Constitutional Provisions of Amendment

The process of amending the Constitution is laid down in Article 368 of the Indian Constitution. It provides the amending power to the Parliament.

Key Provisions of Article 368

• Amendment Power: Parliament has the power to amend any provision of the Constitution.
• Procedure: Amendments can be made by a simple majority, special majority, or special majority with state consent, depending on the nature of the amendment.
• Constitutional Amendments: These are changes to the Constitution, which may include the addition, deletion, or modification of any part of the Constitution.
• Limitation: The power of amendment is subject to the Basic Structure Doctrine as established by the Supreme Court in the Kesavananda Bharati case (1973).
• Amendment Bill: Can be introduced in either House of Parliament and must be passed by both Houses separately.

Types of Majority

The Constitution prescribes different types of majorities for the passage of amendments, depending on the nature and scope of the amendment.

1. Simple Majority

• Definition: A majority of the members present and voting in the House.
• Applicability: Used for amendments that do not directly affect the Constitution’s provisions (e.g., matters under Article 2, 3, 4 related to formation of new states, alteration of boundaries, etc.).
• Example: Admission or establishment of new States, changes in the names of States.

2. Special Majority

• Definition: A special majority as per Article 368.
• Requirements:
  • A majority of the total membership of each House (at least 50% + 1).
  • Two-thirds majority of the members present and voting in each House.
• Applicability: Used for most constitutional amendments affecting fundamental rights, directive principles, powers of judiciary, and other constitutional provisions.
• Example: Amendments to fundamental rights, directive principles of state policy, or judiciary provisions.

3. Special Majority with Consent of Half the States

• Definition: A special majority in both Houses of Parliament plus ratification by at least half of the state legislatures by simple majority.
• Applicability: Used for amendments that affect the federal structure, distribution of powers between Union and States, or representation of states.
• Example: Amendments to:
  • Election of the President (Article 54, 55)
  • Extent of executive power of Union and States (Article 73, 162)
  • Union Judiciary and High Courts (Chapter IV and V of Part V, Chapter V of Part VI)
  • Distribution of legislative powers between Union and States (Chapter I of Part XI, Lists in Seventh Schedule)
  • Article 368 itself

Important Amendments to the Constitution

1. First Amendment (1951)

• Purpose: To address practical difficulties in implementing fundamental rights and to enable land reforms.
• Key Changes:
  • Added Ninth Schedule to protect land reform laws from judicial review.
  • Restricted freedom of speech under Article 19 by adding grounds like public order, friendly relations with foreign states.
  • Modified Articles 15 and 19 for socio-economic reforms.
• Context: Passed in response to judicial decisions that hindered land reforms and state regulation.
• SSC/RRB Relevance: Often asked about the Ninth Schedule and restrictions on fundamental rights.

2. Seventh Amendment (1956)

• Purpose: To reorganize states on linguistic basis.
• Key Change: Abolished the classification of states into Part A, B, C, and D categories and reorganized them.
• SSC/RRB Relevance: Focus on state reorganization and linguistic states.

3. Twenty-Fourth Amendment (1971)

• Purpose: To affirm Parliament’s power to amend any part of the Constitution, including fundamental rights.
• Key Change:
  • Made it obligatory for the President to give assent to Constitutional Amendment Bills.
  • Clarified Parliament’s power to amend fundamental rights.
• Context: Passed in response to the Golaknath case (1967) which restricted Parliament’s power.
• SSC/RRB Relevance: Often asked about Parliament’s amending power and the Golaknath case.

4. Forty-Second Amendment (1976)

• Purpose: Known as the “Mini Constitution”, it was enacted during the Emergency period.
• Key Changes:
  • Added words “Socialist”, “Secular”, and “Integrity” to the Preamble.
  • Added Fundamental Duties (Article 51A).
  • Extended the term of Lok Sabha and State Assemblies from 5 to 6 years.
  • Curtailed the power of judicial review.
  • Made the President bound by Cabinet advice.
• Context: Passed during the Emergency (1975–1977) under Indira Gandhi’s government.
• SSC/RRB Relevance: Focus on Fundamental Duties, changes to the Preamble, and the Emergency period.

5. Forty-Fourth Amendment (1978)

• Purpose: To undo the excesses of the Forty-Second Amendment and restore democratic principles.
• Key Changes:
  • Restored the term of Lok Sabha and State Assemblies to 5 years.
  • Made the Right to Property a legal right instead of a fundamental right.
  • Restored the power of judicial review.
  • Made internal emergency proclamation possible only on grounds of “armed rebellion”.
• Context: Passed after the end of Emergency by the Janata Party government.
• SSC/RRB Relevance: Often asked about the removal of Right to Property as a fundamental right and post-Emergency reforms.

6. Fifty-Second Amendment (1985)

• Purpose: To prevent defection of legislators.
• Key Change: Added the Tenth Schedule (Anti-Defection Law) to the Constitution.
• SSC/RRB Relevance: Focus on anti-defection provisions and political stability.

7. Sixty-First Amendment (1988)

• Purpose: To reduce the voting age from 21 to 18 years.
• Key Change: Amended Article 326 to lower the voting age.
• SSC/RRB Relevance: Focus on electoral reforms and voting rights.

8. Seventy-Third Amendment (1992)

• Purpose: To provide constitutional status to Panchayati Raj institutions.
• Key Change: Added Part IX and Eleventh Schedule to the Constitution.
• SSC/RRB Relevance: Focus on local self-government and rural governance.

9. Seventy-Fourth Amendment (1992)

• Purpose: To provide constitutional status to Municipalities.
• Key Change: Added Part IXA and Twelfth Schedule to the Constitution.
• SSC/RRB Relevance: Focus on urban local bodies and urban governance.

10. Eighty-Sixth Amendment (2002)

• Purpose: To make education a fundamental right.
• Key Change: Inserted Article 21A making free and compulsory education for children aged 6-14 years a fundamental right.
• SSC/RRB Relevance: Focus on Right to Education and fundamental rights.

11. One Hundred and First Amendment (2016)

• Purpose: To introduce Goods and Services Tax (GST).
• Key Change: Inserted Article 246A and amended various articles to facilitate GST implementation.
• SSC/RRB Relevance: Focus on GST and tax reforms.

12. One Hundred and Third Amendment (2019)

• Purpose: To provide 10% reservation for Economically Weaker Sections (EWS) in the general category.
• Key Change: Inserted Article 15(6) and Article 16(6) for EWS reservation in education and employment.
• SSC/RRB Relevance: Focus on EWS reservation and social justice.

Summary Table: Important Amendments

Key Facts for Competitive Exams

• Article 368 provides the procedure for constitutional amendments.
• The Basic Structure Doctrine was established in the Kesavananda Bharati case (1973), not by the 42nd Amendment.
• Simple majority is rarely used for constitutional amendments; mostly for procedural matters.
• Special majority (Article 368) is used for most constitutional amendments.
• Special majority with state ratification is required for amendments affecting federal structure.
• First Amendment (1951) introduced the Ninth Schedule for land reforms.
• Forty-Second Amendment (1976) added Fundamental Duties and modified the Preamble.
• Forty-Fourth Amendment (1978) removed Right to Property from fundamental rights.
• Fifty-Second Amendment (1985) introduced Anti-Defection Law (Tenth Schedule).
• Seventy-Third and Seventy-Fourth Amendments (1992) constitutionalized local governance.
• One Hundred and Third Amendment (2019) introduced 10% EWS reservation, not for OBCs or STs.