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Constitution

Major Constitutional Amendments: How the Indian Constitution Evolved

A look at the most significant amendments to the Indian Constitution and how they shaped Indian democracy.

10 min read

The framers expected their Constitution to change. Article 368 lets Parliament amend it, some provisions by a simple majority, most by a special majority of each House, and those touching the federal balance only with the consent of half the states. More than a hundred amendments have been made since 1950. These are the ones that changed the most.

First Amendment, 1951

Passed by the provisional Parliament before the first general election. It added reasonable restrictions on free speech for public order and friendly relations with foreign states, allowed special provisions for socially and educationally backward classes, and created the Ninth Schedule to protect land reform laws from challenge in court.

Seventh Amendment, 1956

Put the States Reorganisation Act 1956 into the Constitution. The old Part A, B, C and D states were replaced with states and Union territories largely drawn on linguistic lines.

Forty-second Amendment, 1976

Passed during the Emergency, and sometimes called a "mini-constitution". It added "socialist", "secular" and "integrity" to the Preamble, inserted the Fundamental Duties (Part IVA), moved education and forests into the Concurrent List, and sought to limit judicial review. Several of its provisions were later reversed or struck down. Read the story of the Emergency.

Forty-fourth Amendment, 1978

Restored much of what the Forty-second had taken. "Armed rebellion" replaced "internal disturbance" as a ground for a national emergency, which now needs the Cabinet's written advice; Articles 20 and 21 can never be suspended. The right to property ceased to be a fundamental right and became a legal right under Article 300A.

Fifty-second Amendment, 1985

Added the Tenth Schedule, the anti-defection law. A legislator who voluntarily gives up party membership, or defies the party whip in a vote, can be disqualified by the Speaker or Chairman.

Sixty-first Amendment, 1988

Lowered the voting age from 21 to 18, from the 1989 elections onwards.

Seventy-third and Seventy-fourth Amendments, 1992

Gave constitutional status to panchayats (Part IX) and municipalities (Part IXA). Elections every five years became compulsory, with one-third of seats reserved for women, reservations for Scheduled Castes and Scheduled Tribes, State Election Commissions and State Finance Commissions. They came into force in 1993 and created millions of elected local representatives.

Eighty-sixth Amendment, 2002

Inserted Article 21A: free and compulsory education for all children aged six to fourteen became a fundamental right, given effect by the Right of Children to Free and Compulsory Education Act 2009.

One Hundred and First Amendment, 2016

Introduced the Goods and Services Tax, replacing a web of central and state indirect taxes with a single system, and created the GST Council, in which the Union and the states decide rates together.

One Hundred and Third Amendment, 2019

Allowed up to 10 per cent reservation for economically weaker sections among those not already covered by other reservations, in education and public employment. The Supreme Court upheld it in 2022.

One Hundred and Sixth Amendment, 2023

The Nari Shakti Vandan Adhiniyam reserves one-third of seats in the Lok Sabha, the state legislative assemblies and the Delhi assembly for women. It takes effect after the delimitation that follows the first census conducted after its commencement.

The limit on amendment

In 1973, in Kesavananda Bharati, the Supreme Court held that Parliament may amend any part of the Constitution but may not destroy its basic structure. In Minerva Mills (1980) it struck down clauses of the Forty-second Amendment that tried to put amendments beyond judicial review. The power to amend is wide; it is not unlimited.

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