What is Amendment to the Constitution? Full list of Amendments

24 Sep 2024  Read 263 Views

Do you know why the Indian Constitution is called a living document? Because the Constitution can be amended and changed to meet the needs of society. Keep in mind that the Constitution is not static and is not the final word on everything. It's a dynamic document that evolves over time to suit the needs of society and bring about transformation

Before we begin, remember that the nature of the Indian Constitution is neither rigid nor flexible. Because the process of amending it is not as easy as in the UK (where the constitution can be changed with a simple majority), but it is not as difficult as in the USA (where special provision is needed for amendment).

Understand that the word 'amendment' means making a change in a text. This change can be in the form of an addition, deletion, variation, modification or repeal of the text. In this blog we will learn everything about the Constitutional amendment, its provisions, types of amendments, and procedure for amending the Constitution with a complete list of 106 amendments. Let's begin!

Constitutional Provision for Amendment

Article 368 of the Indian Constitution deals with the amendment. This article provides 3 components:-

  • It gives Parliament the power to amend the Constitution (Clause 1).

  • It provides the procedure for amendment of the Constitution (Clause 2).

  • It includes certain limitations which exist upon the amending power of the Parliament (Clause 3).

The text of Article 368:-

“ PART XX

   AMENDMENT OF THE CONSTITUTION

Article 368. Power of Parliament to amend the Constitution and procedure therefore

  1. Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

  2. An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:

Provided that if such amendment seeks to make any change in--

  1. article 54, article 55, article 73, article 162 or article 241, or

  2. Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

  3. any of the Lists in the Seventh Schedule, or

  4. the representation of States in Parliament, or

  5. the provisions of this article.

the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent.

(3) Nothing in article 13 shall apply to any amendment made under this article.

(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of section 55 of the Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any ground.

(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article."

Note: Clauses (4) and (5) were held unconstitutional in Minerva Mills Ltd. & Ors. v Union of India 1980.

Ways to Amend the Constitution

Before we get into the amendment, it is necessary for us to understand that every constitutional provision cannot be amended in a similar way. There are 3 ways in which constitutional provisions can be amended. They are as follows:-

Aspect

Simple Majority

Special Majority (u/ Art. 368)

Special majority and ratification by States (u/ Art. 368)

Meaning

50% of members present and voting



 

More than 50% of the total members of each House and by majority of 2/3rd of the members present and voting

Special Majority (2/3rd) of Parliament, along with consent of half of the state legislatures by Simple Majority

Examples

  • Formation of new states: Creation of Telangana as new state in 2014 (Art. 3)

  • Abolition/ creation of Legislative Councils: Abolition of the Legislative Council in the Legislative Assembly of Jammu and Kashmir in 2019  (Art. 169) 

  • Fundamental Rights: 103rd Constitutional Amendment 2019 for 10% reservation for EWS (Art. 15)

  • Directive Principles of State Policy (Art. 36-51)


 

The list is given in proviso to clause (2) of Article 368.

  • Election of the President (Art. 55)

  • Extent of executive power of Union & States (Art 73, Art 162)

  • Supreme Court & High Courts: 99th Constitutional Amendment Act 2015 for formation of National Judicial Appointments Commission.

  • Article 368 itself

Comments

Amendment of these provisions is expressly excluded from the purview of Article 368

An ordinary bill is introduced for the amendment of these provisions.

All other provisions that are not covered by the Simple majority & Special majority and ratification by States.

These provisions relate to the federal structure of the Constitution

The bill is passed once half of the states give their consent; unanimous approval is not required.

Note: Article 368 is not a source of Unlimited amending power.

What is the Procedure for Amendment?

The procedure for amendment is as follows:-

  • A Constitutional Amendment can only be initiated through a bill in either house of Parliament. The bill can be introduced by either a minister or a private member.

  • States can't initiate the amendment, and no prior permission from the President is required to introduce the bill.

  • The bill has to be passed by each of the houses separately.

  • In case there is a deadlock over the bill, there is no provision for holding a joint sitting of the two houses for the purpose of deliberation and passage of the bill.

