Important amendments in Indian Constitution

Constitution is supreme in our country. Our Constitution makers put strong efforts to give us a comprehensive and detailed Constitution, they had gone through the Constitution of about 60 countries and borrowed good things from their Constitution as well. Finally, it took 2 years 11 months and 18 days to create the Constitution of India. Our Constitution makers also made scope of amendment in the Constitution according to the future needs. Below you are going to study about important amendments in Indian Constitution.

Accordingly, total 105 amendments are done till now.

Article 368 under part XX of the Constitution deals with the power of parliament to amend the Constitution. Here, in Kesavananda Bharti Vs State of Kerala case (1973), Hon’ble Supreme court ruled that any provision of Indian Constitution can be amended by the Parliament of India provided that such amendment did not change the basic structure of Constitution.

Some of the important constitutional amendments from exams point of view are as :-

1) 1^st amendment act, 1951 :-

a) Ninth schedule was added to protect the land reforms and  and other laws included in this schedule from judicial review.

b) It empowered the state to make some special provisions for the advancement of socially and backward classes.

c) Three more grounds for restrictions on Freedom of speech & expression were added, and these grounds were :

i) Public order

ii) Friendly relations with foreign states

iii) Incitement to an offence

2) 7^th amendment act, 1956 :-

a) It provided for the establishment of a common High court for two or more states.

b) It abolished the already existed classification of states i.e Part A, B, C and D states, on its place they were reorganised into 14 states and 6 union territories.

3) 10^th amendment act, 1961 :- 

Dadra, Nagar and Haveli was incorporated in India as a union territory. Till now, it was under Portuguese control.

4) 12^th amendment act, 1962 : 

Goa, Daman and Diu were incorporated as union territory in the Indian union.

Note :- (Goa, Daman & Diu were under Portuguese till 1961.)

5) 14^th amendment act, 1962 :-

a) Puducherry was incorporated in the Indian union(it was taken from France).

b) Creation of legislative asemblies and council of ministers for union territories of Goa, Daman & Diu, Puducherry, Himachal Pradesh, Tripura and Manipur.

6) 21^st amendment act, 1967 :-

Sindhi language was added as 15^th language in the eight schedule of Indian Constitution.

7) 24^th amenment act, 1971 :-

a) It made compulsory for the President to give his assesnt to the Constitutional amendment bill.

b) It provided that Parliament can amend any part of the Constitution including fundamental rights.

8) 25^th amendment act, 1971 :-

In this fundamental right to property was curtailed.

9) 26^th amendment act, 1971 :-

Abolition of privy purse and privileges of former rulers of princely states.

Note :- These princely states were incorporated in Indian republic after independence.

10) 31^st amendment act, 1972 :-

It increased the Lok Sabha seats from 525 to 545.

Note :- An increase in population of India was revealed in the census of 1971, so that’s why need to increase Lok Sabha seats was felt.

11) 35^th amendment act, 1974 :-

Sikkim was given status of Associate state of India replacing its existing status of protectorate state.

12) 36^th amendment act, 1975 :-

Sikkim was made as a full fledged state of Indian union.

13) 42^nd amendment act, 1976 :-

It was the most comprehensive amendment made so far and also known as “Mini Constitution”. This amendment gave effect to the recommendations of Swaran Singh Committee. Its features are :-

a) It added 3 new words in the Preamble and these words are Socialist, Secular and Integrity.

b) It made the President to bound by the advise of the cabinet.

c) It added 10 fundamental duties of citizens by inserting new part IV-A in the constitution.

d) It transferred five subjects from the state list to the concurrent list, and these five subjects are :

e) It raised the tenure of Lok Sabha & legislative assemblies of state from 5 to 6 years.

f) It added 3 new directive principles i.e

g) It added part XIV-A in the Constitution. It deals with the administrative tribunals and tribunals for other matters.

h) It provided that laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the grounds of violation of Fundamental Rights.

14) 44^th amendment act, 1978 :-

This amendment was done by Janata party government to nullify some of the distortions caused by 42^nd amendment act of 1976. Its provisions are :

a) It empowered the President to send back advice of the cabinet once for reconsideration. But, the reconsidered advice is binding on the president.

b) It made the President to declare national emergency only on the written recommendation of the cabinet.

c) It restored the original tenure of Lok Sabha and state legislative assemblies i.e 5 years.

d) Right to property was deleted as a fundamental right. Now onwards, it is only a legal right.

e) It said that fundamental rights under article 20 & 21 can’t be suspended even during the national emergency.

f) It context of national emergency, the term “internal disturbance” was replaced by “armed rebellion”.

15) 52^nd amedment act, 1985 :-

a) 10^th schedule was added, popularly known as anti-defection law.

b) It provided for the disqualification of members of Parliament and state legislatures on the ground of defection.

16) 61^st amendment act, 1989 :-

It reduced the age of voting from 21 years to 18 years with respect to Lok Sabha & legislative assembly elections.

