was incapable of knowing that he was savagely attacking a man, who was carrying only an umbrella


Option: 4

Yes, 'A' is guilty because he got intoxicated voluntarily and under the effect of this voluntary intoxication, he attacked and caused grievous injuries to 'B' who posed no threat to him in fart


'A"s cattle was being regularly stolen and 'A' was unable to apprehend the thief. One night, 'A' finally manages to catch 'B' untying his cow from the cowshed under the cover of darkness. 'A' slowly crept up to 'B' and slashed his neck with a sickle leading to the death of 'B' Is 'A' guilty of the offence of culpable homicide?

Option: 1

No, 'A' was only exercising his right of private defence of property


Option: 2

No, 'B' continued stealing of his cattle would have rendered his business inoperable


Option: 3

Yes, 'A' had no reasonable apprehension that 'A' could suffer any grievous hurt if he did not kill 'B'


Option: 4

Yes, 'A' should have first challenged 'B' to surrender before taking any steps to cause 'B's death


A, a 15 year old girl, having been rebuked by her mother leaves her house. At railway station she met the accused who takes her to his house. He provides her clothes, money and ornaments at his house and has sexual intercourse with the girl with her consent. What offence has been committed?

Option: 1

The mother is accused of maltreatment.


Option: 2

The accused is guilty of rape.  


Option: 3

The accused is not guilty.


Option: 4

None of the above.


A, a 15 year old girl, left her mother’s house and joined the accused because her mother has turned down the proposal of her marriage with the accused on the ground that she was too young. While she was with the accused he had sexual intercourse with her against her will. What offence has been committed?

Option: 1 None

Option: 2 None

Option: 3 None

Option: 4 None

A, a chain snatcher, forcibly pulled the ear rings from the ears of an old lady. Both the ear lobes were torn and the old lady suffered pain and suffering for over three weeks. For what offence can A be prosecuted? What offence have been committed?

Option: 1

He is guilty of theft.


Option: 2

A is guilty of voluntarily causing ‘grievous hurt’.


Option: 3

He is guilty of rash and negligent.


Option: 4

None of the above.


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