  • The procedure for passing the bill depends on which constitutional provisions are being amended. For ex., if the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by at least half of the state legislatures with a simple majority.

  • After being passed by both houses and ratified by states (if necessary), the bill is sent to the President for assent.

  • The president must give assent to the bill and cannot withhold his assent or return it for reconsideration by Parliament.

  • After the President's assent, the bill becomes an Act (e.g., the Constitutional Amendment Act), and amends the Constitution accordingly.

amendment procedure as per the constitution

Is judicial review of the Constitutional Amendments possible?

Yes, judicial review of Constitutional Amendments is possible. Courts have exercised this power since the first constitutional amendment and judicial review is considered a basic feature of the Indian Constitution.

Scope of the amending power of Parliament under Article 368

Parliament's power to amend the Constitution under Article 368 is subject to 2 limitations:

a. Procedural Limitation:
The Constitutional Amendment Act must meet 2 procedural requirements of Article 368, which include::-

I. That it should have been passed by the special majority provided in Article 368.
II. That it should have been ratified by the legislatures of the specified number of States.

b. Substantive Limitation:
These limitations were created in Kesavananda Bharati v State of Kerala (1973), where the Supreme Court imposed 2 key limitations:-
I. While exercising its power to 'amend', Parliament cannot alter the 'basic structure'/  'fundamental features' of the Indian Constitution. The word 'amend' implied that even after amendment, the identity of the original Constitution must not change.
II. Parliament cannot delegate its power to amend to some other body either directly or indirectly.

Clat PG 2025

Chronological List of Constitutional Amendments

No. 

Amendments

Enforced since

Objectives

1st

Amend articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.

Insert articles 31A and 31B.

Insert schedule 9

18 June 1951

To fully secure the constitutional validity of zamindari abolition laws and to place reasonable restrictions on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law.

This was to empower the state to undertake affirmative action for the advancement of any socially and economically backward classes or categories of Scheduled Castes and Scheduled Tribes by restricting the application of fundamental rights.

Also added is the 9th Schedule to shield acts of the government from acquiring property as not discriminatory and excluding judicial review on acts listed in the 9th Schedule.

2nd

Amend article 81(1)(b).

1 May 1953

Removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b).

Readjustment of the scale of representation in the Lok Sabha by providing that 1 member could represent even more than 7,50,000 persons.

3rd

Amend schedule 7.

22 February 1955

Re-enacted entry 33 of the Concurrent List in the Seventh Schedule with relation to include trade and commerce in, and the production, supply and distribution of 4 classes of essential commodities, viz., foodstuffs, including edible oil seeds and oils; cattle fodder, including oilcake and other concentrates; raw cotton whether ginned or unginned, and cotton seeds; and raw jute.

4th

Amend articles 31, 31A, and 305.

Amend schedule 9.

27 April 1955

Restrictions on property rights and inclusion of related bills in Schedule 9 

5th

Amend article 3.

24 December 1955

Empowered the President to prescribe a time limit for a State Legislature to convey its views on proposed Central laws relating to the formation of new States and alteration of areas, boundaries or names of existing States. Also permitted the President to extend the prescribed limit.

6th

Amend articles 269 and 286.

Amend schedule 7.

11 September 1956

Amend the Union List and State List with respect to raising of taxes.

This amendment holds that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury"

7th

Amend articles 1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231 and 232.

Insert articles 258A, 290A, 298, 350A, 350B, 371, 372A and 378A.

Amend part 8.

Amend schedules 1, 2, 4 and 7.

1 November 1956

Reorganisation of states on linguistic lines, abolition of Class A, B, C, D states and introduction of Union territories.

8th

Amend article 334.

5 January 1960

Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and Anglo-Indians in the Lok Sabha and the State Legislative Assemblies till 1970.

9th

Amend schedule 1.

28 December 1960

Minor adjustments to territory of Indian Union consequent to agreement with Pakistan for settlement of disputes by demarcation of border villages, etc.

Indo-Pak Agreement 1958: Cession of Indian territory of Berubari Union (West Bengal) to Pakistan

10th

Amend article 240.

Amend schedule 1.

11 August 1961

Incorporation of Dadra and Nagar Haveli as a Union Territory, consequent to acquisition from Portugal.

11th

Amend articles 66 and 71.

19 December 1961

Election of Vice President by Electoral College consisting of members of both Houses of Parliament, instead of election by a Joint Sitting of Parliament. Indemnify the President and Vice President Election procedure from challenge on grounds of existence of any vacancies in the electoral college.

12th

Amend article 240.

Amend schedule 1.

20 December 1961

Incorporation of Goa, Daman and Diu as a Union Territory, consequent to acquisition from Portugal.

13th

Amend article 170.

Insert new article 371A.

1 December 1962

Special protection under Article 371A for newly create State of Nagaland.

14th

Amend articles 81 and 240.

Insert article 239A.

Amend schedules 1 and 4.

28 December 1962

Incorporation of Pondicherry into the Union of India and creation of Legislative Assemblies for Himachal Pradesh, Tripura, Manipur and Goa.

By this Amendement, Pondicherry was included in the 1st Schedule as a Union Territory.

15th

Amend articles 124, 128, 217, 222, 224, 226, 297, 311 and 316.

Insert article 224A.

Amend schedule 7.

5 October 1963

Raise retirement age of High Court judges from 60 to 62 and other minor amendments for rationalising interpretation of rules regarding judges etc.

16th

Amend articles 19, 84 and 173.

Amend schedule 3.

5 October 1963

Make it obligatory for seekers of public office to swear their allegiance to the Indian Republic and prescribe the various obligatory templates.

17th

Amend article 31A.

Amend schedule 9.

20 June 1964

To secure the constitutional validity of acquisition of Estates and place land acquisition laws in Schedule 9 of the constitution.

18th

Amend article 3.

27 August 1966

Technical Amendment to include Union Territories in Article 3 and hence permit reorganisation of Union Territories.

19th

Amend article 324.

11 December 1966

Abolish Election Tribunals and enable trial of election petitions by regular High Courts.

20th

Insert article 233A.

22 December 1966

Indemnify & validate judgments, decrees, orders and sentences passed by judges and to validate the appointment, posting, promotion and transfer of judges barring a few who were not eligible for appointment under article 233. Amendment needed to overcome the effect of judgment invalidating appointments of certain judges in the state of Uttar Pradesh.

21st

Amend schedule 8.

10 April 1967

Include Sindhi as an official language.

22nd

Amend article 275.

Insert articles 244A and 371B.

25 September 1969

Provision to form Autonomous states within the State of Assam.

23rd

Amend articles 330, 332, 333 and 334.

23 January 1970

Discontinued reservation of seats for the Scheduled Tribes in Nagaland, both in the Lok Sabha and the State Legislative Assembly and stipulated that not more than one Anglo-Indian could be nominated by the Governor to any State Legislative Assembly. Extend reservation for SCs and STs and Anglo-Indian members in the Lok Sabha and State Assemblies for another ten years, i.e. up to 1980.

24th

Amend articles 13 and 368.

5 November 1971

Article 13(4) added. Enable Parliament to dilute Fundamental Rights through amendments to the Constitution.

It was made compulsory for the President to give consent to the Constitution Amendment Bill.

Article 13(4), which was inserted by the 24th Amendment Act 1971, states that a Constitution Amendment Act passed according to Article 368 of the Indian Constitution is a law within the meaning of Article 13 and would accordingly be void if it contravenes a fundamental right. This amendment was declared void in Minerva Mills v UOI 1980

25th

Amend article 31.

Insert article 31C.

8 December 1971

Restrict property rights and compensation in case the state takes over private property.

However, the Supreme Court quashed a part of Article 31C (4) to the extent that it took away the power of judicial review. This was done in the landmark case of Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, which enunciated the basic structure doctrine for the first time.

26th

Amend article 366.

Insert article 363A.

Remove articles 291 and 362.

28 December 1971

Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.

27th

Amend articles 239A and 240.

Insert articles 239B and 371C.

(i)30 December 1971 & (ii) 15 February 1972

Reorganisation of Mizoram into a Union Territory with a legislature and council of ministers.

