Important Constitutional Amendments of India Explained

The important constitutional amendments of India are the changes to the Constitution of 1950 that most altered its rights, institutions and balance of power, such as the 1st (1951), 42nd (1976), 44th (1978), 52nd (1985), 61st (1988), 73rd and 74th (1992), 86th (2002), 101st (2017) and 103rd (2019) Amendments. Each was passed under Article 368, which allows Parliament to amend the Constitution by a special majority.

The Indian Constitution has been amended more than a hundred times since it came into force on 26 January 1950, and a small group of these amendments account for much of the change in everyday governance. This guided tour explains what each landmark amendment did, why it was passed and how it shapes India today.

Key Takeaways

• The important constitutional amendments of India are made under Article 368, which requires a special majority in Parliament and, for federal matters, ratification by at least half of the state legislatures.
• The 1st Amendment of 1951 added reasonable restrictions on freedom of speech under Article 19(2) and created the Ninth Schedule to protect land reform laws.
• The 42nd Amendment of 1976, called the mini-Constitution, added the words socialist, secular and integrity to the Preamble and introduced Fundamental Duties.
• The 52nd Amendment of 1985 added the Tenth Schedule, which disqualifies legislators who defect from their political party.
• The 73rd and 74th Amendments of 1992 gave constitutional status to panchayats and municipalities and created the third tier of Indian government.
• The 101st Amendment of 2017 introduced the Goods and Services Tax, and the 103rd Amendment of 2019 introduced a ten per cent reservation for economically weaker sections.

How are the Constitution’s amendments made?

The Constitution of India is amended under Article 368, which lets Parliament add, change or repeal provisions through a bill passed by a special majority. A bill to amend the Constitution can be introduced only in Parliament and not in a state legislature, and it needs a majority of the total membership of each House and a two-thirds majority of the members present and voting.

Amendments to federal features of the Constitution need the further approval of at least half the state legislatures. These features include the election of the President, the extent of the executive and legislative powers of the Union and the states, the representation of states in Parliament, the Supreme Court and the High Courts. After Parliament and (where needed) the states have approved it, the President gives assent, and the amendment takes effect.

Some provisions can be changed by a simple majority and are not treated as amendments under Article 368. These include the creation of new states under Article 3 and the creation of state legislative councils under Article 169.

Is there any limit on the power to amend the Constitution?

There is a limit on the power to amend the Constitution, known as the basic structure doctrine. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held by a majority of 7 to 6 that Parliament can amend any part of the Constitution but cannot destroy its basic structure.

The judgment followed a series of earlier decisions. In Shankari Prasad (1951) and Sajjan Singh (1965), the Court held that Parliament could amend even Fundamental Rights. In Golaknath v. State of Punjab (1967), the Court reversed this position and held that Fundamental Rights could not be amended. Parliament responded with the 24th Amendment of 1971, which confirmed its power to amend any provision, and the Kesavananda decision then settled the question by stating that the power exists but has an outer limit.

The elements of the basic structure have been listed by the courts over time. They include the supremacy of the Constitution, the rule of law, judicial review, the separation of powers, secularism, federalism, free and fair elections and the sovereign, democratic and republican character of the nation. In Minerva Mills v. Union of India (1980), the Court struck down parts of the 42nd Amendment that tried to remove judicial review.

What did the 1st Amendment of 1951 change?

The 1st Amendment of 1951 added reasonable restrictions on freedom of speech, introduced special provisions for backward classes and protected land reform laws through the Ninth Schedule. It was the first amendment to the Constitution and was passed by the Provisional Parliament under Prime Minister Jawaharlal Nehru.

• Article 19(2) was changed to allow reasonable restrictions on speech in the interest of public order, friendly relations with foreign states and incitement to an offence.
• Article 15(4) was inserted to allow the state to make special provisions for socially and educationally backward classes, and for Scheduled Castes and Scheduled Tribes.
• Articles 31A and 31B and the Ninth Schedule were added to protect laws on the abolition of zamindari and other land reforms from challenge on the ground that they violated Fundamental Rights.
• Article 19(6) was amended to allow state trading and nationalisation.

The amendment responded to court decisions in cases such as Romesh Thappar v. State of Madras (1950) and State of Madras v. Champakam Dorairajan (1951), and to challenges to land reform laws in several states. It was debated intensely at the time, and its provisions remain central to discussions on free speech and social justice. In I. R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 are open to judicial review if they violate the basic structure.

Why is the 42nd Amendment called the mini-Constitution?

The 42nd Amendment of 1976 is called the mini-Constitution because it made more changes to the Constitution than any other single amendment. It was passed during the Emergency of 1975 to 1977, on the basis of recommendations of the Swaran Singh Committee.

