Amendments to the Indian Constitution are essential to maintain its relevance and effectiveness as the nation’s supreme legal framework. Since its enforcement on January 26, 1950, the Constitution has undergone numerous modifications to address evolving socio-political and economic challenges. These amendments ensure that modern developments are incorporated while safeguarding the fundamental principles envisioned by its framers.
For aspirants preparing for UPSC and other competitive exams, understanding the importance, procedure, and key amendments is crucial.
What Are Constitutional Amendments?
A constitutional amendment refers to any modification or addition made to the Indian Constitution to ensure its adaptability over time. These amendments can impact fundamental rights, the powers of various institutions, and provisions related to governance.
The process of amendment is detailed in Article 368 of the Constitution, which lays out three different procedures based on the significance of the changes. While Parliament has the authority to amend the Constitution, it cannot alter its basic structure, a principle established by the Supreme Court.
Types of Amendments Under Article 368
The Constitution provides three methods for making amendments:
- Simple Majority: Certain provisions can be amended by a simple majority of both Houses of Parliament. These do not fall under Article 368 (e.g., changes in Parliament procedures or state boundaries).
- Special Majority: Most constitutional amendments require a special majority, meaning approval from more than 50% of the total membership and at least two-thirds of the members present and voting in each House.
- Special Majority with State Ratification: Amendments affecting federal provisions (e.g., division of powers between the Centre and States) require ratification by at least 50% of state legislatures, in addition to a special majority in Parliament.
This structured process ensures that amendments are made with adequate deliberation while upholding democratic values.
Procedure for Amending the Indian Constitution
The amendment process follows a structured framework:
- Introduction of the Bill:
- An amendment bill can be introduced in either House of Parliament, but not in State Legislatures.
- It can be proposed by a minister or a private member without requiring prior presidential approval.
- Approval in Parliament:
- The bill must pass in both Houses of Parliament with a special majority:
- More than 50% of the total membership of each House.
- At least two-thirds of the members present and voting.
- If there is a disagreement between the two Houses, no joint sitting is allowed.
- For amendments affecting federal provisions, at least half of the state legislatures must approve the bill by a simple majority.
- The bill must pass in both Houses of Parliament with a special majority:
- President’s Assent:
- Once approved, the bill is sent to the President of India, who must grant assent. The President cannot refuse or return the amendment bill.
- Enforcement:
- Upon presidential approval, the amendment becomes a part of the Constitution.
Amendments to the Indian Constitution: A Living Document
As of 2024, the Indian Constitution has been amended 106 times, demonstrating its ability to evolve in response to changing societal needs. This adaptability ensures that India’s legal and governance framework remains relevant while preserving its foundational principles.
The Democratic Balance in Constitutional Amendments
The Indian Constitution’s amendment process is designed to be both flexible and rigid, ensuring that necessary changes can be made while protecting its fundamental structure. The process reflects democratic principles, ensuring broad representation and scrutiny before any amendment is enacted.
This well-balanced framework enables the Constitution to serve as a dynamic and responsive document, aligning with the aspirations of the nation while maintaining stability.
List of Important Amendments in the Indian Constitution
Over 100 amendments have been made to the Constitution since its inception and adoption. Here is a summary table of the Important Constitutional Amendments made to the Indian Constitution till 2024.
List of Important Amendments in the Indian Constitution
Constitution
| Amendment No. | Amendment Year | Purpose/Description |
| 1st | 1951 | • Empowered the state to make special provisions for the advancement of socially and economically backward classes. • The Ninth Schedule was added, which lists laws that cannot be challenged in courts, providing protection for land reform and other laws included in it from judicial review. • Three more grounds of restriction on freedom of Speech and expression – Public Order, friendly relations and incitement to any offence. |
| 7th | 1956 | • Abolished the existing classification of states in four categories ABCD and reorganised them into 14 states and 6 union territories • Extended the jurisdiction of the High court to union territories. • Common High Court for 2 or more states • Provided appointment of additional and acting judges of High court |
| 9th | 1960 | Adjusted the boundaries of Assam and West Bengal. |
| 10th | 1961 | Incorporated Dadra and Nagar Haveli into the Union of India as a Union Territory. |
| 11th | 1961 | Changed election-related provisions and qualifications of the President and Vice-President. |
| 12th | 1962 | Incorporated Goa, Daman, and Diu into the Union of India. |