28th

Insert article 312A.

Remove article 314.

29 August 1972

Rationalise Civil Service rules to make it uniform across those appointed prior to Independence and post Independence.

29th

Amend schedule 9.

9 June 1972

'Kerala land reform acts' and amendments to these act placed under Schedule 9 of the constitution.

30th

Amend article 133.

9 June 1972

Change the basis for appeals in Supreme Court of India in case of Civil Suits from value criteria to one involving substantial question of law.

31st

Amend articles 81, 330 and 332.

17 October 1973

Increase size of Parliament from 525 to 545 seats. Increased seats going to the new states formed in North East India and minor adjustment consequent to 1971 Delimitation exercise.

32nd

Amend article 371.

Insert articles 371D and 371E.

Amend schedule 7.

1 July 1974

Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh.

Supreme Court in P. Sambamurthy v. State of Andhra Pradesh 1987 SCC (1) 362 held clause (3) and (5) along with its Proviso of Article 371D as unconstitutional and void. It was found to be violative of basic structure doctrine, against the concept of justice and the principle of the rule of law.

33rd

Amend articles 101 and 190.

19 May 1974

Prescribes procedure for resignation by members of parliament and state legislatures and the procedure for verification and acceptance of resignation by house speaker.

34th

Amend schedule 9.

7 September 1974

Place land reform acts and amendments to these act under Schedule 9 of the constitution.

35th

Amend articles 80 and 81.

Insert article 2A.

Insert schedule 10.

1 March 1975

Terms and Conditions for the Incorporation of Sikkim into the Union of India.

36th

Amend articles 80 and 81.

Insert article 371F.

Remove article 2A.

Amend schedules 1 and 4.

Remove schedule 10.

26 April 1975

Formation of Sikkim as a State within the Indian Union.

The status of Sikkim as a protectorate state was terminated and Sikkim was given the status of ‘Associate State’ of India by the 35th Amendment. Later Sikkim was made a full-fledged state of India by the 36th Amendment.

37th

Amend articles 239A and 240.

3 May 1975

Formation of Arunachal Pradesh legislative assembly.

38th

Amend articles 123, 213, 239B, 352, 356, 359 and 360.

1 August 1975

Enhances the powers of President and Governors to pass ordinances.

39th

Amend articles 71 and 329.

Insert article 329A.

Amend schedule 9.

10 August 1975

Amendment designed to negate the judgement of Allahabad HC in State of Uttar Pradesh v. Raj Narain 1975 SCR (3) 333 invalidating PM Indira Gandhi's election to parliament. Amendment placed restrictions on judicial scrutiny of post of Prime Minister. Irrespective of electoral malpractice, no case can be filed against president, vice president, speaker of lok sabha and prime minister.

In Indira Nehru Gandhi v. Raj Narain 1976 (2) SCR 347, the 39th amendment was removed for being in violation of basic structure. and the Doctrine of Basic Structure was reinforced from the Kesavananda Bharati v. State of Kerala case.

40th

Amend article 297.

Amend schedule 9.

27 May 1976

Enable Parliament to make laws with respect to Exclusive Economic Zone and vest the mineral wealth with Union of India.

Place land reform & other acts and amendments to these act under Schedule 9 of the constitution.

41st

Amend article 316.

7 September 1976

Raise Retirement Age Limit of Chairmen and Members of Joint Public Service Commissions and State Public Service Commissions from sixty to sixty two. No case can be filed against prime minister, governor, president, even after they demit office (which was later struck down by supreme court)

42nd

Amend articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371F.

Insert articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A.

Insert parts 4A and 14A.

Amend schedule 7.

3 January, 1 February & 1 April 1977

Amendment passed during internal emergency by Indira Gandhi. Provides for curtailment of fundamental rights, imposes fundamental duties and changes to the basic structure of the constitution by making India a "Sovereign Socialist Secular Democratic Republic".

The 42nd Amendment aka Mini Constitution:-

  1. Changed the description of India from a "sovereign democratic republic" to a "sovereign, socialist secular democratic republic", and also changed the words "unity of the nation" to "unity and integrity of the nation".

