Important Constitutional Amendments in India: Complete List for UPSC & State PCS
The Indian Constitution was never meant to remain frozen in 1950.
Society changes. New institutions emerge. Political problems take new forms. Sometimes the Constitution itself needs adjustment.
But there is an equally important concern: if a government with a parliamentary majority could change every constitutional principle whenever it wished, even democracy and Fundamental Rights could become vulnerable.
The Constitution therefore tries to achieve a balance:
It must be flexible enough to change, but strong enough to protect its basic identity.
That entire debate lies behind Article 368 and the constitutional amendment process.
For UPSC and State PCS, constitutional amendments should not be prepared as a list of numbers. A much better approach is to understand:
- why an amendment was needed,
- what it changed,
- which Article or Schedule it affected,
- whether the Supreme Court later changed its effect,
- and why it matters for the examination.
What is a Constitutional Amendment?
A constitutional amendment changes the Constitution itself.
It may:
- add a new Article,
- alter an existing Article,
- remove a provision,
- add a new Schedule,
- change Centre–State relations,
- create new institutions,
- expand rights,
- modify electoral rules.
For example:
The 61st Amendment lowered the voting age.
The 73rd Amendment constitutionalised Panchayats.
The 101st Amendment created the constitutional framework for GST.
The 103rd Amendment enabled EWS reservation.
The 106th Amendment introduced constitutional provisions for reservation of seats for women in the Lok Sabha and State Legislative Assemblies.
So constitutional amendments often reflect major political and social changes in India.
Article 368: The Main Amendment Provision
Article 368 is found in Part XX of the Constitution.
It deals with:
“Power of Parliament to amend the Constitution and procedure therefor.”
A Constitutional Amendment Bill can be introduced in either House of Parliament.
For an amendment requiring the Article 368 special majority, it must be passed separately in each House by:
- a majority of the total membership of that House, and
- a majority of not less than two-thirds of the members present and voting.
There is no joint sitting if the Lok Sabha and Rajya Sabha disagree on a Constitutional Amendment Bill.
After the Bill is duly passed, it is presented to the President, who shall give assent. The present text of Article 368 expressly provides this procedure.
Three Broad Ways the Constitution Can Be Changed
Students often assume every constitutional change requires the same majority.
It does not.
A useful exam-oriented classification is:
1. By Simple Majority of Parliament
Some constitutional provisions can be changed through the ordinary legislative process.
Technically, these changes are generally treated as being outside the Article 368 amendment procedure.
Important examples include matters relating to:
- formation of new States under Articles 2–4,
- alteration of State boundaries or names,
- creation or abolition of State Legislative Councils under Article 169,
- certain matters relating to citizenship,
- salaries and allowances of constitutional authorities in specified situations.
The important lesson is:
Not every change affecting the constitutional text requires Article 368's special majority.
2. By Special Majority of Parliament
Most constitutional amendments require the Article 368 special majority:
Majority of total membership + two-thirds of members present and voting.
Examples include many amendments dealing with:
- Fundamental Rights,
- Directive Principles,
- Parliament,
- judiciary,
- constitutional bodies,
- emergency provisions.
3. Special Majority + Ratification by at Least Half of the States
Some amendments affect the federal structure so directly that Parliament alone cannot complete the process.
After being passed by Parliament with the special majority, they must also be ratified by the legislatures of not less than one-half of the States.
Important areas include changes relating to:
- election of the President,
- distribution of executive powers between Union and States,
- Supreme Court and High Courts,
- legislative relations between Union and States,
- Seventh Schedule Lists,
- representation of States in Parliament,
- Article 368 itself,
- GST Council under Article 279A.
This requirement is expressly contained in the proviso to Article 368(2).
Why does State ratification matter?
Because federalism cannot meaningfully exist if Parliament can unilaterally rewrite the constitutional balance between the Union and States.
This point became particularly important in the Supreme Court's judgment on the 97th Constitutional Amendment, which we will discuss later.
Can Parliament Amend Fundamental Rights?
Yes.
But the answer was not always constitutionally settled.
The relationship between Parliament's amendment power and Fundamental Rights produced some of the most important Supreme Court cases in Indian history.
The key stages were:
Shankari Prasad → Golaknath → 24th Amendment → Kesavananda Bharati → Minerva Mills
Understanding this sequence is far more useful than memorising it mechanically.
1st Constitutional Amendment Act, 1951
The First Amendment came very early in the life of the Constitution.
Several court decisions had raised questions about:
- freedom of speech,
- land reform,
- reservation policies.
The amendment made several important changes.
Article 15(4)
It enabled the State to make special provisions for the advancement of socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes.