Major changes made in 1976

• The Preamble was amended to describe India as a “sovereign, socialist, secular, democratic republic” and to refer to the “unity and integrity of the Nation”.
• Part IVA and Article 51A were added to list Fundamental Duties of citizens.
• New Directive Principles were added, including free legal aid (Article 39A), participation of workers in management (Article 43A) and protection of the environment (Article 48A).
• Article 31C was extended to give priority to all Directive Principles over certain Fundamental Rights, though this was struck down by the Supreme Court in Minerva Mills (1980).
• The terms of the Lok Sabha and the state assemblies were extended from five to six years.
• Subjects such as education, forests and the protection of wild animals and birds were moved from the State List to the Concurrent List.
• Article 74 was changed to make the advice of the Council of Ministers binding on the President.
• Tribunals were provided for in a new Part XIVA, and the powers of courts to review central laws were reduced.

Many of these changes were reversed by the 43rd and 44th Amendments, but some remain in force, including the references to socialism and secularism in the Preamble and the Fundamental Duties.

What did the 44th Amendment of 1978 undo?

The 44th Amendment of 1978 undid several changes made during the Emergency and added safeguards against its misuse. It was passed after the Janata Party government came to power in 1977, along with the 43rd Amendment of 1977.

• The terms of the Lok Sabha and the state assemblies were restored to five years.
• The term “internal disturbance” was replaced by “armed rebellion” as a ground for declaring a national Emergency under Article 352.
• The Union Cabinet must give its recommendation to the President in writing before an Emergency is proclaimed.
• Parliament must approve a proclamation of Emergency within one month by a special majority, and the Lok Sabha can seek to revoke it by a simple majority.
• The rights under Articles 20 and 21 (protection in respect of conviction and protection of life and personal liberty) cannot be suspended during an Emergency.
• The right to property was removed from the list of Fundamental Rights and made a legal right under Article 300A.

The removal of the right to property from Part III ended a long-running conflict between that right and land reform laws. Article 300A still provides that no person shall be deprived of property except by authority of law.

What is the anti-defection law of the 52nd Amendment?

The anti-defection law is the Tenth Schedule added by the 52nd Amendment of 1985, which disqualifies a member of Parliament or a state legislature who leaves the party on whose ticket the member was elected. It was introduced under Prime Minister Rajiv Gandhi to stop the frequent shifting of loyalties by legislators that had destabilised governments.

A member is disqualified if the member voluntarily gives up the membership of the party or votes or abstains from voting against the party’s direction without prior permission. An independent member is disqualified on joining a party after the election, and a nominated member is disqualified on joining a party six months after taking a seat. The Presiding Officer, the Speaker or the Chairman of the House, decides on disqualification.

In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court upheld the law but held that the decision of the Presiding Officer is subject to judicial review. The 91st Amendment of 2003 removed the exception for a split in a party and limited the size of Councils of Ministers to 15 per cent of the strength of the lower House.

What did the 61st Amendment do?

The 61st Amendment of 1988 lowered the voting age from 21 to 18 years for elections to the Lok Sabha and the state legislative assemblies. It amended Article 326, which provides for elections on the basis of adult suffrage, and came into effect in 1989.

The amendment added a large number of young adults to the electoral rolls and was introduced under the government of Prime Minister Rajiv Gandhi. It brought India in line with the voting age in many other democracies. The age to contest elections remains separate: 25 for the Lok Sabha and state assemblies and 30 for the Rajya Sabha and state legislative councils.

What are the 73rd and 74th Amendments?

The 73rd and 74th Amendments of 1992 are the laws that gave constitutional status to rural and urban local governments. The 73rd Amendment added Part IX on Panchayats, and the 74th Amendment added Part IXA on Municipalities. They came into force in April 1993 and June 1993 respectively.

Both amendments made regular elections to local bodies every five years compulsory, required a fresh election within six months if a body is dissolved and set up State Election Commissions to hold them. They also provided for State Finance Commissions to review the finances of local bodies. The 73rd Amendment recognised the Gram Sabha at the village level, and the 74th Amendment provided for District Planning Committees and Metropolitan Planning Committees. The amendments left it to state legislatures to give local bodies specific powers, so the extent of devolution differs from state to state.

What did the 86th Amendment do for education?

The 86th Amendment of 2002 made the right to free and compulsory education a Fundamental Right for children aged 6 to 14 years. It inserted Article 21A into Part III of the Constitution and required the state to provide such education in a manner decided by law.

The amendment also changed Article 45 to direct the state to provide early childhood care and education for children below the age of six, and added a new Fundamental Duty in Article 51A(k), under which a parent or guardian must provide opportunities for education to a child between 6 and 14 years. Parliament then passed the Right of Children to Free and Compulsory Education Act, 2009, known as the Right to Education Act, which came into force on 1 April 2010.

The amendment followed the Supreme Court’s decision in Unni Krishnan v. State of Andhra Pradesh (1993), which held that the right to education up to age 14 flows from the right to life under Article 21.