  2. Precedence to directive principles over fundamental rights (later abolished by 43rd and 44th Amendments)

  3. Fundamental duties are included

  4. A constitutional amendment should not be questioned in any court

  5. Lok Sabha term increased from 5 to 6 years

Later, the Supreme Court, in Minerva Mills v. Union of India 1980, quashed the amendments to Articles 31C and 368 as they violated the Constitution's basic structure.

43rd

Amend articles 145, 226, 228 and 366.

Remove articles 31D, 32A, 131A, 144A, 226A and 228A.

13 April 1978

The amendment passed after revocation of internal emergency in the Country. Repeals some of the more 'Anti-Freedom' amendments enacted through Amendment Bill 42.

44th

Amend articles 19, 22, 30, 31A, 31C, 38, 71, 74, 77, 83, 103, 105, 123, 132, 133, 134, 139A, 150, 166, 172, 192, 194, 213, 217, 225, 226, 227, 239B, 329, 352, 356, 358, 359, 360 and 371F.

Insert articles 134A and 361A.

Remove articles 31, 257A and 329A.

Amend part 12.

Amend schedule 9.

20 June, 1 August & 6 September 1979

Amendment passed after revocation of internal emergency in the Country.

Article 19(1)(f) right to property was omitted. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42.

45th

Amend article 334.

25 January 1980

Extend reservation for SCs and STs and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 1990.

46th

Amend articles 269, 286 and 366.

Amend schedule 7.

2 February 1983

Amendment to negate judicial pronouncements on scope and applicability on Sales Tax.

47th

Amend schedule 9.

26 August 1984

Place land reform acts and amendments to these act under Schedule 9 of the constitution.

48th

Amend article 356.

1 April 1985

Article 356 amended to permit President's rule up to two years in the state of Punjab.

49th

Amend article 244.

Amend schedules 5 and 6.

11 September 1984

Recognise Tripura as a tribal state and enable the creation of a Tripura Tribal Areas Autonomous District Council.

50th

Amend article 33.

11 September 1984

Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover Security Personnel protecting property and communication infrastructure.

51st

Amend articles 330 and 332.

16 June 1986

Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh in Loksabha, similarly for Meghalaya and Arunachal in their Legislative Assemblies.

52nd

Amend articles 101, 102, 190 and 191.

Insert schedule 10.

1 March 1985

Anti Defection Law – Provide disqualification of members from parliament and assembly in case of defection from one party to other.

Para 7 of the 10th Schedule was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article.

53rd

Insert article 371G.

20 February 1986

Special provision with respect to the State of Mizoram.

54th

Amend articles 125 and 221.

Amend schedule 2.

1 April 1986

Increase the salary of Chief Justice of India & other Judges and to provide for determining future increases without the need for constitutional amendment.

55th

Insert article 371H.

20 February 1987

Special powers to Governor consequent to formation of state of Arunachal Pradesh.

56th

Insert article 371I.

30 May 1987

Transition provision to enable formation of state of Goa.

This Amendment confers Statehood on Goa and forms a new Union Territory of Daman and Diu. Goa thus became the 25th State of the Indian Republic.

57th

Amend article 332.

21 September 1987

Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram and Arunachal Pradesh Legislative Assemblies.

58th

Insert article 394A.

Amend part 22.

9 December 1987

Provision to publish authentic Hindi translation of constitution as on date and provision to publish authentic Hindi translation of future amendments.

59th

Amend article 356.

Insert article 359A.

30 March 1988

Article 356 amended to permit President's rule up to three years in the state of Punjab, Articles 352 and Article 359A amended to permit imposing emergency in state of Punjab or in specific districts of the state of Punjab.

60th

Amend article 276.

20 December 1988

Profession Tax increased from a maximum of Rs. 250/- to a maximum of Rs. 2500/-.

61st

Amend article 326.

28 March 1989

Reduce age for voting rights from 21 to 18.

62nd

Amend article 334.

25 January 1990

Extend reservation for SCs and STs and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2000.

63rd

Amend article 356.

Remove article 359A.

6 January 1990

Emergency powers applicable to State of Punjab, accorded in Article 359A as per amendment 59 repealed.

64th

Amend article 356.

16 April 1990

Article 356 amended to permit President's rule up to three years and six months in the state of Punjab.

65th

Amend article 338.

12 March 1992

National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in The Constitution.

66th

Amend schedule 9.

7 June 1990

Place land reform acts and amendments to these act under Schedule 9 of the constitution.

67th

Amend article 356.

4 October 1990

Article 356 amended to permit President's rule up to four years in the state of Punjab.

68th

Amend article 356.

12 March 1991

Article 356 amended to permit President's rule up to five years in the state of Punjab.

69th

Insert articles 239AA and 239AB.

1 February 1992

To provide for a legislative assembly and council of ministers for National Capital Territory of Delhi. Delhi continues to be a Union Territory.

70th

Amend articles 54 and 239AA.

21 December 1991

Include National Capital Territory of Delhi and Union Territory of Pondicherry in Electoral College for presidential election.

71st

Amend schedule 8.

31 August 1992

Include Konkani, Manipuri and Nepali as official languages.

72nd

Amend article 332.

5 December 1992

Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.

73rd

Insert part 9. Insert schedule 11.

24 April 1992

Statutory provisions for Panchyati Raj as third level of administration in villages.

74th

Insert part 9A, insert schedule 12, amend article 280.

1 June 1992

Statutory provisions for Local Administrative bodies as third level of administration in urban areas such as towns and cities.

This amendment has introduced a new Part IXA, which deals with Municipalities in article 243 P to 243 ZG, aka Nagarpalika Act, which came into force on Ist June 1993.

75th

Amend article 323B.

15 May 1994

Provisions for setting up Rent Control Tribunals.

76th

Amend schedule 9.

31 August 1994

Enable continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under 9th Schedule of the constitution.

77th

Amend article 16.

17 June 1995

A technical amendment to protect reservation to SCs and STs Employees in promotions.

78th

Amend schedule 9.

30 August 1995

Place land reform acts and amendments to these act under Schedule 9 of the constitution.

79th

Amend article 334.

25 January 2000

Extend reservation for SCs and STs and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2010.

80th

Amend articles 269 and 270.

Remove article 272.

9 June 2000

Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and the centre.

81st

Amend article 16.

9 June 2000

Protect SCs and STs reservation in filling backlog of vacancies.

82nd

Amend article 335.

8 September 2000

Permit relaxation of qualifying marks and other criteria in reservation in promotion for SCs and STs candidates.

83rd

Amend article 243M.

8 September 2000

Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj institutions.

84th

Amend articles 55, 81, 82, 170, 330 and 332.

21 February 2002

Extend the usage of 1971 national census population figures for statewise distribution of parliamentary seats.

85th

Amend article 16.

4 January 2002

A technical amendment to protect Consequential seniority in case of promotions of SCs and STs Employees.

86th

Amend articles 45 and 51A.

Insert article 21A.

12 December 2002

Provides Right to Education until the age of fourteen.

This Amendment Act makes the right to education a fundamental right for all children under the age of 6-14 by inserting Article 21A. It also provides for follow-up legislation for the Right to Education Bill 2008 and, finally, the Right to Education Act 2009.

87th

Amend articles 81, 82, 170 and 330.

22 June 2003

Extend the usage of 2001 national census population figures for statewise distribution of parliamentary seats.

88th

Amend article 270.

Insert article 268A.

Amend schedule 7.

15 January 2004

To extend statutory cover for levy and utilisation of Service Tax.

89th

Amend article 338.

Insert article 338A.

28 September 2003

The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into The National Commission for Scheduled Castes and The National Commission for Scheduled Tribes.

90th

Amend article 332.

28 September 2003

Reservation in Assam Assembly relating to Bodoland Territory Area.

91st

Amend articles 75 and 164.

Insert article 361B.

Amend schedule 10.

1 January 2004

Restrict the size of council of ministers to 15% of legislative members & to strengthen Anti Defection laws.

92nd

Amend schedule 8.

7 January 2003

Include Bodo, Dogri, Santali and Mathili as official languages.

