to property from the list of Fundamental Rights would not affect the right of minorities to
establish and administer educational institutions of their choice. Article 352 of the Constitution
was amended to provide “armed rebellion” as one of the circumstances for declaration of
emergency. Internal disturbance not amounting to armed rebellion would not be a ground for the
issuance of a Proclamation. The right to personal liberty as contained in Articles 21 and 22 is
further strengthened by the provision that a law for preventive detention cannot authorise, in any
case, detention for a longer period than two months unless an Advisory Board has reported that
there is sufficient cause for such detention. The additional safeguard has also been provided by
the requirements that Chairman of an Advisory Board shall be a serving Judge of the appropriate
High Court and that the Board shall be constituted in accordance with the recommendations of
the Chief Justice of that High Court.
With a view to avoid delays, Articles 132 and 134 were amended and a new Article 134A
was inserted to provide that a High Court should consider the question of granting a certificate
for appeal to Supreme Court immediately after the delivery of the judgement, final order or
sentence concerned on the basis of an oral application by a party or, if the High Court deems it so
to do, on its own. The other amendments made by the Act are mainly for removing or correcting
the distortions which came into the Constitution by reason of the amendment initiated during the
period of internal emergency.
45. The Constitution (Forty-fifth Amendment) Act, 1980—This was passed to extend
safeguards in respect of reservation of seats in Parliament and State Assemblies for Scheduled
Castes, Scheduled Tribes as well as for Anglo-Indians for a further period of ten years.
46. The Constitution (Forty-sixth Amendment) Act, 1982—Article 269 was amended so that
the tax levied on the consignment of goods in the course of inter-state or commerce shall be
assigned to the states. This Article was also amended to enable Parliament to formulate by law
principle for determining when a consignment of goods takes place in the course of inter-state
trade or commerce. A new entry 92B was also inserted in the Union List to enable the levy of tax
on the consignment of goods where such consignment takes place in the course of inter-state
trade or commerce.
Clause (3) of Article 286 was amended to enable Parliament to specify, by law, restrictions
and conditions in regard to the system of levy rates and other incidence of tax on the transfer of
goods involved in the execution of a works contract, on the delivery of goods on hire-purchase or
any system of payment of instalments, etc.
Article 366 was also suitably amended to insert a definition of “tax on the sale or purchase
of goods” to include transfer for consideration of controlled commodities, transfer of property in
goods involved in the execution of a works contract, delivery of goods on hire-purchase or any
system of payment by instalments, etc.
47. The Constitution (Forty-seventh Amendment) Act, 1984—This amendment is intended
to provide for the inclusion of certain land Reforms Acts in the Ninth Schedule to the
Constitution with a view to obviating the scope of litigation hampering the implementation
process of those Acts.
48. The Constitution (Forty-eighth Amendment) Act, 1984—The Proclamation issued by
President under Article 356 of the Constitution with respect to the State of Punjab cannot be
continued in force for more than one year unless the special conditions mentioned in clause (5)
of the said Article are satisfied. As it is felt that the continued force of the said Proclamation is