Article 19
The amendment modified the framework of reasonable restrictions on freedom of speech.
Articles 31A and 31B
These provisions were introduced largely in the context of land reform legislation.
Ninth Schedule
The amendment also created the Ninth Schedule.
Originally, the purpose was largely to protect certain land reform laws from Fundamental Rights challenges.
However, Ninth Schedule laws are not completely immune from judicial review today. Following later Basic Structure jurisprudence, especially I.R. Coelho, post-24 April 1973 insertions can be reviewed where they damage the Basic Structure.
Why is the First Amendment important?
It began one of the central constitutional debates of independent India:
How should individual rights be balanced with social reform?
UPSC has directly tested this amendment in questions relating to judicial interpretation of Fundamental Rights.
7th Constitutional Amendment Act, 1956
The Seventh Amendment is closely associated with the major reorganisation of Indian States in 1956.
The original Constitution classified States into categories such as:
- Part A,
- Part B,
- Part C,
- Part D.
This arrangement became unsuitable as demands for linguistic reorganisation increased.
The Seventh Amendment, along with the States Reorganisation Act, 1956, helped create the more familiar system of:
States and Union Territories.
It also made important adjustments relating to:
- High Courts,
- State administration,
- territorial arrangements.
Exam connection
Remember:
7th Amendment → State reorganisation
This is the most useful memory link.
24th Constitutional Amendment Act, 1971
This amendment came after one of the biggest constitutional conflicts between Parliament and the Supreme Court.
In Golaknath v. State of Punjab (1967), the Supreme Court had held that Parliament could not amend Fundamental Rights in the manner claimed.
Parliament responded through the 24th Amendment.
It made clear that Parliament, in exercise of its constituent power, could amend the Constitution by:
- addition,
- variation,
- repeal.
It also strengthened Article 368 and made Presidential assent to a properly passed Constitutional Amendment Bill mandatory.
Why is the 24th Amendment important?
Because it set the stage for Kesavananda Bharati v. State of Kerala (1973).
The Supreme Court eventually accepted that Parliament has wide amendment power, including over Fundamental Rights—but introduced a crucial limitation:
Parliament cannot destroy the Basic Structure of the Constitution.
The Supreme Court's own later explanation of Kesavananda states that Article 368 does not permit Parliament to damage or destroy the Constitution's basic structure.
25th Constitutional Amendment Act, 1971
The 25th Amendment was closely connected with property rights and socio-economic redistribution.
Its most important lasting contribution for examination purposes is Article 31C.
Article 31C originally sought to give special protection to laws implementing:
- Article 39(b), and
- Article 39(c).
These Directive Principles concern:
- distribution of material resources for the common good,
- prevention of harmful concentration of wealth.
Article 31C later became central to the constitutional conflict over Fundamental Rights and DPSPs.
42nd Constitutional Amendment Act, 1976
The 42nd Amendment is one of the most extensive amendments ever made to the Constitution.
This is why it is often called the:
“Mini-Constitution.”
For examination purposes, you do not need to memorise every provision changed by it. Focus on the major ones.
Changes to the Preamble
Three expressions are especially important.
The 42nd Amendment added:
Socialist
Secular
and changed:
“unity of the Nation”
to:
“unity and integrity of the Nation.”
Easy memory:
SS + I
Socialist + Secular + Integrity.
Fundamental Duties
The amendment inserted:
Part IVA
and
Article 51A
containing the original 10 Fundamental Duties.
An eleventh duty was added later through the 86th Amendment.
New Directive Principles
The amendment added important provisions including:
Article 39A
Equal justice and free legal aid.
Article 43A
Participation of workers in management.
Article 48A
Protection and improvement of environment.
Tribunals
The amendment introduced Part XIVA, dealing with tribunals.
Important Articles:
323A → Administrative Tribunals
323B → Other specified Tribunals
Attempt to Expand Article 31C
The 42nd Amendment tried to expand Article 31C protection from only Articles 39(b) and 39(c) to all Directive Principles.
This would have given very wide priority to DPSP-oriented legislation over Articles 14 and 19.
The Supreme Court later struck down this expansion in Minerva Mills v. Union of India (1980).
The Court emphasised that harmony between Fundamental Rights and Directive Principles is part of the constitutional scheme.
Why the 42nd Amendment is so important
It represents the clearest example of Parliament attempting a very broad reshaping of constitutional power.
Many of its provisions survived.
Some did not.
This is why the 42nd Amendment should always be studied together with:
44th Amendment + Minerva Mills + Basic Structure Doctrine
44th Constitutional Amendment Act, 1978
The 44th Amendment was enacted after the Emergency period and reversed or modified several changes associated with the 42nd Amendment.
