Major Constitutional Amendments in India - UPSC

        

Process of Amendment of Indian Constitution

The Constitution of India provides a detailed process for its amendment under Article 368, allowing it to adapt to changing needs while preserving its foundational principles. The amendment process ensures a balance between flexibility and rigidity.

There are three types of constitutional amendments:

1. Simple Majority: Certain provisions can be amended by a simple majority in both Houses of Parliament. These include changes related to the formation of new states, alteration of state boundaries, and admission or establishment of new states. These do not come under Article 368.
2. Special Majority: Most constitutional provisions require a special majority. This means a majority of the total membership of each House and a two-thirds majority of members present and voting. This applies to fundamental rights, directive principles, and other significant provisions.
3. Special Majority with State Ratification: For changes affecting federal features—like the powers of the Union and states, or matters related to the judiciary—ratification by at least half of the state legislatures is also required, along with a special majority in Parliament.

Once passed, the bill is presented to the President of India, who must give assent. After the President’s approval, the Constitution stands amended.

Major Constitutional Amendments in India

1st Amendment Act, 1951

• It empowers the states to make socio-economic justice with socially and economically backward classes.
• It was aimed at land reforms and Zamindari abolition.
• Added the Ninth Schedule to protect anti-zamindari laws from judicial review.
• Added public order, friendly relations with foreign states, and incitement to an offense as the additional grounds for reasonable restrictions on the freedom of speech and expression. It also made it justiciable.

4th Amendment Act, 1955

• Empowered state to nationalize any trade.
• Provided that the compensation amount given by the state for the acquisition of property, cannot be challenged in court on the grounds of insufficiency.
• Added more laws in the Ninth Schedule and expanded the scope of Article 31(C).

7th Amendment Act, 1956

• Reorganized the Indian states as 14 states and 6 UTs. Abolished the old A, B, C, and D categorization of states.
• Provided the common high court for two or more states, and extended the jurisdiction of HCs to UTs. Also provided additional acting judges to HCs.

9th Amendment Act, 1960

• Provided for the cession of the Indian territory named Berubari Union (West Bengal) to Pakistan as a commitment made under the Indo-Pakistan Agreement (1958).

11th Amendment Act, 1961

• Provided the new procedure of election for the Vice President by introducing an electoral college.

24th Amendment Act, 1971

• It made it clear that the Parliament has the power to amend any part of the Constitution including Article 13 by using Article 368.
• Made it obligatory for the President to give assent to a Constitutional Amendment Bill.

38th Amendment Act, 1975

• Provided that the declaration of emergency by the President cannot be challenged in a court of law.
• Provided that the promulgation of ordinances by the President, governors, and administrators of Union territories cannot be challenged in a court of law.
• Provided that the President could declare different proclamations of national emergency on different grounds simultaneously.

42nd Amendment Act, 1976

• Known as the ‘Mini-Constitution’, as it made very comprehensive changes to the Constitution of India.
• Amended the Preamble and added the words - socialist, secular, and integrity.
• Added Fundamental Duties for citizens by including new Part IV-A.
• Exclusively made Cabinet advice binding on the President.
• By adding Part XIV-A, it provided for administrative tribunals and tribunals for other matters.
• Froze seats for Lok Sabha and State Legislative Assemblies till 2001, based on the 1971 census.
• Restricted judicial review for Constitutional Amendment Acts.
• Limited writ jurisdiction of Supreme Court and High Courts.

44th Amendment Act, 1978

• Changed the term of the Lok Sabha and State Legislative Assemblies back to 5 years.
• President can send back the advice of Cabinet for reconsideration.
• Changed the phrase “internal disturbance” to “armed rebellion” for national emergency.
• Removed right to property from Fundamental Rights and provided it only as a legal right.
• Provided that Fundamental Rights under Articles 20–21 cannot be suspended during a national emergency.

52nd Amendment Act, 1985

• Disqualification of Members of Parliament and State Legislatures on ground of defection from one political party to another.

61st Amendment Act, 1989

• Reduced the legal voting age from 21 to 18 years for Lok Sabha and Legislative Assemblies.

69th Amendment Act, 1991

• Granted special status to Delhi as the ‘National Capital Territory’ with a Legislative Assembly and Council of Ministers.

73rd Amendment Act, 1992

• Provided Constitutional status to Panchayati Raj institutions.
• Added Part IX and 11th Schedule.

74th Amendment Act, 1992

• Provided Constitutional status to Urban Local Bodies.
• Added Part IX-A and 12th Schedule.

86th Amendment Act, 2002

• Provided the Right to Education as a Fundamental Right (Part III of the Constitution).
• Inserted Article 21A — free and compulsory education for children between 6–14 years.
• Added a Fundamental Duty under Article 51A.

95th Amendment Act, 2009

• Extended reservation for SCs/STs and special representation for Anglo-Indian community in Lok Sabha and State Assemblies for ten more years (Article 334).

97th Amendment Act, 2011

• Added Part IX-B — Cooperative societies as a Constitutional right.
• Right to form cooperative societies became a Fundamental Right under Article 19.
• Inserted Article 43-B as a Directive Principle (DPSP) to promote cooperative societies.

99th Amendment Act, 2014

• Established the National Judicial Appointments Commission (NJAC) to replace the collegium system.
• Supreme Court struck it down for violating judicial independence and separation of powers.

101st Amendment Act, 2016

• Introduced Goods and Services Tax (GST).

102nd Amendment Act, 2018

• Made National Commission for Backward Classes (NCBC) a Constitutional body.

103rd Amendment Act, 2019

• Granted 10% reservation to Economically Weaker Sections (EWS) of general category under Article 15(6) and 16(6).

104th Amendment Act, 2020

• Extended SC/ST seat reservation in legislatures from 70 to 80 years.
• Ended Anglo-Indian community reservation in Lok Sabha and State Assemblies. 

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