Amendments to Indian Constitution: Important List

Amendments to Indian Constitution: Important List

India’s Constitution has been amended 106 times since it came into force on 26 January 1950. That’s a significant number — the US Constitution has been amended only 27 times in over 230 years. This reflects the framers’ deliberate choice to make the Constitution a living document, adaptable to changing social, economic, and political realities. But the amendment power is not unlimited. The basic structure doctrine — evolved by the Supreme Court — sets the outer boundary of what Parliament can change. Understanding the amendment process, the key amendments, and this boundary is essential for UPSC.

The Amendment Process: Article 368

Article 368 in Part XX of the Constitution governs how it can be amended. The procedure depends on the type of provision being amended.

Three Methods of Amendment

Method 1: Simple Majority (Not Article 368)

Some provisions can be amended by a simple majority of Parliament — meaning the same majority needed to pass an ordinary law. These are not considered constitutional amendments under Article 368. Examples:

• Admission of new states (Article 2)
• Formation of new states (Article 3)
• Creation or abolition of Legislative Councils (Article 169)
• Citizenship provisions (Article 11)
• Salaries of Supreme Court judges

Method 2: Special Majority (Article 368)

Most constitutional provisions require a special majority:

• Majority of total membership of each House (not just those present and voting)
• Two-thirds majority of members present and voting
• Both conditions must be satisfied simultaneously
• Required in both Lok Sabha and Rajya Sabha

Method 3: Special Majority + Ratification by States

Certain provisions additionally require ratification by not less than half of the state legislatures before the President can give assent. These include provisions affecting the federal structure:

• Article 54 and 55 (Election of President)
• Article 73 and 162 (Executive power of Union and States)
• Articles 124–147 (Supreme Court)
• Articles 214–231 (High Courts)
• Article 241 (High Courts for Union Territories)
• Seventh Schedule (Union, State, Concurrent Lists)
• Representation of States in Parliament
• Article 368 itself

There is no provision for a joint sitting of Parliament to resolve a deadlock on a constitutional amendment bill (unlike ordinary bills).

Role of the President

Once passed by Parliament (and ratified by states where required), the bill is presented to the President. The President must give assent — they cannot withhold or return a constitutional amendment bill. This was confirmed after the 24th Amendment (1971), which made it explicit that the President shall give assent.

The Basic Structure Doctrine

Before diving into individual amendments, you must understand the basic structure doctrine — because it’s the most important constraint on Parliament’s amendment power.

Kesavananda Bharati v. State of Kerala (1973)

In this landmark 13-judge bench ruling, the Supreme Court held by a 7-6 majority that while Parliament has wide power to amend the Constitution under Article 368, it cannot destroy the basic structure or essential features of the Constitution.

The Court did not define basic structure exhaustively, but elements held to be part of it include:

• Supremacy of the Constitution
• Republican and democratic form of government
• Secular character of the Constitution
• Separation of powers
• Federal character
• Judicial review
• Rule of law
• Free and fair elections
• Independence of the judiciary
• Unity and integrity of India
• Fundamental Rights (at least their core)
• Parliamentary system

Any constitutional amendment that destroys any of these elements can be struck down by the Supreme Court. This is the final limit on Parliament’s amending power.

Major Constitutional Amendments: Comprehensive Table

The 42nd Amendment: The “Mini-Constitution”

The 42nd Constitutional Amendment Act, 1976 — passed during the Emergency by the Indira Gandhi government — was the most sweeping constitutional change in Indian history. It:

1. Added “Socialist” and “Secular” to the Preamble
2. Added “Integrity” alongside “Unity” in the Preamble
3. Added Fundamental Duties (Part IVA, Article 51A) — 10 duties for citizens
4. Gave primacy to Directive Principles over Fundamental Rights (Article 31C expanded)
5. Made constitutional amendments non-justiciable (Parliament’s amending power made absolute)
6. Extended the life of Lok Sabha and state assemblies from 5 to 6 years
7. Extended President’s Rule from 1 year to 2 years in a state
8. Curtailed judicial review of central and state laws
9. Inserted a chapter on Fundamental Duties
10. Established the Administrative Tribunals (Article 323A-B)

