Isabella Carter
The 28th Amendment to the Constitution of India, enacted in 1972, deals with the conditions of service for civil servants appointed by the Secretary of State or Secretary of State in Council to the Crown in India. It also addresses the remuneration, leave, pension, and disciplinary rights of these officers. In the United States, there is currently no 28th Amendment, but proposals for one include ideas such as guaranteeing equitable education, providing universal healthcare, abolishing the Electoral College, and addressing gun violence.
| Characteristics | Values |
|---|---|
| Year | 1972 |
| Country | India |
| Article | 314 |
| Purpose | Amend the Constitution of India |
| Focus | Civil service appointments and conditions |
| Specifics | Removal of Article 314, insertion of Article 312A |
| Scope | Vary or revoke conditions of service, remuneration, leave, pension, disciplinary matters |
| Student Proposals | Electoral reform, living wages, equitable schools, healthcare access, gun control |
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What You'll Learn
Proposed 28th Amendment to the US Constitution
There are several proposals for the 28th Amendment to the US Constitution. One proposal, supported by American Promise, is the For Our Freedom Amendment, which aims to limit campaign contributions and reduce the influence of big money in politics. This amendment is intended to restore democracy and ensure that Congress and the American people can set reasonable limits on campaign spending. This proposal has gained support from citizens across the political spectrum.
Another proposal for the 28th Amendment is the Right to Safety Amendment, suggested by California Governor Gavin Newsom. This amendment seeks to address America's gun violence crisis by implementing four fundamental and broadly supported gun safety measures. These include raising the federal minimum age to purchase a firearm from 18 to 21, mandating universal background checks, and instituting a reasonable waiting period for gun purchases. Governor Newsom emphasizes that this amendment respects the Second Amendment and America's gun-owning tradition while aiming to reduce gun violence.
Additionally, there is a proposed 28th Amendment that focuses on equal rights for men and women, also known as the Equal Rights Amendment. This amendment aims to guarantee all Americans equal rights and protections under the law, regardless of their sex. As of January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify this amendment, and it is recognized by President Joe Biden and legal scholars as part of the Constitution.
Furthermore, there is a proposed 28th Amendment that addresses the privileges and exemptions enjoyed by members of Congress. This amendment suggests that Congress shall be subject to the same laws and regulations as ordinary citizens, including participation in Social Security and the requirement to purchase their own retirement plans. It also aims to eliminate perks such as full pay retirement after a single term and exemptions from student loan payments for Congress members' children and staffers' family members.
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The 28th Amendment Act of 1972
The Act deals with the Secretary of State or the Secretary of State in Council to a civil service appointed by the Crown in India. Specifically, it addresses the conditions of service and rights of persons appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India who continued to serve under the Government of India or a State after the commencement of the Constitution.
Article 314 of the Constitution guaranteed these individuals the same conditions of service regarding remuneration, leave, and pension, as well as the same rights in disciplinary matters as they were entitled to before the commencement of the Constitution. However, with the changing social order, the concept of a class of officers with immutable conditions of service was considered incompatible.
Therefore, the 28th Amendment Act of 1972 provided for the deletion of Article 314 and the insertion of a new article, Article 312A. This new article confers powers on Parliament to vary or revoke the conditions of service, including remuneration, leave, and pension, as well as rights regarding disciplinary matters, for the aforementioned officers. The Act also includes consequential and incidental provisions to facilitate these changes.
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Removal of privileges of rulers of former Indian states
The 28th Amendment of the Indian Constitution was enacted in 1972 and dealt with the secretary of state or the secretary of state-in-council appointed to a civil service position by the Crown in India.
The removal of privileges of rulers of former Indian states was enacted a year earlier, in 1971, as the 26th Amendment. This amendment repealed Articles 291 and 362, which had protected the rights, privileges, titles, and dignities of the rulers of princely states who joined India after independence. The repeal of these articles meant that former rulers could no longer legally claim their royal titles or status, and that the government no longer had to honour the guarantees made to rulers under their accession agreements.
The 26th Amendment was a move towards egalitarianism, ensuring that all citizens were treated equally without special privileges for former rulers. It was also connected to the abolishment of privy purses, or payments to former rulers, which were seen as incompatible with an egalitarian social order. The amendment inserted a new article, 363A, which expressly terminated the recognition of these rulers and abolished their privy purses, extinguishing all rights, liabilities, and obligations in respect of privy purses.
The 26th Amendment was implemented after a two-year legal battle, with some former rulers continuing to receive privy purses for life if they had held ruling powers before 1947.
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Insertion of new article 312A
The 28th Amendment to the Constitution of India, enacted in 1972, introduced a new article 312A. This amendment addresses the conditions of service for individuals who were previously appointed by the Secretary of State or the Secretary of State in Council to a civil service position under the Crown in India.
Article 314 of the original Constitution guaranteed specific rights and protections for these civil servants, including immutable conditions of service regarding remuneration, leave, pension, and disciplinary matters. However, with the changing social order, the concept of an immutable class of officers became incompatible.
As a result, Amendment 28 seeks to delete Article 314 and introduce a new article 312A, which confers powers on Parliament to vary or revoke the conditions of service for these officers. This includes the power to make changes to their remuneration, leave, pension, and disciplinary rights.
The new article 312A also addresses the rights of individuals who retired or ceased to be in service before the commencement of the 28th Amendment. It grants Parliament the authority to vary or revoke the conditions of their service retrospectively, specifically regarding their pensions.
In summary, the insertion of new article 312A through the 28th Amendment to the Constitution of India empowers Parliament to make changes to the conditions of service for a specific group of civil servants, ensuring that the conditions can be adapted to fit the evolving social order.
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Student proposals for the 28th Amendment
Students from across the United States have proposed several ideas for a potential 28th Amendment to the Constitution. These proposals were presented in the form of skits and songs by fourth and fifth graders from Philadelphia and its surrounding areas. The contest was organised by the Rendell Center for Civics and Civic Engagement, with the finals sponsored by the Rendell Center, the Constitution Center, and the Annenberg Public Policy Center.
One proposal suggests guaranteeing that all schools are equitable, eliminating disparities in resources and opportunities between rich and poor districts. Another proposal advocates for the right to free healthcare for all, or at least pay-what-you-can healthcare coverage. A third proposal calls for the abolition of the Electoral College. Addressing gun violence by limiting gun possession to individuals who need them for military and hunting purposes is another idea put forth by the students.
Other notable suggestions include protecting the right to vote, ensuring living wages for all, and implementing electoral reforms for fair and just elections. The proposed reforms include term limits for various government positions and proportional representation for electors in each state, matching popular vote percentages.
While these ideas come from young students, they reflect a thoughtful engagement with the Constitution and a desire to see changes that promote equity, fairness, and justice in various aspects of American society.
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Frequently asked questions
Amendment 28 of the Indian Constitution, enacted in 1972, deals with the conditions of service for civil servants appointed by the Secretary of State or Secretary of State in Council to the Crown in India.
The amendment abolishes the concept of a class of officers with immutable conditions of service, giving Parliament the power to vary or revoke the conditions of service for said officers.
The Constitution (Twenty-eighth Amendment) Act, 1972.
Some proposals for the 28th Amendment to the US Constitution include guaranteeing equitable schools, providing the option of free healthcare, abolishing the Electoral College, and addressing gun violence.
The proposed 28th Amendment states that "Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States."
