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Summary of Article 105 Amendments
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Article 105(3) Amendments - The amendments made in Article 105(3) by the 42nd and 44th Constitutional Amendments primarily relate to the powers and immunities of Members of Parliament (MPs). These amendments clarified and expanded the scope of parliamentary privileges, including immunity from court proceedings in certain cases, and are designed to ensure the smooth functioning of Parliament while balancing judicial review UNION OF INDIA Vs M.A.VARGHESE - Kerala, Kalpana Mehta VS Union of India - Supreme Court, P. Sudhir Kumar VS A. P. Legislative Assembly - Andhra Pradesh.
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Inclusion of Reservation Provisions - The insertion of Article 16(4-A) and 16(4-B) post-77th and 85th Amendments aimed to provide reservation in promotions for socially and educationally backward classes, aligning with the principles established in Nagaraj's case. These amendments specify that reservation in promotions is limited to backward classes referred to in Articles 15(4) and 16(4), emphasizing the constitutional validity of affirmative action measures UNION OF INDIA Vs M.A.VARGHESE - Kerala.
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Legal Interpretations and Judicial Review - Several sources discuss the scope of judicial review concerning amendments to Articles 105 and 194, highlighting that certain amendments are protected under constitutional provisions and that amendments like those to Article 105(3) have been interpreted to uphold parliamentary privileges without infringing on fundamental rights Raja Ram Pal VS Hon’ble Speaker, Lok Sabha - Supreme Court, P. Sudhir Kumar VS A. P. Legislative Assembly - Andhra Pradesh.
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Related Constitutional Provisions and Amendments - The amendments to Articles 105 and 194 are discussed in the context of broader constitutional changes, including the adaptation orders under Article 372(2) and the impact of the 42nd and 44th Amendments on legislative powers and immunities. These amendments collectively reinforce the constitutional framework governing parliamentary privileges UNION OF INDIA Vs M.A.VARGHESE - Kerala, Kalpana Mehta VS Union of India - Supreme Court.
Analysis and Conclusion
The Article 105 amendments, especially those introduced via the 42nd and 44th Amendments, significantly clarified the scope of parliamentary privileges, immunities, and legislative powers. They ensure the independence of Parliament while maintaining constitutional checks and balances. Additionally, amendments related to reservation policies (Articles 16(4-A) and 16(4-B)) affirm the constitutional commitment to affirmative action, with judicial interpretations supporting their validity. Overall, these amendments reinforce the constitutional structure, balancing parliamentary sovereignty with individual rights and social justice considerations.
References: - UNION OF INDIA Vs M.A.VARGHESE - Kerala - Raja Ram Pal VS Hon’ble Speaker, Lok Sabha - Supreme Court - Kalpana Mehta VS Union of India - Supreme Court - P. Sudhir Kumar VS A. P. Legislative Assembly - Andhra Pradesh
Search Results for "Article 105 Amendments"
2018 Supreme(Online)(KER) 33626 • India - High Court of Kerala
C.T.RAVIKUMAR, A.M.BABU, JJ
105, 107, 118, 144, 145 & 175 of 2017 15 Article 16 (4-A) and 16(4-B) had been inserted. ... The raison d'etre for the said remark is that after the insertion of Article 16(4) of the Constitution of India and the 77th and 85th amendments brought to it and in view of the decision in Nagaraj's case (supra) the availability of power to provide for reservation in the matter of promotion, ... 16(4) is limited to the socially and educationally backward classes referred to in Article 15(4) and Articl....
2007 1 Supreme 245 • India - Supreme Court
Y. K. SABHARWAL, K. G. BALAKRISHNAN, C. K. THAKKER, R. V. RAVEENDRAN, D. K. JAIN
For the present, it may only be noticed that sub-Article (1) of Article 105 and Article 194 respectively confers on the Members of ... 105, and the main immunity against court proceedings in clause (2) of Article 105. ... Thus, we find that Article 19(1)(g) cannot prevent the reading of power of expulsion under Article 105(3). ... These amendments have no relevance for determining the interpretati....
