The Constitution of India, enacted on November 26, 1949, and effective from January 26, 1950, is a living document that evolves through amendments to address changing socio-political and economic needs. The amendment process, outlined in Article 368, balances flexibility and rigidity, ensuring the Constitution remains relevant while preserving its core principles. This study material covers the procedure, significant amendments, their impact, and recent developments up to June 19, 2025, in a detailed and structured manner.

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Introduction

The Indian Constitution is designed to be adaptable, allowing amendments to reflect the aspirations of a dynamic society. As of June 2025, there have been 105 amendments to the Constitution, addressing issues like fundamental rights, federal structure, social justice, and governance reforms. The amendment process draws inspiration from the South African Constitution and ensures that changes align with the Basic Structure Doctrine, established in the Kesavananda Bharati case (1973).

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Constitutional Provision for Amendments

• Article 368 (Part XX): Governs the procedure for amending the Constitution.
• Types of Amendments:
  1. By Simple Majority: Certain provisions (e.g., delimitation of constituencies, salaries of judges) can be amended by a simple majority in Parliament, outside Article 368.
  2. By Special Majority: Most amendments require a majority of the total membership of each House of Parliament and a two-thirds majority of members present and voting.
  3. By Special Majority + State Ratification: Amendments affecting federal provisions (e.g., powers of states, representation in Parliament) require ratification by at least half of the state legislatures.
• Key Federal Provisions Requiring State Ratification:
  • Election of the President (Articles 54, 55).
  • Extent of executive and legislative powers of the Union and States (Seventh Schedule).
  • Representation of states in Parliament.
  • Provisions related to the Supreme Court and High Courts (Chapter IV, Part V; Chapter V, Part VI).
  • Amendment procedure itself (Article 368).

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Procedure for Constitutional Amendments

1. Initiation: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) by a minister or private member. It must be a Constitution Amendment Bill.
2. No President’s Prior Approval: Unlike ordinary bills, the President’s prior assent is not required.
3. Passage: The bill must be passed by:
   • A majority of the total membership of each House.
   • A two-thirds majority of members present and voting in each House.
4. State Ratification (if applicable): For federal provisions, the bill is sent to state legislatures, requiring approval from at least half of them.
5. Presidential Assent: Once passed, the bill is presented to the President, who must give assent (no veto power, as per the 24th Amendment, 1971).
6. Enactment: The amendment becomes part of the Constitution upon receiving Presidential assent.

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Basic Structure Doctrine

• Origin: Established in Kesavananda Bharati v. State of Kerala (1973).
• Concept: Certain fundamental features of the Constitution (e.g., federalism, secularism, judicial review, fundamental rights) cannot be amended, as they form the “basic structure.”
• Significance: Limits Parliament’s amending power to prevent the destruction of the Constitution’s core identity.
• Key Cases:
  • Minerva Mills v. Union of India (1980): Struck down provisions of the 42nd Amendment that undermined judicial review and the balance between Fundamental Rights and Directive Principles.
  • Indira Nehru Gandhi v. Raj Narain (1975): Reinforced the basic structure by invalidating amendments that curtailed judicial independence.

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Notable Constitutional Amendments

Below is a detailed list of significant amendments, their objectives, and their impact:

1. 1st Amendment (1951):
   • Objective: Address issues related to freedom of speech, zamindari abolition, and affirmative action.
   • Key Changes:
     • Added Articles 31A and 31B to protect land reform laws from judicial review.
     • Added the Ninth Schedule to shield certain laws from judicial scrutiny.
     • Modified Article 15 to allow affirmative action for socially and educationally backward classes.
     • Restricted freedom of speech under Article 19(2) with “reasonable restrictions” (e.g., public order, security of state).
   • Impact: Enabled land reforms and clarified the scope of fundamental rights.
     