How did the 101st Amendment bring in the GST?

The 101st Amendment of 2016, in force from 2017, introduced the Goods and Services Tax (GST) by giving Parliament and state legislatures concurrent powers to levy tax on the supply of goods and services. It inserted Article 246A and created the GST Council under Article 279A.

• The GST Council, chaired by the Union Finance Minister and made up of the Finance Ministers of the states, makes recommendations on rates, exemptions and the sharing of revenue.
• The Union charges and collects the Central GST (CGST) and the Integrated GST (IGST) on inter-state supplies, while states charge the State GST (SGST).
• Many earlier taxes, such as excise duty, service tax, value added tax, entertainment tax and octroi, were subsumed into the new system.
• States were guaranteed compensation for revenue loss for a period of five years from the start of the new tax.
• Alcohol for human consumption was kept outside GST, and petroleum products were left out until the Council decides on a date.

The GST came into effect on 1 July 2017 and is often described as the biggest indirect tax reform in India since Independence. It reflects a form of cooperative federalism, since both the Union and the states agreed to pool part of their taxing powers.

What is the 103rd Amendment on economically weaker sections?

The 103rd Amendment of 2019 allows the Union and the states to provide up to 10 per cent reservation in higher education and public employment for economically weaker sections (EWS) outside the existing reserved categories. It inserted Article 15(6) and Article 16(6) into the Constitution.

The reservation applies to citizens who do not belong to the Scheduled Castes, Scheduled Tribes or other backward classes covered by existing reservation, and whose economic status is below a limit that the government sets. It is separate from, and in addition to, the existing reservations, which were limited by the Supreme Court in Indra Sawhney v. Union of India (1992) to a ceiling of 50 per cent.

The amendment was challenged in the Supreme Court. In Janhit Abhiyan v. Union of India (2022), a Constitution Bench upheld it by a majority of 3 to 2. The majority held that economic criteria can be a valid basis for reservation and that the 50 per cent ceiling on reservation is not inflexible, while the dissenting judges held that it excluded the poor among the already reserved classes.

Which other constitutional amendments are also notable?

Several other constitutional amendments also have lasting importance, even though they are not among the best-known landmarks. The following table lists a few of them.

Why do constitutional amendments matter?

Constitutional amendments matter because they show how a document written in 1950 has adapted to new political, economic and social needs. The ease of amendment, which is more flexible than in some countries but more rigid than in others, allows the Constitution to change while protecting its core features.

The amendments also show the continuing interaction between Parliament and the judiciary. Parliament has the power to amend, and the courts decide whether an amendment respects the basic structure. This balance has shaped the way India deals with questions such as property, reservation, federal finance and personal liberty.

Bottom Line

The landmark amendments trace the story of independent India, from land reform and free speech debates in 1951 to the Emergency of 1976, local self-government in 1992 and tax reform in 2017. Reading them together shows how Parliament and the courts have reshaped the Constitution while keeping its basic structure.

Frequently Asked Questions

How many constitutional amendments has India had?

India has had more than 100 constitutional amendments since the Constitution came into force in 1950. The first was passed in 1951, and the number has increased steadily over the decades. Each amendment is numbered in the order in which Parliament passes it, such as the 42nd Amendment or the 101st Amendment.

Which is the biggest constitutional amendment in India?

The 42nd Amendment of 1976 is regarded as the biggest, which is why it is called the mini-Constitution. It changed the Preamble, added Fundamental Duties and altered many articles dealing with Parliament, the judiciary and the states. Many of its changes were later reversed by the 44th Amendment of 1978.

What is the procedure to amend the Constitution of India?

The Constitution is amended by a bill passed in each House of Parliament by a majority of the total membership and by two-thirds of members present and voting, as Article 368 provides. If the amendment affects federal matters, at least half of the state legislatures must also ratify it. The President then gives assent, and the amendment becomes law.

Which amendment gave constitutional status to local governments?

The 73rd and 74th Amendments of 1992 gave constitutional status to panchayats and municipalities. The 73rd added Part IX on panchayats and the Eleventh Schedule, and the 74th added Part IXA on municipalities and the Twelfth Schedule. They require regular elections every five years and one-third reservation of seats for women.

Which amendment introduced the Goods and Services Tax?

The 101st Amendment introduced the Goods and Services Tax. It added Article 246A, which gives Parliament and state legislatures the power to levy GST, and Article 279A, which created the GST Council. The tax came into effect on 1 July 2017.

Can Parliament amend any part of the Constitution?

Parliament can amend any part of the Constitution but cannot alter its basic structure. The Supreme Court laid down this principle in Kesavananda Bharati v. State of Kerala in 1973. An amendment that violates the basic structure, such as one that removes judicial review or the democratic nature of the state, can be struck down by the courts.

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