Total official languages were increased from 18 to 22

93rd

Amend article 15.

20 January 2006

To enable provision of reservation (27%) for Other Backward Class(OBCs) in government as well as private educational institutions.

This Amendment allows the government to make special provisions for the "advancement of any socially and educationally backward classes of citizens", including their admission in aided or unaided private educational institutions.

94th

Amend article 164.

12 June 2006

To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States including Madhya Pradesh and Odisha.

95th

Amend article 334.

25 January 2010

To extend reservation for SCs and STs and nomination of Anglo Indian members in Parliament and State Assemblies for another ten years i.e. up to 2020.

96th

Amend schedule 8.

23 September 2011

Substituted "Odia" in the place of "Oriya".

97th

Amend Art 19 and added Art 43B and Part IXB.

12 January 2012

Added the words "or co-operative societies" after the word "or unions" in Article 19(l)(c) and insertion of article 43B i.e., Promotion of Co-operative Societies and added Part-IXB i.e., The Co-operative Societies. In July 2021 Supreme Court Struck Part of the amendment as it was not ratified by the states.

The amendment objective is to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders.

98th

To insert Article 371J in the Constitution

1 January 2013

To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka Region.

99th

Insertion of new articles 124A, 124B and 124C. Amendments to Articles 127, 128, 217, 222, 224A, 231.

13 April 2015 Struck down on 16 October 2015

Formation of a National Judicial Appointments Commission. 16 State assemblies out of 29 States including Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the President of India to give assent to the bill.

The Supreme Court struck down this amendment in 2015 in Advocates-on-Record Association v. Union of India.

100th

Amendment of First Schedule to the Constitution

31 July 2015

Exchange of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of enclaves consequent to signing of Land Boundary Agreement (LBA) Treaty 1974 between India and Bangladesh.

101st

Addition of articles 246A, 269A, 279A. Deletion of Article 268A.

Amendment of articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368, Sixth Schedule, Seventh Schedule.

1 July 2017

Introduced the Goods and Services Tax.

This amendment allows both the centre and state to levy GST. Before the 2016 amendment, taxation powers were divided between the centre and states. Replaced various central & state taxes like excise duty, service tax, sales tax, entry tax, entertainment tax with GST. Constituted the GST Council.

102nd

Addition of articles 338B, 342A, and Added Clause 26C.

Modification of articles 338, 366.

11 August 2018

Constitutional status to National Commission for Backward Classes

This Commission was established in 1993, but this amendment created NCBC as a constitutional body by Article 338B. Also, the President is allowed to identify backward classes in each state and union territory.

103rd

Amendment to Article 15, added Clause [6],

Amendment to Article 16, added Clause [6].

12 January 2019

A maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. Inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16.

This amendment was challenged in Janhit Abhiyan v Union of India 2019 on basis that reservations cannot a) be based solely on economic criteria and b) exceed the 50% ceiling-limit on reservations, given in Indra Sawhney v. Union of India (1992).

The Janhit Abhiyan case upheld the 103rd Constitutional Amendment, which provides EWS reservations and expanded reservation benefits to cover only the economically disadvantaged

104th

Amend article 334.

25 January 2020

To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies for another 10 years i.e. up to 2030. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies by not extending it further.

The provision was initially supposed to operate for 10 years. But amendments to the provision have extended reservations for SC/ST communities in Lok Sabha and state assemblies to 80 years and for the Anglo-Indian community to 70 years.

Before this amendment, Article 334 was amended 6 times & reservation period was extended to:-

  1. 8th Amendment (1969)— 20 years

  2. 23rd Amendment (1969)— 30 years

  3. 45th Amendment (1980)— 40 years

  4. 62nd Amendment (1989)—50 years

  5. 79th Amendment (1999)— 60 years

  6. 95th Amendment (2009)— 70 years

105th

Amended Article 338B, 342A and 366

10 August 2021

To restore the power of the state governments to identify Other Backward Classes (OBCs) that are socially and educationally backward. This amendment annulled the Supreme Court judgement of 11 May 2021, which had empowered only the Central government for such identification.

