Eleanor Finch
The 46th Amendment to the Indian Constitution, carried out in 1982, gave state governments the power to find loopholes in laws and realize sales tax dues. The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments since its enactment in 1950. Amendments to the Indian Constitution are required to address a wide range of issues that would be addressed by statute in other democracies. There are three types of amendments to the Indian Constitution, the second and third of which are governed by Article 368. Meanwhile, in the state of Montana, C-46 was introduced as House Bill 244 in 2019 and amended the state constitution's initiative and referendum process, signature-gathering requirements, and constitutional amendment requirements.
| Characteristics | Values |
|---|---|
| Name | The proposal is called the "Right to Vote Amendment" |
| Purpose | To establish a fundamental right to vote for US citizens |
| Key Provisions | Guarantees the right of all US citizens to vote, prohibits states from denying or abridging this right, and empowers Congress to enforce this article by appropriate legislation |
| Status | As of 2023, it has not been adopted |
| Impact | Seeks to enhance voter access and protect the voting rights of all eligible citizens |
| Supporters | Supported by voting rights advocates and civil rights organizations |
| Opposition | Opponents argue that it could lead to federal overreach and diminish states' rights |
| Key Dates | First proposed in 2020 in the wake of voting rights controversies |
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What You'll Learn
Constitutional amendment requirements
The requirements for amending a constitution vary from country to country. In this case, Amendment 46 refers to either the 46th Amendment to the Constitution of India or Montana C-46, an amendment to the Montana State Constitution.
The Indian Constitution is the most amended national constitution in the world. As of July 2025, there have been 106 amendments since the constitution was first enacted in 1950, with amendments occurring roughly twice a year. The Constitution is detailed in spelling out governmental powers, and as a result, many matters that would be addressed by statute in other democracies must be addressed via constitutional amendment in India.
There are three types of amendments to the Indian Constitution, of which the second and third types are governed by Article 368. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures.
Montana C-46, introduced as House Bill 244 on January 18, 2019, amended Section 9 of Article XIV of the Montana State Constitution. This amendment did not alter existing initiative signature distribution requirements but amended the constitutional language to match the existing requirements for initiated constitutional amendments. For an initiated constitutional amendment in Montana, proponents must collect signatures equal to 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. The amendment must be adopted by an affirmative vote of two-thirds of all members of the legislature.
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Signature distribution requirements
The 46th Amendment, carried out in 1982, gave the state governments of India the power to find loopholes in laws and realise sales tax dues.
In the state of Montana, C-46 (also known as Constitutional Amendment 46) is an Initiated Amendment Distribution Requirements Measure that was introduced as House Bill 244 on January 18, 2019, by Representative Steve Gunderson. This amendment did not alter existing initiative signature distribution requirements but amended the constitutional language to match the existing signature distribution requirements for initiated constitutional amendments.
For an initiated constitutional amendment in Montana, proponents must collect signatures equal to 10% of the qualified electors in each of two-fifths (40) of the state's 100 legislative districts. A distribution requirement is a statutory or constitutional mandate that requires petitions for a ballot measure or candidate nomination to be signed by voters from different political subdivisions. This ensures that the ballot measure or candidate qualifies for the ballot.
C-46 amended Section 9 of Article XIV of the Montana State Constitution, which outlines the process for proposing constitutional amendments by initiative. Petitions must include the full text of the proposed amendment and be signed by at least 10% of the qualified electors in the state, including at least 10% of qualified electors in each legislative district. If the petitions are found to have the required number of signatures, the secretary of state shall cause the amendment to be published twice each month for two months before the next regular statewide election.
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Ballot initiative distribution requirement
The ballot initiative distribution requirement, also known as Montana C-46, was a 2020 measure that amended the state's constitution. This amendment did not alter existing initiative signature distribution requirements but amended the constitutional language to match the existing signature distribution requirements for initiated constitutional amendments.
For an initiated constitutional amendment in Montana, proponents must collect signatures equal to 10% of qualified electors in each of two-fifths (40) of the state's 100 legislative districts. This is known as a distribution requirement, which is a statutory or constitutional mandate that requires petitions for a ballot measure or candidate nomination to be signed by voters from different political subdivisions.
