Important Amendments of Indian Constitution

Major Amendments of the Indian Constitution

Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (article 368) of the Constitution of India.

In the Kesavanand Bharati case of 1973, the Supreme Court ruled that the Parliament could not change certain provisions which constitute the basic constitutional framework.

1st Amendment Act, 1951-

Empowered the State to make special provisions to advance socially and economically backward classes.

The ninth schedule was added by the first amendment of the Indian Constitution. The Schedule contains a list of central and state laws which cannot be challenged in courts. Currently, 284 such laws are shielded from judicial review.

7th Amendment Act, 1956-

Implementing the State Reorganisation Committee recommendations, and implementing 1956, State Reorganisation Act. Linguistic reorganisation of States was implemented and Class A, B, C, and D were discontinued.

The provision of having a common High Court for two or more states was introduced.

A provision making it possible to appoint the same person as Governor for two or more States has been added to article 153.

9th Amendment Act, 1960-

Facilitated the cession to Pakistan of the Berubari Union Indian territories (located in West Bengal) as provided for in the Indo-Pakistan Agreement.

The Indus Waters Treaty was signed in 1960 between India and Pakistan and brokered by the World Bank. The treaty fixed and delimited the rights and obligations of both countries concerning the use of the waters of the Indus River system.

13th Amendment Act, 1962-

Formation of Nagaland State, with special protection provided for in Article 371A.

15th Amendment Act, 1963-

Enabled the High Court to issue writs to any person or authority even outside the jurisdiction of its territory if the cause of action arises within its territorial boundaries.

The age of retirement for High Court judges was increased from 60 to 62.

21st Amendment Act, 1967-

The Twenty-first Amendment Act, 1967, amended the Eighth Schedule to the Constitution so as to include Sindhi as one of the languages.

24th Amendment Act, 1971-

Affirmed Parliament’s authority, by amending Articles 13 and 368, to change every aspect of the Constitution including constitutional rights.

Made it obligatory for the President to give his assent, when a Constitution Amendment Bill is presented to him.

The 24th Constitutional Amendment Act was introduced in reaction to the Supreme Court’s Golaknath decision (1967), which ruled that the Parliament has no authority to revoke constitutional freedoms by amending the Constitution.

25th Amendment Act, 1971-

It curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation.

26th Amendment Act, 1971-

Abolished the privy purses and privileges of the former rulers of princely states.

31st Amendment Act, 1973-

The seats in Lok Sabha were increased from 525 to 545.

36th Amendment Act, 1975-

Sikkim was made a full-fledged state of India.

39th Amendment Act, 1975-

The Act places in court the election of a person holding the office of Prime Minister or Speaker to Parliament, and the election of President and Vice-President, beyond challenge. It was passed during the Emergency of 1975–1977.

The State of Uttar Pradesh V. Raj Narain was a 1975 case heard by the Allahabad High Court that found the Prime Minister of India Indira Gandhi guilty of electoral malpractices. The amendment was a reaction to this case.

42nd Amendment Act, 1976-

The 42nd Amendment of Indian Constitution is the most comprehensive amendment to the Constitution and carried out major changes. It is also known as “mini constitution”.

In the Preamble, three additional terms (i.e. socialist, secular, and integrity) were included.

A new Part IVA containing article 51A was added to provide lists of fundamental duties of the citizens.

44th Amendment Act, 1978-

Replaced the term ‘internal disturbance’ with the term ‘armed rebellion’ concerning the national emergency.

Removed the right to property from the list of fundamental rights. A new provision, Article 300-A, was added to the constitution, which provided that “no person shall be deprived of his property save by authority of law”.

Provided that, during a national emergency, the fundamental rights guaranteed by Articles 20 and 21 can not be suspended.

52nd Amendment Act, 1985-

Provided for disqualification on the ground of defection of parliamentary members and state legislatures, and added a new Tenth Schedule containing the details in this regard.

The Act made defection of another party unlawful after elections. Any member who defects after elections to another party will be disqualified from being a member of parliament or a legislature of the state.

55th Amendment Act, 1987-

Grants Statehood to Arunachal Pradesh which consequently became the 24th State of the Indian Union.