Many of these changes were reversed by the 44th Amendment (1978) after the Janata government came to power:

• Lok Sabha term restored to 5 years
• President’s Rule maximum period reduced back to 1 year (with extension to 3 years in exceptional circumstances)
• Judicial review restored
• Article 368 amendments making Parliament’s power absolute struck down by courts based on basic structure

The 44th Amendment: Restoring Constitutional Balance

The 44th Constitutional Amendment Act, 1978 was the democratic correction to Emergency-era excesses:

1. Right to Property removed from Fundamental Rights — made only a legal right under Article 300A (cannot be taken away without authority of law)
2. Restored pre-Emergency protection against arbitrary detention (Articles 20, 21 cannot be suspended even during Emergency)
3. Strengthened safeguards before President can proclaim Emergency under Article 352:

– Written advice of Cabinet (not just PM) required – Lok Sabha approval within one month – Emergency can be revoked by simple majority in Lok Sabha

1. Restored freedom of the press
2. Made Presidential satisfaction regarding President’s Rule justiciable

The 73rd and 74th Amendments: Decentralisation

The 73rd Amendment (1992) gave constitutional recognition to Panchayati Raj:

• Added Part IX to the Constitution (Articles 243 to 243O)
• Added Eleventh Schedule with 29 subjects to be transferred to Panchayats
• Mandatory elections every 5 years for all three tiers (village, intermediate, district)
• Reservations for SC, ST, and women (not less than 1/3rd of total seats)
• State Finance Commission and State Election Commission made mandatory

The 74th Amendment (1992) did the same for urban local bodies:

• Added Part IX-A (Articles 243P to 243ZG)
• Added Twelfth Schedule with 18 subjects for municipalities
• Three types of municipalities: Nagar Panchayat, Municipal Council, Municipal Corporation
• Mandatory reservations for women, SC/ST

These amendments are among the most significant for local self-governance in India’s post-independence history.

The 101st Amendment: GST

The 101st Constitutional Amendment Act, 2016 transformed India’s indirect tax system:

• Added Article 246A: Both Parliament and state legislatures can make laws on GST (concurrent power)
• Added Article 269A: Integrated GST (IGST) on inter-state supplies to be collected by Centre and shared with states
• Added Article 279A: Created the GST Council — a constitutional federal body comprising the Union Finance Minister, Union Minister of State for Finance, and State Finance Ministers
• Amended the Seventh Schedule — removed most goods and services from separate Union and State Lists, brought under the GST regime
• Alcohol for human consumption, petroleum (except natural gas), and tobacco (centre only) were kept outside GST initially

The GST Council must make decisions with a 3/4th majority — Centre has 1/3rd of voting power; all states together have 2/3rd.

The 103rd Amendment: EWS Reservation

The 103rd Constitutional Amendment Act, 2019 provided for 10% reservation for Economically Weaker Sections (EWS) in educational institutions and public employment:

• Added Articles 15(6) and 16(6)
• EWS defined as those with annual family income below Rs 8 lakh and not already covered by existing reservations
• Upheld by the Supreme Court in Janhit Abhiyan v. Union of India (2022) — 3-2 majority
• Dissenting judges (Ravindra Bhat J and S. Ravindra Bhat J) argued it violated the basic structure by breaching the 50% ceiling

The 106th Amendment: Women’s Reservation

The 106th Constitutional Amendment Act, 2023 — known as the Nari Shakti Vandan Adhiniyam — reserved one-third of seats in the Lok Sabha and state legislative assemblies for women.

• Added Article 330A for Lok Sabha and Article 332A for state assemblies
• Within the reserved seats, sub-reservation for SC and ST women
• But: the reservation will take effect only after the next delimitation exercise following the next Census
• Since the Census has been delayed, the actual implementation is expected no earlier than 2029 elections

Frequently Asked Questions

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