Amendment of the Constitution of India

Meaning of Amendment

It is a formal change in the Constitution through addition, variation or repeal of its provisions.

Article 368 of Part XX gives Parliament the power and procedure to amend the Constitution through Special majority and Special majority with ratification of half of the state legislatures. (There are other provisions mentioned in the constitution that enables the Parliament to amend the Constitution by simple majority, though such provisions are not a part of Article 368.)

Flexible and Rigid: The Constitution combines flexible and rigid methods of amendment.

Purpose: Amendments help the Constitution adapt to changing social, political and economic needs.

24th Amendment, 1971: Clarified Parliament’s power to amend any part of the Constitution (without altering the Basic Structure of the constitution), including Fundamental Rights, and made Presidential assent mandatory.

First Amendment: The first Constitutional Amendment was enacted in 1951.

Latest Amendment: The 106th Amendment Act, 2023 introduced provisions for women’s reservation in legislatures.

Procedure of Amendment under Article 368

Introduction: An amendment bill can be introduced in either House by a Minister or private member; no prior President’s permission is needed.

Parliamentary Approval: Passed separately by both Houses with the required majority; no joint sitting.

State Ratification: For federal provisions, at least half of the states must ratify the Bill.

President’s Assent: The President must give assent and cannot return or withhold the Bill.

Amendment: After assent, the Bill becomes an Act, amending the Constitution.

Amendment Procedure Borrowed From

Source	Feature taken
Constitution of South Africa	The procedure for amendment of the Constitution (Article 368) Election of the members of the Rajya Sabha

The Constituent Assembly adopted a middle path in the amendment procedure so that the Constitution would be neither as rigid as that of the United States nor as flexible as that of the United Kingdom.

The system of ratification by the states for the amendments affecting federal provisions follows the federal character of the Indian Union.

MOST IMPORTANT AMENDMENTS

Amendment	Changes Introduced
1st Amendment Act, 1951	Addition of Ninth Schedule; Empowerment of the state for special provisions for the advancement of socially and economically backward classes; Insertion of 31A and 31 B
2nd Amendment Act, 1952	Readjustment of representation in Lok Sabha
7th Amendment Act, 1956	Abolition and reorganization of states into 14 states and 6 union territories; Extension of jurisdiction of high courts
10th Amendment Act, 1961	Incorporation of Dadra and Nagar Haveli in the Indian Union
15th Amendment Act, 1963	Enabled high courts to issue writs outside territorial jurisdiction; Increase in the retirement age of high court judges; appointment of retired judges; compensatory allowance to transferred judges
24th Amendment Act, 1971	Power of Parliament to amend any part of the Constitution
25th Amendment Act, 1971	Introduction of new Article 31C; limited the fundamental right to property
26th Amendment Act, 1971	Recognition granted to Rulers of Indian States to cease and privy purses to be abolished
34th Amendment Act, 1974	Amendment of the Ninth Schedule to include revised ceiling laws
38th Amendment Act, 1975	Emergency declared as non-justiciable; empowerment of the president to declare different proclamations of national emergency
42nd Amendment Act, 1976 (Mini Constitution)	Addition of words socialist, secular and integrity in Preamble; Added Fundamental Duties; Extended tenure of Lok Sabha and state legislative assemblies; Established All-India Judicial Service
44th Amendment Act, 1978	Restoration of powers of the Supreme Court and high courts; made the right to property a legal right
51st Amendment Act, 1984	Provision of reservation of seats for Scheduled Tribes in certain states
52nd Amendment Act, 1985 (Anti Defection Law)	Disqualiﬁcation of members of Parliament and state legislatures on ground of defection
61st Amendment Act, 1989	Reduced voting age from 21 years to 18 years
65th Amendment Act, 1990	Establishment of National Commission for Scheduled Castes and Scheduled Tribes
69th Amendment Act, 1991	Made Delhi as ‘National Capital Territory of Delhi’
73rd Amendment Act, 1992	Panchayati Raj Institutions included under Eleventh Schedule
74th Amendment Act, 1992	Gave constitutional status and protection to urban local bodies
76th Amendment Act, 1994	Included Tamil Nadu Reservation Act of 1994 in Ninth Schedule
77th Amendment Act, 1995	Provided for reservation in promotions in government jobs for SCs and STs
80th Amendment Act, 2000	An alternative scheme of devolution of revenue for sharing taxes
85th Amendment Act, 2001	Provided for “consequential seniority” in the case of promotion for SCs and STs
86th Amendment Act, 2002	Made elementary education a fundamental right
91st Amendment Act, 2003	Limited size of Council of Ministers; strengthened anti-defection law
93rd Amendment Act, 2005	Reservation for backward classes in private unaided educational institutions
97th Amendment Act, 2012	Gave constitutional status to co-operative societies
99th Amendment Act, 2014	Replaced collegium system of appointing judges with National Judicial Appointments Commission (NJAC)
100th Amendment Act, 2015	Gave effect to acquiring of territories by India and transfer of certain territories to Bangladesh
101st Amendment Act, 2016	Introduction of Goods and Service Tax
102nd Amendment Act, 2018	Provided constitutional status to the National Commission for Backward Classes
103rd Amendment Act, 2019	Empowered the state to make provisions for the advancement of any economically weaker sections (EWS)
104th Amendment Act, 2020	Extension of deadline for reserved seats for SCs and STs; Removal of reserved seats for Anglo-Indian community
105th Amendment Act, 2021	restores the power of State Governments and Union Territories to identify the Socially and Educationally Backward Classes (SEBCs). Amended Articles 338B, 342A, and 366 of the Constitution.
106th Amendment Act, 2023	Reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs.

PREVIOUS YEAR QUESTION

1. The eighty-sixth Amendment of the Constitution of India altered a Directive Principle of the Constitution to provide for: [WBCS 2019]

(A) early childhood care and education for all children until they complete the age of six years.

(B) the state to provide free legal aid

(D) prohibiting intoxicating drinks and drugs injurious to health

Answer: (A) early childhood care and education for all children until they complete the age of six years.

2. Which of the following Amendments of the Indian Constitution is related to reservation of SC’s and ST’s and representation of Anglo Indians in the Lok Sabha and State Assembly?

[WBCS 2019]

(A) 54th Amendment

(B) 63rd Amendment

(D) 79th Amendment

Answer: (D) 79th Amendment

3. Under which amendment of the Indian Constitution the voting age reduced to 18 from 21? [WBCS 2021]

(A) 60th

(B) 62nd

(D) 63rd

Answer: (C) 61st

4. The 73rd Constitutional Amendment in 1992

Provided a constitutional guarantee to the formation of Panchayats at the village and other levels

Added a new part to the Constitution relating to urban local bodies

Stipulated that all Panchayat member be elected for a five year term in elections supervised by State Election Commission

Which of the statements given above is/are correct? [WBCS 2010]

(A) 1 and 2

(B) 1 and 3

(D) 2 only

Answer: (B) 1 and 3

5. By which Amendment of the Indian Constitution were the fundamental duties of citizens inserted? [WBCS 2001]

(A) 40th Amendment

(B) 41st Amendment

(D) 43rd Amendment

Answer: (C) 42nd Amendment