The Constitution of India, adopted in 1950, is a living document designed to adapt to the evolving needs of the nation. Amendments to the Constitution ensure it remains relevant while preserving its fundamental values.
Guided by Article 368, the amendment process allows changes to be made either by a simple majority, a special majority, or a special majority with state ratification, depending on the nature of the provisions involved. These amendments have been pivotal in shaping India’s political, social, and economic framework, addressing issues like social justice, electoral reforms, and federalism.
With 448 Articles and 106 amendments to date, the Constitution exemplifies flexibility balanced with stability. Notable amendments, such as the 42nd Amendment (1976) and the 73rd Amendment (1992), reflect its role in empowering citizens and strengthening democracy. Understanding these amendments provides valuable insights into India’s journey of nation-building.
List of Constitutional Amendments
1–10 Amendments
- 1st Amendment (1951) – Protected land reform laws; restricted freedom of speech (reasonable restrictions); added the Ninth Schedule.
- 2nd Amendment (1952) – Changed representation in Parliament (Lok Sabha size adjustment).
- 3rd Amendment (1954) – Revised the Seventh Schedule, transferring certain subjects between State and Union Lists.
- 4th Amendment (1955) – Limited property rights and added further laws to the Ninth Schedule.
- 5th Amendment (1955) – Allowed flexibility in modifying state boundaries.
- 6th Amendment (1956) – Extended Union jurisdiction over tribal areas in Assam.
- 7th Amendment (1956) – Reorganized states and territories; established Union Territories.
- 8th Amendment (1960) – Extended reservations for Scheduled Castes/Scheduled Tribes in Lok Sabha and state assemblies.
- 9th Amendment (1960) – Adjusted boundaries between India and Pakistan.
- 10th Amendment (1961) – Incorporated Dadra and Nagar Haveli into India.
11–20 Amendments
- 11th Amendment (1961) – Changed how the Vice President is elected to the Rajya Sabha.
- 12th Amendment (1962) – Incorporated Goa, Daman, and Diu as Union Territories.
- 13th Amendment (1962) – Gave Nagaland special status under Article 371A.
- 14th Amendment (1962) – Incorporated Puducherry into India.
- 15th Amendment (1963) – Increased the retirement age of High Court judges.
- 16th Amendment (1963) – Strengthened restrictions on public office for anti-national activities.
- 17th Amendment (1964) – Further restricted property rights and added more laws to the Ninth Schedule.
- 18th Amendment (1966) – Clarified constitutional provisions related to reorganization.
- 19th Amendment (1966) – Abolished the right to appeal in civil cases before the Supreme Court.
- 20th Amendment (1966) – Validated laws and appointments that had become invalid due to procedural issues.
21–30 Amendments
- 21st Amendment (1967) – Added Sindhi as an official language in the Eighth Schedule.
- 22nd Amendment (1969) – Created the Union Territory of Meghalaya.
- 23rd Amendment (1969) – Extended reservations for SC/ST in legislatures.
- 24th Amendment (1971) – Affirmed Parliament's right to amend any part of the Constitution.
- 25th Amendment (1971) – Reduced the right to property and empowered government acquisition.
- 26th Amendment (1971) – Abolished privy purses of former rulers.
- 27th Amendment (1971) – Reorganized Union Territories, creating Arunachal Pradesh and Mizoram.
- 28th Amendment (1972) – Abolished special privileges for ICS officers.
- 29th Amendment (1972) – Added Kerala land reform laws to the Ninth Schedule.
- 30th Amendment (1972) – Changed jurisdiction for Union Territories’ parliamentary representation.
31–40 Amendments
- 31st Amendment (1973) – Increased Lok Sabha seats from 525 to 545.
- 32nd Amendment (1974) – Established provisions for the Andhra Pradesh autonomy issue.
- 33rd Amendment (1974) – Imposed restrictions on resignation from the legislatures.
- 34th Amendment (1974) – Added more land reform laws to the Ninth Schedule.
- 35th Amendment (1975) – Gave Sikkim Associate State status.
- 36th Amendment (1975) – Made Sikkim a full state of India.
- 37th Amendment (1975) – Created the Legislative Assembly for Arunachal Pradesh.
- 38th Amendment (1975) – Limited judicial review of Emergency proclamations.
- 39th Amendment (1975) – Barred judicial review of election disputes for certain offices, including the Prime Minister.
- 40th Amendment (1976) – Added more land laws to the Ninth Schedule.
41–50 Amendments
- 41st Amendment (1976) – Increased the President's and Governors’ privileges post-retirement.
