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What is the 36th Amendment of the Indian Constitution?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

The 36th Amendment to the Indian Constitution 1975, brought about two key changes. Sikkim became a full-fledged state of the Indian Union, and there was no tenth Schedule. Statement of Objects and Reasons attached to the Constitution (Thirty-eighth Amendment) Bill, 1975, became the Constitution (Thirty-sixth Amendment) Act, 1975.

36th Amendment of the Indian Constitution

In 1975, the Chief Minister of Sikkim petitioned the Indian Parliament to make Sikkim a state of India. In Sikkim, a referendum was held, and 97.5 percent of the people decided to remove the monarchy. On May 16, 1975,  Sikkim became the 22nd state of the Indian Union.

Sikkim was become a full state of India by the 36th amendment to the Indian constitution, and its name was added to the First Schedule of the Constitution. Every year on May 16, the state commemorates Sikkim statehood day.

Types of Constitutional Amendments in India

Below is a list of the many kinds of amendments. The Constitution may be changed in one of three ways:

Amendments must get the approval of at least half of the state legislatures and a simple majority of the Parliament or a special majority of the Parliament.

  • Amendment by a simple majority of the Parliament
  • Amendment by a special majority of the Parliament and agreement of at least half of the state legislatures

Indian Constitution’s Amenability Scope

  • According to current legislation, the Parliament may revise any part of the Constitution, including the Basic Rights, in accordance with Article 368 without changing the Constitution’s fundamental structure.
  • However, the Supreme Court has failed to explain or define the Constitution’s fundamental structure.

Summary:

What is the 36th Amendment of the Indian Constitution?

With the 36th Amendment, two important changes took place in the Indian Constitution. What are these – The Indian Union established a full-fledged state for Sikkim, and the Tenth Schedule did not exist.

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