This amendment undo the effect of a Supreme Court's verdict on Jaishri Laxmanrao Patil v Chief Minister, Maharashtra (Maratha reservation case) that held, States had lost their power to include or exclude communities in the 'Backward Classes' list after Parliament enacted the 102nd Amendment.

106th

Amended article 239AA.

Insertion of articles 330A, 332A, 334A.

28 September 2023

To reserve one-third of the seats in the Lok Sabha(330A), state legislative assemblies(332A) and Delhi Legislative Assembly(239AA) for women for a period for 15 years after coming effect.(334A)

1st Women's Reservation Bill tabled 81st Constitutional Amendment Bill, aimed to reserve 1/3rd of seats for women in Parliament and state legislatures. But, many MPs, particularly from OBCs community, opposed the Bill.

Important Cases of Constitutional Amendment

1. Shankari Prasad v UOI (1951) 

The Supreme Court held that Parliament's power to amend the Constitution, granted by Article 368, includes the ability to amend the Fundamental Rights provided by Part III of the Constitution.

2. Berubari Union case (1960)

The Supreme Court held that the power to amend the Constitution under Art. 368 gives the Parliament the power to amend Art. 1(3)(c) to include the power to cede national territory.

3. Sajjan Singh v. State of Rajasthan (1965)

The Supreme Court ruled that Article 368 gives Parliament the authority to modify any provision of the Constitution. It was stated that Article 13 only applies to regular legislation and not constitutional amendments, but Article 368 only applies to constitutional law. According to the majority, Parliament has the authority of fundamental rights.

4. Golaknath v. State of Punjab (1967)

The Supreme Court held that the Parliamentary constraint specified in Article 13 does not apply to Fundamental Rights, and that a new Constituent Assembly would be required to modify the Fundamental Rights. Article 368 also specifies the method for amending the Constitution but does not provide Parliament with the authority to do so.

The bench held:

a. Fundamental Rights cannot be taken away by the amending procedure in Article 368.

b. An amendment to the Constitution is 'law' within the meaning of Art. 13(2) and is therefore subject to Part III of the Constitution.

5. Kesavananda Bharti case (1973)

The SC ruled that although the Parliament had the authority to amend any portion of the Constitution, including the Fundamental Rights, the "basic structure of the Constitution could not be abrogated even by a constitutional amendment." This is the legal justification under Indian law for the judiciary's power to invalidate any amendment made by Parliament that conflicts with the Constitution's fundamental principles.

6. Indira Nehru Gandhi v. Raj Narain case (1975)

The Supreme Court used basic structure doctrine to strike down Clause (4) of Article 329-A, which was done by the 39th Amendment in 1975. The court held that it exceeded Parliament's amending power because it damaged the Constitution's basic features.

7. Minerva Mills case (1980)

The Supreme Court held that the theory of unlimited power to amend the Constitution would alienate democracy and create a totalitarian State. Article 368(4) and (5) is unconstitutional because it hampers the Constitution's basic structure. The clause was struck down because it restricted the court's power of judicial review on an amendment.

8. Waman Rao case (1981)

The Court held that the 1st Constitutional Amendment Act of 1951, introducing Articles 31A, 31B, and the 25th Amendment Act, introducing Article 31C, were not unconstitutional and did not damage the basic or essential features or the basic structure of the Indian Constitution.

9. Advocates-on-Record Association v. UOI (2016)

The Supreme Court held that Article 124A, a key provision of the 99th Amendment, undermines judicial independence. Clauses (a) and (b) fail to maintain the judiciary's primacy, and the inclusion of a union minister contradicts the separation of powers. As a result, Article 124A (c) and (d) are unconstitutional, rendering both the 99th Amendment and the National Judicial Appointments Commission Act void.

You can also read Supreme Court's Top 10 Judgements of 2023

About the Author: Anirudh Nikhare | 77 Post(s)

Anirudh did his Bachelor's in Law and has practical experience in IPR, Contracts, and Corporate. He is your go-to legal content writer turning head-scratching legal topics into easy-to-understand gems of wisdom. Through his blog, he aims to empower readers with knowledge, making legal concepts digestible and applicable to everyday life.

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