Constitutional Amendments: List of Amendments to our Indian Constitution

'To improve is to change; to be perfect is to change often.'

- Winston Churchill

These words by Winston Churchill highlights the importance of a Constitution that can change and adapt. For India, the world's largest democracy, the Constitution is not just a legal document but a living testament to its commitment to justice, equality, and liberty. Since its adoption on January 26, 1950, the Indian Constitution has undergone a series of amendments, as a response to changing times.

Constitutional amendments by Parliament play a pivotal role in shaping the future of a country. It simply means the process of making changes to the Constitution under Article 368 of Part XX of our Indian Constitution.

The best way to understand the nature of the constitutional amendment process is to use Pandit Nehru’s insight that the Constitution shouldn’t be so rigid that it can’t be modified to meet changing requirements for national progress and strength.

So, let's discuss the list of amendments made under Indian Constitution along with the amendment procedure in detail.

What is Article 368 of Indian Constitution?

Article 368 of Part XX of the Indian Constitution provides for two types of amendments.

• By a special majority of Parliament
• By a special majority of the Parliament with the ratification by half of the total states

Amendments as per Article 368

1. Introduction in the Parliament: First, the bill for a change, called an amendment, has to be introduced in one of the two Houses of India's Parliament, state legislatures cannot interfere. The President’s previous approval is not mandatory for either a ministry or a private member to present the measure.

2. Special Majority Needed: To actually make the constitutional amendment happen, the bill must be passed in each House separately by special majority (many MPs need to agree in each House). That is; it's not a simple majority, it has to be more than half of all the members in Parliament and two-thirds of the ones who are present and voting on the day they talk about it.

3. Two Houses, Two Approvals: The bill has to be accepted by both the Houses of Parliament, the Rajya Sabha and the Lok Sabha. In case of any disagreement, there's no provision for them to come together with the help of a joint session and make it happen.

4. Ratification by State Legislatures, when needed: If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting (more than 50%).

5. Bill presented before the President: After duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the President for assent.

6. President's Final Say: Once both the Houses of Parliament agree, the bill goes to the President. The President has to say "yes" to it. He is unable to refuse to sign the law or send it back for the Parliament to reconsider.

7. Bill Becomes a Law: When the President says "yes," the bill becomes a law, called a constitutional amendment act. This means the Constitution changes according to the new rules in this law.

Also read The 105th Amendment of Indian Constitution

Types of Constitutional Amendments

1. Examples of Simple Majority Amendment in Constitution

Under this category, amendments such as the admission of a new state under article 2, Schedule IV, and article 11, among other things, may be made.

2. Examples of Amendment requiring Special Majority in Constitution

Certain provisions of the Constitution may be modified by a special majority. The Instances are as follows:

• Passing of constitutional amendment without harming the basic structure of The Indian Constitution.
• Removal of Judges from High Court or Supreme Court.
• National Emergency.
• Removing the chief Election Commissioner.
• Removing the Comptroller and Auditor General of India (CAG).

3. Examples of Amendment requiring Special Majority with Ratification from State Assemblies 

Some provisions require a special majority from the Parliament as well as ratification from half of the State Assemblies. Such provisions include: election of President, Supreme Court and High Courts, representation of states in Parliament, distribution of legislative powers between the Union and the states, and the extent of executive power of the Union and the states.

What are the limitations on the amending powers of the Parliament?

• In the landmark Kesavananda Bharati case of 1973, the Supreme Court ruled that Parliament possesses the authority to amend any part of the constitution, but it cannot alter the 'basic structure of the constitution'.

• The ingredients of the basic structure are not clearly defined by the court. However, it has been interpreted to include provisions like the values enshrined in the Preamble, such as secularism, equality as well as concepts like federalism, separation of powers, an independent judiciary, the rule of law, and so on.

List of all Amendments in Indian Constitution 

The table below provides the list of all the amendments until now made to our Indian Constitution. That is; 105 amendments in total.

Note: The amendments marked in bold are the most important from competitive exam's point of view.

Conclusion

In conclusion, the amendments made to the Indian Constitution represent the nation's ability to adapt and evolve in response to changing times and circumstances. From its inception, India's Constitution has been a dynamic document, reflecting the country's commitment to upholding the values of justice, equality, and liberty.

While the process of amending the Constitution is rigorous and thoughtful, it is essential to ensure that the fundamental principles enshrined in the Preamble, such as secularism, equality along with the concepts like federalism, and the rule of law, remain intact. These amendments have not only refined the Constitution but have also strengthened India's democracy, reinforcing the idea that the nation continues to strive for a just and inclusive society. 

Competitive Exam Questions on Constitutional Amendments

Question 1: Which legislative body in India can initiate the process of amending the Constitution?

A) State legislatures

B) The President

C) Rajya Sabha

D) Parliament

Question 2: What majority is required for a constitutional amendment bill to pass in both houses of Parliament?

A) Simple majority

B) Two-thirds majority of members present and voting

C) Majority of the entire membership of the house

D) Absolute majority

Question 3: In the Kesavananda Bharati case, the Supreme Court ruled that Parliament cannot alter the "basic structure of the Constitution." What is included in the basic structure?

A) The number of states in India

B) Fundamental rights

C) The official languages of India

D) The composition of the President's Council of Ministers

Question 4: What happens after a constitutional amendment bill is approved by both houses of Parliament?

A) It goes to the President for approval

B) It goes to the Prime Minister for final review

C) It is automatically enacted as an amendment

D) It is sent to the Supreme Court for validation

Question 5: Which part of the Indian Constitution reflects the values and principles that are considered part of the "basic structure"?

A) Directive Principles of State Policy

B) Fundamental Duties

C) Preamble

D) Schedule of Amendments

Answers

1. D) Parliament

2. B) Two-thirds majority of members present and voting

3. B) Fundamental rights

4. A) It goes to the President for approval

5. C) Preamble