- 42nd Amendment (1976) – The most comprehensive amendment; added "Socialist," "Secular," and "Integrity" to the Preamble; curtailed judicial review powers.
- 43rd Amendment (1977) – Restored some judicial review powers removed by the 42nd Amendment.
- 44th Amendment (1978) – Nullified the 42nd Amendment's excesses; safeguarded civil liberties.
- 45th Amendment (1980) – Extended SC/ST reservations.
- 46th Amendment (1982) – Broadened the taxation scope of the state.
- 47th Amendment (1984) – Added more land reform laws to the Ninth Schedule.
- 48th Amendment (1984) – Allowed President's Rule in Punjab beyond one year.
- 49th Amendment (1984) – Gave Tripura special status.
- 50th Amendment (1984) – Added service conditions for SC/STs in Union and state services.
51–106 Amendments
- 51st Amendment (1984) – Reserved Lok Sabha seats for STs in Mizoram, Meghalaya, and Nagaland.
- 52nd Amendment (1985) – Introduced the Anti-Defection Law.
- 53rd Amendment (1986) – Gave special status to Mizoram.
- 54th Amendment (1986) – Revised salaries of judges.
- 55th Amendment (1987) – Granted special status to Arunachal Pradesh.
- 56th Amendment (1987) – Incorporated Goa as a state.
- 57th Amendment (1987) – Reserved seats in legislatures for STs in Arunachal Pradesh.
- 58th Amendment (1987) – Provided an authoritative Hindi text of the Constitution.
- 59th Amendment (1988) – Allowed Emergency in Punjab for up to three years.
- 60th Amendment (1988) – Increased taxes on professions.
- 61st Amendment (1989) – Reduced voting age from 21 to 18.
- 62nd Amendment (1989) – Extended SC/ST reservations.
- 63rd Amendment (1990) – Repealed Punjab Emergency powers.
- 64th Amendment (1990) - Extended President's rule in Punjab.
- 65th Amendment (1990) - Strengthened the National Commission for SCs and STs.
- 66th Amendment (1990) - Added more land reforms to the Ninth Schedule.
- 67th Amendment (1990) - Extended President's rule in Punjab.
- 68th Amendment (1991) - Extended President's rule in Punjab.
- 69th Amendment (1991) - Granted Delhi National Capital Territory status.
- 70th Amendment (1992) - Included UTs in Presidential electoral college.
- 71st Amendment (1992) - Added Konkani, Manipuri, and Nepali languages.
- 72nd Amendment (1992) - Addressed tribal areas in Tripura.
- 73rd Amendment (1992) - Instituted Panchayati Raj.
- 74th Amendment (1992) - Empowered urban local bodies.
- 75th Amendment (1994) - Addressed tenancy and rent matters.
- 76th Amendment (1994) - Allowed Tamil Nadu’s reservation policy.
- 77th Amendment (1995) - Reserved promotion posts for SCs and STs.
- 78th Amendment (1995) - Added more land reform laws to Ninth Schedule.
- 79th Amendment (1999) - Extended reservation of seats for SCs and STs.
- 80th Amendment (2000) - Revised tax distribution between the center and states.
- 81st Amendment (2000) - Allowed backlog vacancies for SCs and STs.
- 82nd Amendment (2000) - Restored reservation benefits for SCs and STs.
- 83rd Amendment (2000) - Exempted Nagaland from reservations.
- 84th Amendment (2001) - Redefined constituencies.
- 85th Amendment (2001) - Permitted promotion reservation for SCs and STs.
- 86th Amendment (2002) - Made education a fundamental right.
- 87th Amendment (2003) - Redefined constituencies again.
- 88th Amendment (2003) - Provided for service taxes.
- 89th Amendment (2003) - Divided the SC/ST Commission into two.
- 90th Amendment (2003) - Reserved seats in Assam.
- 91st Amendment (2004) - Capped ministerial positions.
- 92nd Amendment (2004) - Added Bodo, Dogri, Santhali, and Maithili languages.
- 93rd Amendment (2005) - Allowed reservation for OBCs in higher education.
- 94th Amendment (2006) - Modified reservation for SCs and STs.
- 95th Amendment (2010) - Extended reservation for SCs and STs.
- 96th Amendment (2011) - Changed the name of the Oriya language to Odia.
- 97th Amendment (2011) - Added cooperative societies.
- 98th Amendment (2013) - Established the Council of Telangana.
- 99th Amendment (2014) - Introduced National Judicial Appointments Commission (later invalidated).
- 100th Amendment (2015) - Exchanged land enclaves with Bangladesh.
- 101st Amendment (2016) - Introduced Goods and Services Tax (GST).