2. 7th Amendment (1956):
   • Objective: Reorganize states on a linguistic basis and streamline administration.
   • Key Changes:
     • Abolished the classification of states into Parts A, B, C, and D.
     • Established a uniform state structure and reorganized boundaries (based on the States Reorganisation Act, 1956).
     • Modified provisions for High Courts and their jurisdiction.
   • Impact: Strengthened federal structure and linguistic diversity.
3. 24th Amendment (1971):
   • Objective: Clarify Parliament’s power to amend the Constitution.
   • Key Changes:
     • Affirmed Parliament’s authority to amend any part of the Constitution, including Fundamental Rights.
     • Made Presidential assent to amendment bills mandatory.
   • Impact: Responded to the Golaknath case (1967), which had restricted Parliament’s amending powers.
4. 42nd Amendment (1976):
   • Objective: Strengthen the central government and promote socialist and secular principles during the Emergency (1975–77).
   • Key Changes:
     • Added “Socialist,” “Secular,” and “Integrity” to the Preamble.
     • Expanded Directive Principles (e.g., Article 39A for free legal aid).
     • Added Fundamental Duties (Article 51A).
     • Curtailed judicial review and extended the term of Lok Sabha to six years (later reversed).
     • Strengthened the Union’s powers over states (e.g., deploying central forces).
   • Impact: Known as the “mini-Constitution” due to its extensive changes. Some provisions were later struck down or modified (e.g., by the 44th Amendment).
5. 44th Amendment (1978):
   • Objective: Reverse authoritarian provisions of the 42nd Amendment and restore democratic principles.
   • Key Changes:
     • Restored the original term of Lok Sabha and state legislatures (five years).
     • Limited the scope of Article 356 (President’s Rule) to prevent misuse.
     • Restored judicial review and removed restrictions on Fundamental Rights.
     • Made the right to property a legal right (removed from Fundamental Rights under Article 31).
   • Impact: Strengthened democratic safeguards and judicial independence.
6. 52nd Amendment (1985):
   • Objective: Curb political defections.
   • Key Changes:
     • Added the Tenth Schedule (Anti-Defection Law), disqualifying legislators for defection unless supported by two-thirds of the party.
   • Impact: Stabilized governments but raised concerns about restricting free speech (later refined by judicial rulings).
7. 73rd and 74th Amendments (1992):
   • Objective: Strengthen local self-governance.
   • Key Changes:
     • 73rd Amendment: Established a three-tier Panchayati Raj system (village, block, district levels) with constitutional status (Part IX).
     • 74th Amendment: Provided constitutional status to urban local bodies (municipalities, municipal corporations) (Part IX-A).
     • Mandated reservations for women, SCs, and STs in local bodies.
   • Impact: Promoted decentralization and grassroots democracy.
8. 86th Amendment (2002):
   • Objective: Ensure the right to education.
   • Key Changes:
     • Added Article 21A (Right to Education for children aged 6–14 years).
     • Modified Article 45 to focus on early childhood care and education.
     • Added a new Fundamental Duty (Article 51A(k)) for parents to educate children.
   • Impact: Led to the Right to Education Act, 2009, ensuring free and compulsory education.
9. 101st Amendment (2016):
   • Objective: Introduce the Goods and Services Tax (GST).
   • Key Changes:
     • Introduced Articles 246A, 269A, and modified the Seventh Schedule to enable GST.
     • Established the GST Council for cooperative federalism.
   • Impact: Unified India’s tax structure, enhancing economic integration.
10. 103rd Amendment (2019):
    • Objective: Provide reservation for economically weaker sections (EWS).
    • Key Changes:
      • Added provisions for 10% reservation in education and government jobs for EWS (excluding SC/ST/OBC).
    • Impact: Expanded affirmative action but faced legal challenges regarding the 50% reservation cap.

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Recent Amendments and Developments (Up to June 19, 2025)

104th Amendment (2020):

• Abolished the nomination of Anglo-Indian members to Lok Sabha and state legislatures.
• Extended reservation for SC/ST seats in legislatures until 2030.
  

• 105th Amendment (2021):
  • Restored states’ powers to identify Socially and Educationally Backward Classes (SEBCs) for reservations, reversing a Supreme Court ruling (Maratha reservation case).
    
• Pending Proposals (as of 2025):
  • Discussions on simultaneous elections (One Nation, One Election) may lead to future amendments.
  • Proposals to strengthen federalism and revisit emergency provisions are under debate.

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Landmark Cases Related to Amendments

• Shankari Prasad v. Union of India (1951): Upheld Parliament’s unrestricted power to amend Fundamental Rights.
• Golaknath v. State of Punjab (1967): Ruled that Fundamental Rights could not be amended (later overruled by the 24th Amendment).
• Kesavananda Bharati v. State of Kerala (1973): Introduced the Basic Structure Doctrine.
• Minerva Mills v. Union of India (1980): Struck down parts of the 42nd Amendment for violating the basic structure.
• I.R. Coelho v. State of Tamil Nadu (2007): Upheld judicial review of Ninth Schedule laws post-1973.

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Key Features of the Amendment Process

• Flexibility and Rigidity: The combination of simple majority, special majority, and state ratification ensures a balanced approach.
• Judicial Oversight: The Basic Structure Doctrine acts as a safeguard against arbitrary amendments.
• Evolving Nature: Frequent amendments reflect the Constitution’s adaptability to social, economic, and political changes.
• Federal Balance: State ratification for federal provisions ensures states’ voices in constitutional changes.

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Summary Table: Major Amendments

Amendment	Year	Key Changes	Impact
1st	1951	Articles 31A, 31B, Ninth Schedule, affirmative action	Enabled land reforms, clarified rights
7th	1956	State reorganization, High Courts	Strengthened federalism
24th	1971	Affirmed Parliament’s amending power	Overruled Golaknath case
42nd	1976	Preamble changes, Fundamental Duties, emergency powers	“Mini-Constitution,” later moderated
44th	1978	Restored judicial review, limited Article 356	Restored democratic balance
73rd & 74th	1992	Panchayati Raj, urban local bodies	Promoted decentralization
86th	2002	Right to Education (Article 21A)	Universalized education
101st	2016	GST, Articles 246A, 269A	Unified tax system
103rd	2019	10% EWS reservation	Expanded affirmative action

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Practical Implications

• Adaptability: Amendments have addressed critical issues like education, taxation, and local governance.
• Judicial Checks: The Basic Structure Doctrine ensures amendments align with constitutional values.
• Federalism: State ratification protects states’ interests in a federal framework.
• Social Justice: Amendments like the 73rd, 86th, and 103rd promote inclusivity and equity.

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Suggested Study Tips

• Memorize Key Amendments: Focus on the 1st, 42nd, 44th, 73rd, 74th, 86th, 101st, and 103rd amendments.
• Understand the Process: Study Article 368 and the types of majorities required.
• Link to Cases: Connect amendments to landmark cases (e.g., 42nd Amendment to Minerva Mills).
• Track Recent Changes: Stay updated on the 104th and 105th amendments and proposals like simultaneous elections.
• Use Flowcharts: Visualize the amendment procedure for clarity (e.g., initiation → passage → ratification → assent).

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