56th Amendment Act, 1987-

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

61st Amendment Act, 1989-

The voting age was decreased from 21 to 18 for both Lok Sabha and Legislative Assemblies elections.

65th Amendment Act, 1990-

A multi-member National Commission for SC/ST was established under article 338 (for SC) and article 338A (for ST).

69th Amendment Act, 1991-

The 69th amendment to the Constitution of India, inserted Article 239AA, which declared the Union Territory of Delhi to be formally known as National Capital Territory of Delhi and the administrator thereof appointed under Article 239 to be designated as Lieutenant Governor.

70th Amendment Act, 1992-

Before this act was made, Article 54 relating to the election of the President provided for an electoral college consisting only of the elected members of Parliament as well as the legislative assemblies of the States (not of Union Territories). The amendment provides for the inclusion of members of the legislature of Pondicherry and Delhi.

71st Amendment Act, 1992-

Konkani, Manipuri and Nepali languages were included in the Eighth Schedule of the Constitution.

73rd Amendment Act, 1992-

Panchayati Raj institutions were given constitutional status. A new Part-IX and 11th Schedule were added in the Indian Constitution to recognize Panchayati Raj Institutions and provisions related to them.

Ensured direct election to all seats in Panchayats; to reserve seats for SCs and STs in proportion to their population; and for reservation of not less than one-third of the seats in Panchayats for women.

74th Amendment Act, 1992-

Urban local bodies were granted constitutional status. A new Part IX-A and 12th Schedule were added to the Indian Constitution.

86th Amendment Act, 2002-

Elementary Education was made a fundamental right in Part III and an article 21A was added which affirms free and compulsory education to children between 6 and 14 years.

It made education for all children below 6 years a Directive Principle for State Policy (DPSP) under article 45 which says that the state shall endeavour to provide early childhood education and care for all children upto 6 years of age.

A new Fundamental Duty under Article 51A was also 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 six and fourteen years.”

One of the most critical changes, with the aid of government support, the government forced private schools to accept 25 per cent of their class size from socially vulnerable or deprived classes in society by a random allocation process. This move was taken to seek to offer quality education to everyone.

89th Amendment Act, 2003-

Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies, namely, National Commission of SCs (Article- 338) and National Commission of STs (338-A).

91st Amendment Act, 2004-

Limiting the size of the Council of Ministers at the Centre and the States to no more than 15 percent of the numbers in the Lok Sabha or the State Legislature, came into effect. There are 543 MPs in the Lok Sabha, which means there can be 81 ministers.

92nd Amendment Act, 2004-

Bodo, Dogri, Maithili and Santhali were added in the Eighth schedule of the constitution, thus increasing the number of official languages from 18 to 22.

93rd Amendment Act, 2006-

Provided for 27 percent reservation for other backward classes in government as well as private higher educational institutions.

95th Amendment Act, 2009-

Extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2020 (article 334).

96th Amendment Act, 2011-

Replaced Odia for Oriya in the 8th schedule of Indian Constitution.

97th Amendment Act, 2011-

Co-operative Societies were granted constitutional status. A new Directive Principle of State Policy (Article 43-B) to promote cooperative societies. A new part IX-B was added in the constitution for cooperative societies.

100th Amendment Act, 2015-

Exchange of other enclave lands with Bangladesh. Conferring citizenship rights to enclave residents arising from the signing of the Treaty of Land Boundary Agreement between India and Bangladesh.

101st Amendment Act, 2016-

Introduced a national Goods and Services Tax (GST) in India from 1 July 2017. It replaced all indirect taxes levied on goods and services by the Indian Central and state governments.

102nd Amendment Act, 2018-

Granted the National Commission Backward Classes (NCBC) constitutional status. It seeks to insert into the constitution a new Article 338B which provides for NCBC, its mandate, composition, functions, and various officers.

103rd Amendment Act, 2019-

Introduces 10% reservation for Economically Weaker Sections (EWS) of society for admission to Central Government-run educational institutions and private educational institutions, and for employment in Central Government jobs.

104th Amendment Act, 2020-

Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy years to Eighty years and also removed the reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies.