The Evolution Of Appendices In India's Constitution

The Indian Constitution has several appendices, including Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954, Appendix II – Re-statement, referring to the constitution's present text, of exceptions and modifications applicable to the state of Jammu and Kashmir, and Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978. The appendices of the Indian Constitution cover a range of topics, including the prevention of terrorist activities, the integrity of the Indian territory, and taxes on foreign travel.

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Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954

The Indian Constitution, which came into force on 26 January 1950, has several appendices, including Appendix I – The Constitution (Application to Jammu and Kashmir) Order, 1954. This particular appendix pertains to the application of the Indian Constitution to the state of Jammu and Kashmir and came into force on May 14, 1954, superseding the previous order on the subject from 1950.

One notable provision in this appendix is the requirement for the consent of the Legislature of Jammu and Kashmir for certain bills. Specifically, it states that no bill that seeks to increase or diminish the area, alter the name, or change the boundary of the state of Jammu and Kashmir shall be introduced in Parliament without the consent of the state's legislature. This provision was deemed applicable retrospectively from January 26, 1950.

Another important aspect of Appendix I is its reference to the permanent residents of Jammu and Kashmir. It defines permanent residents as those who were recognised as state subjects under the laws in force in the state before the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, or those recognised by any law made by the Legislature of the state as permanent residents. Additionally, references to the Rajpramukh are to be construed as references to the person recognised by the President as the Sadar-i-Riyasat of Jammu and Kashmir, including those recognised by the President as competent to exercise the powers of the Sadar-i-Riyasat.

Furthermore, Appendix I addresses the relationship between the laws of the State of Jammu and Kashmir and the Indian Constitution. It states that no law with respect to preventive detention made by the Legislature of Jammu and Kashmir, whether before or after the commencement of the Order, shall be void on the grounds of inconsistency with the provisions of Part I of the Indian Constitution. However, such a law shall cease to have effect if the inconsistency is not resolved within five years from the commencement of the Order.

Additionally, this appendix makes amendments to several articles of the Indian Constitution. For instance, it substitutes certain words and figures in Article 251, omits specific phrases in Article 254, and adds a proviso to Article 253. The proviso states that after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, no decision affecting the disposition of the State of Jammu and Kashmir shall be made by the Government of India without the consent of the Government of that State.

Appendix II – Re-statement of exceptions and modifications for Jammu and Kashmir

The Indian Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in Article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954. This order has been included in Appendix I for reference. Appendix II contains a re-statement of the exceptions and modifications, subject to which the Constitution applies to the State of Jammu and Kashmir.

Article 370 of the Indian Constitution granted special status to Jammu and Kashmir, a state in India located in the northern part of the Indian subcontinent. This article conferred powers on Jammu and Kashmir to have a separate constitution, a state flag, and autonomy over the internal administration of the state. The residents of Jammu and Kashmir lived under a separate set of laws compared to residents of other Indian states, including those related to citizenship, ownership of property, and fundamental rights.

The Constituent Assembly of Jammu and Kashmir was empowered to recommend the articles of the Indian Constitution that should be applied to the state or to abrogate Article 370 altogether. After consultation with the state's Constituent Assembly, the 1954 Presidential Order was issued, specifying the articles of the Indian Constitution that applied to the state. This order was later superseded by a Presidential order issued on 5 August 2019, which made all the provisions of the Indian Constitution applicable to Jammu and Kashmir.

The status of Jammu and Kashmir has been a subject of dispute between India, Pakistan, and China since the partition of India and Pakistan in 1947. There have been border skirmishes, wars, and a Pakistan-supported insurgency in the region. The revocation of the special status of Jammu and Kashmir by the Indian government in 2019 was supported by several Indian political parties, but it was opposed by others. The move was also protested by some communities in the region, while others supported it.

Appendix III – Extracts from the Constitution (Forty-fourth Amendment) Act, 1978

The Indian Constitution is the world's most frequently amended national governing document. The 44th Amendment to the Indian Constitution was introduced by the 45th Amendment Bill in 1978. The Constitution (Forty-fourth Amendment) Act, 1978, was enacted to reverse the changes made by the Indira Gandhi-led Indian National Congress during the Emergency, which was declared under Article 352.

The Statement of Objects and Reasons appended to the Constitution (Forty-fifth Amendment) Bill, 1978, outlined the following:

> The Constitution’s fundamental rights, including those of life and liberty, can be taken away by a temporary majority, as recent experience has demonstrated. As a result, proper protections must be put in place to prevent such a situation from occurring again in the future, as well as ensure that the people have a meaningful say in deciding the type of government they will live under.

The 44th Amendment Act, 1978, introduced changes to various articles of the Indian Constitution. This included amendments to Article 19 (Right to Freedom), Article 22 (Protection against arrest and detention in certain cases), Article 105 (Powers, privileges, etc. of the Houses of Parliament and of the members and committees thereof), Article 123 (Power of President to promulgate Ordinances during recess of Parliament), and Article 132 (Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases).

The Bill was debated by the Lok Sabha on 7-12 and 21-23 August 1978, and passed on 23 August. It was then considered by the Rajya Sabha on 28-31 August, before being passed on 7 December 1978, after accepting the amendments made by the Rajya Sabha. The Act received assent from President Neelam Sanjiva Reddy and was notified in The Gazette of India on 30 April 1979.

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Appendix IV – The Constitution (Eighty-sixth Amendment) Act, 2002

The Indian Constitution, which came into force on 26 January 1950, is the world's most frequently amended national governing document. Appendix IV of the Indian Constitution refers to The Constitution (Eighty-sixth Amendment) Act, 2002. This Act inserts a new article 21A, which states:

> "The State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may, by law, determine."

Additionally, the Act substitutes a new article for article 45 of the Constitution, which now states:

> "The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years."

Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003

The Indian Constitution, which came into force on 26 January 1950, is the world's most frequently amended national governing document. One of the appendices to the constitution is Appendix V – The Constitution (Eighty-eighth Amendment) Act, 2003.

This amendment addresses taxation, specifically service taxes. It outlines that taxes on services shall be levied by the Government of India and that such taxes shall be collected and appropriated by the Government of India and the States. The amendment provides a framework for the collection and appropriation of tax proceeds, stipulating that they shall be collected and appropriated by the respective governments in accordance with certain guidelines.

The Eighty-eighth Amendment Act, 2003, is part of a series of amendments to the Indian Constitution. The process of amending the constitution in India involves meeting a supermajority requirement for amendments to pass. The Constitution (Eighty-eighth Amendment) Act, 2003, is one of the more recent amendments, with the most recent being the 104th Amendment Act of 2020.

The Indian Constitution, with its numerous amendments, plays a crucial role in governing the country through a parliamentary system of government. The executive, legislative, and judicial branches of the government derive their power from the constitution and are bound by its provisions.

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