17) 69^th amendment act, 1991 :-

a) Special status of ‘National capital territory of Delhi’ was given to the union territory of Delhi.

b) It created a 70 members legislative assembly for Delhi as well as 7 members council of ministers for it.

18) 70^th amendment act, 1991 :-

It included members of legistaive assembly of national capital territory of Delhi & Puducherry in the electoral college for the election of President of India.

19) 71^st amendment act, 1992 :-

Konkani, Manipuri and Nepali languages were added in the 8^th schedule of the Constitution.

20) 73^rd amendment act, 1992 :-

a) It granted constitutional status to the Panchayati Raj institutions.

b) For this, 11^th schedule and Part IX was added in the Constitution of India.

21) 74^th amendment act, 1992 :-

a) It granted constitutional status to the urban local bodies.

b) For this, 12^th schedule and Part IX-A was added in the Indian Constitution.

22) 77^th amendment act, 1995 :-

a) It provided for reservation in promotions in government jobs for the schedule castes and schedule tribes.

b) It nullified the Supreme Court’s ruling with respect to reservation in promotions.

23) 86^th amendment act, 2002 :-

a) It made the elementary education a fundamental right. It added article 21-A in the Constitution which provides free and compulsory education to all the children between age of 6 and 14 years.

b) A new fundamental duty under article 51A was added – “It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of 6 & 14 years”.

c) It changed the subject of article 45 in Directive principles.

24) 89^th amendment act, 2003 :-

The national commission for SC(schedule castes) and ST(schedule tribes) was bifurcated into two separate bodies, namely, National commission for Schedule castes and National commission for Schedule tribes.

25) 91^st amendment act, 2003 :-

a) The total number of ministers in the central council of ministers shall not exceed 15% of the total strength of Lok Sabha.

b) The total number of ministers in the council of ministers of a state shall not exceed 15% of total strength of state legislative assembly.

Note :-  Here, number of ministers shall not be less than 12 also (because atleast 12 ministers are required to hold all the portfolios and work effectively.)

c) It further strenghtens the anti-defection laws. As in this amendment, provisions of 10^th schedule(anti-defection law) related to exemption from disqualification in case of split by one-third members of legislature party was deleted. Or, we can say that, now defectors have no more protection on grounds of splits.

26) 92^nd amendment act, 2003 :-

Bodo, Dogri(Dongri), Maithili and Santhali were added in the 8^th schedule of constitution. Now, total official languages were increased from 18 to 22 with this amendment.

27) 93^rd amendment act, 2005 :-

It empowered the state to make special provisions for the socially and educationally backward classes or schedule castes or schedule tribes in government as well as private educational institutions, except the minority educational institutions.

28) 96^th amendment act, 2011 :-

‘Oriya’ language in the 8^th schedule shall be pronounced as “Odia”.

29) 97^th amendment act, 2011 :-

Co-operative societies were granted constitutional status, so for this 3 changes in the Constitution were made as :

a) It made the right to form co-opeartive societies as fundamental right under article 19.

b) It added a new directive principle of state policy i.e to promote co-operative societies under article 43B.

c) It added a new part IX-B in the Constitution for co-operative societies.

30) 100^th amendment act, 2015 :-

a) Exchange of some enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of land boundary agreement treaty between India & Bangladesh.

b) Provisions related to territories of 4 states (Assam, Meghalaya, Tripura & West Bengal) in the first schedule got amended.

31) 101^st amendment act, 2016 :-

It introduced the Goods and Service Tax (GST) in the country. Addition of article 246A, 269A and 279A in the constitution.

32) 102^nd amendment act, 2018 :-

It granted constitutional status to NCBC (National commission for Backward classes).

33) 103^rd amendment act, 2019 :-

It provided for reservation of maximum 10% to economic weaker section(EWS) for the first time in independent India.

a) In it, article 15 (6) was added to provide reservations to EWS for admission to educational institutions, other than minority educational institutions. This amendment aims to provide reservation to those who are not falling in article 15(5) and 15(4) i.e other than SCs, STs and OBCs.

b) Article 16(6) was added to provide reservation to EWS in government jobs or public employment.

34) 104^th amendment act, 2020 :-

a) It extended the reservation of SC(Schedule castes) and ST(Schedule tribes) seats in Lok Sabha and state legislative assemblies for a period of further 10 years.

b) It removed the reserved seats of the Anglo-Indian community in the Lok Sabha and state legislative assemblies.

Note :- Before this amendment, 2 seats of Anglo-Indians were reserved in the Lok Sabha.

35) 105^th amendment act, 2021 :-

a) This amendment restored the power of state governments to identify OBCs(Other backward classes) that are socially and economically backward.

b) This amendment annulled the Hon’ble Supreme Curt’s decision of 11^th May 2021, which empowered only the central government for identification of OBCs.