- 102nd Amendment (2018) - Gave constitutional status to the National Commission for Backward Classes.
- 103rd Amendment (2019) - Provided for 10% reservation for Economically Weaker Sections (EWS).
- 104th Amendment (2020) - Extended SC/ST reservation and ended Anglo-Indian reservation.
- 105th Amendment (2021) - Restored state power to identify OBCs.
- 106th Amendment (2023) - Reserve one-third of the seats in the Lok Sabha, state legislative assemblies and Delhi Legislative Assembly for women for a period for 15 years after coming effect.
How Amendments Are Made in India
The Constitution of India, which is the supreme law of the land, provides a framework for making amendments. The procedure for amending the Constitution is detailed in Article 368. This ensures that the Constitution is both rigid and flexible, allowing necessary changes while preserving its fundamental structure.
Types of Amendments in India
The Constitution can be amended in the following ways:
By a Simple Majority of the Parliament
- These amendments deal with non-federal matters and do not affect the Constitution's core structure.
- Examples include changes to the names of states, formation of new states, or citizenship laws.
By a Special Majority of the Parliament
- Requires a majority of the total membership of each House and a two-thirds majority of members present and voting.
- Used for amending provisions related to fundamental rights, the judiciary, or elections.
By Special Majority with the Ratification of Half the State Legislatures
- Used for amendments that affect the federal structure, such as the distribution of powers between the Centre and states.
- Requires ratification by at least 50% of the state legislatures in addition to a special majority in Parliament.
Procedure for Amendment
The amendment process is as follows:
Introduction of the Bill
- An amendment bill can be introduced in either House of Parliament, but not in state legislatures.
- It can be introduced by a minister or a private member.
Debate and Voting
- The bill is debated and must pass in both Houses of Parliament by the required majority (simple, special, or special with state ratification).
Ratification by State Legislatures (if required)
- When the amendment affects the federal structure, it must be ratified by at least half the state legislatures.
Presidential Assent
- After passing the required stages, the bill is sent to the President for assent.
- The President cannot withhold assent.
Notification and Implementation
- Once the President signs the bill, it becomes part of the Constitution and is implemented through a government notification.
Key Features of the Amendment Process
- Flexibility: Simple majority amendments make minor changes easier.
- Rigidity: Special majority and state ratification ensure careful consideration for major changes.
- Judicial Review: Amendments are subject to judicial review to ensure they do not alter the Constitution's basic structure, as established in the Kesavananda Bharati Case (1973).
Examples of Major Amendments
- First Amendment (1951): Empowered the state to make laws for social justice and land reform.
- 42nd Amendment (1976): Known as the "Mini-Constitution," it added the words "Socialist," "Secular," and "Integrity" to the Preamble.
- 73rd Amendment (1992): Granted constitutional status to Panchayati Raj Institutions.
- 103rd Amendment (2019): Provided a 10% reservation for the Economically Weaker Sections (EWS).
The amendment process in India balances adaptability with stability, ensuring that the Constitution evolves with time while maintaining its core principles. By accommodating changing societal needs and protecting the federal structure, the process upholds the vision of the Constitution's framers
Articles and Amendments in the Indian Constitution
The Constitution of India, adopted on 26th November 1949, originally consisted of 395 Articles divided into 22 Parts and 8 Schedules. Over the years, amendments have been made to keep the Constitution relevant to changing needs.
Current Number of Articles in the Indian Constitution
As of 2024, the Indian Constitution has been expanded and currently includes:
- 448 Articles
- Divided into 25 Parts
This expansion has occurred through various amendments and reorganization of existing Articles.
Current Number of Amendments in the Indian Constitution
As of 2024, the Constitution has been amended 106 times.
- The 106th Amendment Act (2023) is the latest, which restored the power of states to identify and notify backward classes.
Summary Table
Original | Current (2024) |
---|---|
Articles: 395 | Articles: 448 |
Parts: 22 | Parts: 25 |
Schedules: 8 | Schedules: 12 |
Amendments: 0 | Amendments: 106 |
Key Highlights
- Expansion of Parts: New parts have been added, such as Part IX (Panchayati Raj) and Part IXA (Municipalities).
- Addition of Schedules: The number of schedules increased from 8 to 12, covering topics like languages, land reforms, and urban planning.
- Important Amendments:
- 42nd Amendment (1976): Made significant changes to the Constitution, earning the nickname "Mini-Constitution."
- 73rd and 74th Amendments (1992): Strengthened local self-governance.
The Indian Constitution remains one of the world's longest and most dynamic constitutions.
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