2018 5 Supreme 545 • India - Supreme Court
DIPAK MISRA, A. K. SIKRI, A. M. KHANWILKAR, D. Y. CHANDRACHUD, ASHOK BHUSHAN
105 distinct from Article 19(1)(a) – Article 105 of the Constitution in respect of Parliament is read mutatis mutandis with Article ... 372(2) – Adaptation Order of 1950 – Has the force of law and is continued with full force – Amendments ... (Para 81) ... (l) Constitution of India – Article ... Two amendments were made in Article 105 sub-clause (3) i.e. by Constitution (Forty Second and Forty Fourth Amen....
1989 0 Supreme(AP) 199 • India - Andhra Pradesh
UPENDRA LAL WAGHRAY, YOGESHWAR DAYAL
The amendments cover the similar provision regarding Parliament viz. , Art. 105 (3 ). ... "clause (3) of Art. 194 has been subject matter of amendments by 42nd and 44th Amendment Acts. The amendment of this Article by 42nd Amendment act was not brought into force till 44th Amendment Act was enforced. ... The Conference unanimously adopted a resolution expressing its view that suitable amendments to articles #HL_STA....
2019 0 Supreme(Del) 1165 • India - Delhi
RAJENDRA MENON, V.KAMESWAR RAO
ICADR - Challenge to New Delhi International Arbitration Centre Ordinance, 2019 - [Article 123, Article 213] - The court discussed ... Ratio Decidendi: The court discussed the power of the President and Governor to promulgate ordinances under Article 123 and ... Article 213, the limited scope of judicial review in such matters, and the need to balance urgency with the examination of legality ... ... 105.13 The satisfaction of the President Under Article 123 and of the Governor Under ....
2008 0 Supreme(Gau) 214 • India - Gauhati
J.CHELAMESWAR, RANJAN GOGOI, AMITAVA ROY, I.A.ANSARI, BROJENDRA PRASAD KATAKEY
Whether the President's proclamation under Article 356 was justified. Ratio Decidendi: 1. ... The Supreme Court of India ruled on the legality of a Presidential proclamation issued under Article 356 of the Constitution of ... The Court also upheld the President's proclamation under Article 356, finding that it was based on relevant considerations and was ... 105(1) and Article 194(1)]. ... 99 or, as the case may be, Article 188. ... The Supreme Court also recognized in (In re, Under #H....
1990 0 Supreme(Raj) 754 • India - Rajasthan
M.R.CALLA
calling for an option for one district was contrary to the scheme of the Rules and resulted in discrimination and violation of Articles ... calling for an option for one district was contrary to the scheme of the Rules and resulted in discrimination and violation of Articles ... calling for an option for one district was contrary to the scheme of the Rules and resulted in discrimination and violation of Articles ... In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, th....
2014 0 Supreme(Kar) 948 • India - Karnataka
B.V.NAGARATHNA
II (Sales Tax) and the taxable event therein is transfer of property in goods or any of the nature of transactions stipulated in Article ... Hence, in the instant case, by virtue of the insertions of clauses (zzzzv) and (zzzzw) to sub-section (105) of Section 65 of the ... The aforesaid amendments have been made pursuant to Article 246 of the Constitution, which relates to the subject matter of laws, which could be made by the Parliament and by the Legislatures of State. ... Articles 248 and 246(1) of t....
2010 0 Supreme(All) 3715 • India - Allahabad
SABHAJEET YADAV, S.K.SINGH
Constitution of India, 1950—Articles 16(4) and 309—U.P. ... Government Servant Seniority Rules, 1991—Rule 8-A (inserted by Third Amendment Rules, 2007)—Promotion—Seniority—Inter-se seniority—Entitlement ... ... 105. Applying the above tests to the present case, there is no violation of the basic structure by any of the impugned amendments, including the Constitution (Eighty-Second) Amendment Act, 2000. The constitutional limitation under Article 335 is relaxed and not obliterated. .......
2009 0 Supreme(Mad) 1612 • India - Madras
B.RAJENDRAN, A.KULASEKARAN
Service Tax - Hire Purchase and Leasing Transactions - Section 65(12) of Finance Act - Article 366(29A) - Entry 54 of List II ... It held that the levy of service tax on hire purchase/leasing transactions is not contrary to Article 265 and 366(29A) of Entry 54 ... court rejected the contention that the levy of service tax on hire purchase/leasing transactions is ultra vires the provisions of Article ... The subsequent amendments made in the Finance Act, 1994, Section 65 (105) (zm) was introduced which d....
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