| 13th | 1962 | Created the State of Nagaland and made special provisions for it. |
| 14th | 1962 | Incorporated Pondicherry into the Union of India as a Union Territory. |
| 17th | 1964 | Further restricted property rights, especially regarding land reform laws. |
| 18th | 1966 | • Power of Parliament to create new states and union territories • New states Punjab and Haryana |
| 21st | 1967 | Added Sindhi as an official language. |
| 24th | 1971 | • Parliament can amend fundamental rights. • Made it mandatory for the President to assent to Constitutional Amendments. |
| 25th | 1971 | Limited the right to property and prioritized Directive Principles over Fundamental Rights. |
| 26th | 1971 | Abolished privy purses and privileges paid to former rulers of princely states. |
| 33rd | 1974 | Amended article 101 and 190 and provided the procedure for the resignation of members of Parliament and State Legislatures. |
| 36th | 1975 | Sikkim was formally recognized as a state of India. |
| 38th | 1975 | Enhanced the powers of the President and Governors regarding emergency declarations. |
| 42nd | 1976 | • Known as the “Mini Constitution,” it significantly altered the structure and framework of the Constitution. • Socialist, Secular, and Integrity • Fundamental Duties • President bound by the advice of cabinet • Administrative Tribunals • Froze the seats in Lok Sabha and legislative assemblies • Made constitutional amendments beyond Judicial Scrutiny • Curtailed the power of Judicial Review and Writ Jurisdiction of HC and SC • Added new directive Principles – Article 39 (f), 43 (A), 39 (A), and 48 (A) • Empowered Parliament to make laws to deal with anti-national activities • Extended the one-time duration of the President’s rule in a state 6 months to one year. • Empowered centre deploy its armed forces in any state • Shifted 5 subjects to concurrent list – education, forests, protection of wild animals, weights and measures and administration of Justice • Provided for all India Judicial Service |
| 44th | 1978 | • Gave Constitutional Protection to Publication in a newspaper of true reports of the proceedings of parliament and legislatures • Empowered the president to send the advice for reconsideration to the cabinet but after reconsidering it will be binding. • Replaced the term internal disturbance to armed rebellion • Emergency after written recommendation of Cabinet • Deleted Right to Property • Fundamental Rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency |
| 50th | 1984 | Enhanced the service conditions of members of the armed forces. |
| 52nd | 1985 | Introduced the anti-defection law to prevent political defections. – Added 10th Schedule |
| 58th | 1987 | Allowed the President to publish authoritative Hindi translations of the Constitution. |
| 61st | 1989 | Reduced the voting age from 21 to 18 years. |
| 65th | 1990 | Established the National Commission for Scheduled Castes and Scheduled Tribes. |
| 69th | 1991 | Granted special status to Delhi, it was designated as the National Capital Territory. |
| 71st | 1992 | Added Konkani, Manipuri, and Nepali languages to the Eighth Schedule. |
| 73rd | 1993 | Introduced the Panchayati Raj system and strengthened local self-government. |
| 74th | 1993 | Strengthened urban local bodies through Municipalities. |
| 77th | 1995 | Provided reservation for promotions for SC/STs in government jobs. |
| 80th | 2000 | Alternative scheme of Devolution – 10th Finance Commission |
| 81st | 2000 | Allowed the government to fill backlog vacancies in promotions for SC/STs. |
| 82nd | 2000 | Relaxed the qualifying marks for SC/STs in examinations. |
| 84th | 2001 | Extended the freeze on parliamentary seats based on the 1971 Census until 2026. |
| 86th | 2002 | • Article 21-A, Elementary Education – Made education a Fundamental Right for children aged 6 to 14 years. • Added New Fundamental Duty (Article 51 A) |
| 87th | 2003 | Provided for delimitation of constituencies based on the 2001 Census. |
| 89th | 2003 | Bifurcated the National Commission for SC/ST into two separate commissions. – • National Commission for SC (Article 338) • National Commission for ST (Article 338-A) |
| 91st | 2004 | • 15% of the total strength of Lok Sabha for Council of Ministers • Strengthened anti-defection laws. |
| 92nd | 2004 | Added Bodo, Dogri, Maithili, and Santhali to the Eighth Schedule. |
| 93rd | 2006 | Allowed for reservations for OBCs in educational institutions. |
| 96th | 2011 | Substituted “Odia” for “Oriya” in the Eighth Schedule. |
| 97th | 2012 | Gave constitutional status to “cooperative societies” – 43(B) DPSP |
| 99th | 2014 | Established the National Judicial Appointments Commission (later struck down by the Supreme Court). |
| 100th | 2015 | Amended the India-Bangladesh land boundary agreement. |
| 101st | 2016 | Introduced the Goods and Services Tax (GST). |
| 102nd | 2018 | Gave constitutional status to the National Commission for Backward Classes. – Article 338 (B) |
| 103rd | 2019 | Provided for 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs. |
| 104th | 2020 | Extended reservations for SC/ST in Lok Sabha and State Assemblies but ended Anglo-Indian representation. |
| 105th | 2021 | Restored the power of states to identify and notify Other Backward Classes (OBCs). |
| 106th | 2024 | It reserved 1/3 of the seats for the women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assemblies, including those seats reserved for SCs and STs. |