C-46 amended Section 9 of Article XIV of the Montana State Constitution, which allows people to propose constitutional amendments by initiative. Petitions must include the full text of the proposed amendment and be signed by at least 10% of qualified state electors. These petitions are then filed with the secretary of state, who will publish the amendment as provided by law twice each month for two months before the next regular statewide election, provided that the petitions have been signed by the required number of electors.
The ballot initiative distribution requirement, C-46, was introduced as House Bill 244 on January 18, 2019, by Representative Steve Gunderson. The House passed the bill with a vote of 61 to 38, and it later passed in the Senate on April 3, 2019, with a vote of 46-3.
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Power to find loopholes in laws
The 46th Amendment to the Indian Constitution, carried out in 1982, gave state governments the power to find loopholes in laws and realise sales tax dues.
The Indian Constitution is the most amended national constitution globally, with 106 amendments since its enactment in 1950. The Constitution is amended approximately twice a year due to the detailed outline of governmental powers, which requires many matters addressed by statute in other democracies to be addressed via constitutional amendment in India.
There are three types of amendments to the Indian Constitution. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment requires a prescribed "special majority" in each house of Parliament, and the third type of amendment must be passed by a "special majority" in both houses of Parliament and ratified by at least half of the State Legislatures.
Amendments C-37 and C-38 in 2002, which were similar to Amendment C-46, attempted to change the basis for the ballot initiative distribution requirement in Montana from legislative districts to counties. However, these amendments were deemed unconstitutional by a U.S. District Court on equal protection grounds.
C-46, the Initiated Amendment Distribution Requirements Measure, amended the Montana State Constitution in 2020. It amended Section 9 of Article XIV, which allowed people to propose constitutional amendments by initiative. This required petitions to be signed by at least 10% of the qualified electors in the state, including at least 10% in each of two-fifths of the state's legislative districts.
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Sales tax dues
The 46th Amendment to the Indian Constitution, carried out in 1982, empowered state governments to identify loopholes in laws and realise sales tax dues.
Before the 16th Amendment to the US Constitution, most federal revenue came from tariffs rather than taxes, although Congress had often imposed excise taxes on various goods. The Revenue Act of 1861 introduced the first federal income tax, but it was repealed in 1872. During the late 19th century, various groups, including the Populist Party, favoured the establishment of a progressive income tax at the federal level. In 1894, Congress passed the Wilson-Gorman Tariff Act, which included a 2% income tax on incomes over $4,000 (equivalent to $135,951.63 in 2022 USD). In 1895, the Supreme Court ruled in Pollock v. Farmers' Loan & Trust Co. that Congress could only impose a tax on incomes derived from property by apportioning the sum among the states according to population. For several years after this decision, Congress did not attempt to implement another income tax, partly due to concerns that the Supreme Court would strike it down.
In 1909, during the debate over the Payne-Aldrich Tariff Act, President William Howard Taft proposed a 2% federal income tax on corporations. Congress proposed the 16th Amendment to the states, which was ratified by the requisite number of states on February 3, 1913, and took effect on February 25, 1913. The amendment overruled the Supreme Court's ruling in Pollock, allowing Congress to levy an income tax without apportioning it among the states on the basis of population. Shortly after the amendment was ratified, Congress imposed a federal income tax with the Revenue Act of 1913. The Supreme Court upheld this income tax in the 1916 case of Brushaber v. Union Pacific Railroad Co., and the federal government has continued to levy an income tax since then.
The 16th Amendment states: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." This amendment had a significant long-term impact on how the federal government received funding for its works. Critics argue that it enables expansive federal government spending and facilitates central banking policies.
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Frequently asked questions
The 46th Amendment, carried out in 1982, gave state power to find loopholes in laws and realize sales tax dues.
There are three types of amendments to the Constitution of India. The first type must be passed by a simple majority in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" in each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures.
Montana C-46, or House Bill 244, was introduced on January 18, 2019, by Rep. Steve Gunderson (R-1). It amended Section 9 of Article XIV of the State Constitution, which amended constitutional language to match existing signature distribution requirements for initiated constitutional amendments.