Its broader purpose was to strengthen democratic safeguards and civil liberties.
Right to Property
The amendment removed the Right to Property from the list of Fundamental Rights.
Earlier, property protection had been associated with Article 31 and Article 19.
After the amendment:
Right to Property → Article 300A
It is now a constitutional right, not a Fundamental Right.
Emergency Safeguards
The 44th Amendment made major changes to the National Emergency framework.
One very important change was:
“internal disturbance” → “armed rebellion”
as a ground under Article 352.
The grounds today are:
- war,
- external aggression,
- armed rebellion.
It also strengthened procedural safeguards relating to declaration and parliamentary approval of a National Emergency.
Articles 20 and 21
After the 44th Amendment, the enforcement of:
Article 20 and Article 21
cannot be suspended through an Article 359 Presidential order during a National Emergency.
This is one of the most important Prelims facts from the amendment.
Term of Lok Sabha and State Assemblies
The 42nd Amendment had increased the normal term from five to six years.
The 44th Amendment restored it to:
five years.
Easy Comparison: 42nd vs 44th
Think of the two amendments like this:
42nd
Expanded central and parliamentary power in several areas.
44th
Restored several democratic and civil-liberty safeguards.
This is a simplification, but it is a very useful starting point for revision.
52nd Constitutional Amendment Act, 1985
This amendment introduced India's Anti-Defection Law.
It added the:
Tenth Schedule
to the Constitution.
The purpose was to discourage elected representatives from changing political parties for office or other political advantage.
A legislator may face disqualification in circumstances such as:
- voluntarily giving up membership of the political party,
- voting or abstaining contrary to party directions in specified situations.
The Presiding Officer of the House decides disqualification petitions under the Tenth Schedule, subject to judicial review.
Memory line
52nd Amendment → Anti-Defection → Tenth Schedule
61st Constitutional Amendment Act, 1988
This amendment lowered the minimum voting age for Lok Sabha and State Assembly elections from:
21 years → 18 years
by amending Article 326.
The official Amendment Act explicitly states that the purpose was to bring younger citizens into the political process.
Memory line
61st → Vote at 18
This is one of the easiest amendment numbers to remember.
69th Constitutional Amendment Act, 1991
This amendment is associated with the constitutional position of Delhi.
It introduced important provisions including:
Article 239AA
and
Article 239AB.
Delhi became the:
National Capital Territory of Delhi
with a Legislative Assembly and Council of Ministers within the special constitutional arrangement.
Article 239AA has since become one of the most important provisions in disputes involving powers of:
- the Delhi Government,
- Lieutenant Governor,
- Union Government.
Memory line
69th → Delhi → Article 239AA
73rd Constitutional Amendment Act, 1992
The 73rd Amendment gave constitutional status to Panchayati Raj Institutions.
This was one of the biggest changes in India's democratic structure because it attempted to deepen democracy below the State level.
It added:
Part IX
covering Panchayats.
Important provisions include:
- Gram Sabha,
- three-tier Panchayat structure subject to constitutional conditions,
- reservation of seats,
- five-year tenure,
- State Election Commission,
- State Finance Commission.
It also added the:
Eleventh Schedule
containing 29 subjects that may be devolved to Panchayats.
Important Articles
Article 243D → Reservation
Article 243G → Powers of Panchayats
Article 243I → State Finance Commission
Article 243K → Panchayat elections
Memory line
73rd → Rural local government → Panchayats → 11th Schedule
74th Constitutional Amendment Act, 1992
The 74th Amendment performed a similar role for urban local government.
It added:
Part IXA
dealing with Municipalities.
It also introduced the:
Twelfth Schedule
containing 18 subjects relating to urban governance.
Important constitutional institutions include:
- Nagar Panchayat,
- Municipal Council,
- Municipal Corporation,
- District Planning Committee,
- Metropolitan Planning Committee.
Important Article
Article 243W → Powers and responsibilities of Municipalities
Memory line
74th → Urban local government → Municipalities → 12th Schedule
73rd vs 74th: Never Confuse Them
73rd → Rural → Panchayat → 11th Schedule → 29 subjects
74th → Urban → Municipality → 12th Schedule → 18 subjects
This combination appears frequently in competitive examinations.
77th, 81st, 82nd and 85th Amendments: Reservation in Promotion Cluster
Students often overlook these amendments, but they are important for reservation-related questions.
77th Amendment, 1995
Inserted Article 16(4A) relating to reservation in promotion for SCs and STs under constitutional conditions.
81st Amendment, 2000
Inserted Article 16(4B) concerning certain backlog reserved vacancies.
82nd Amendment, 2000
Enabled relaxation in qualifying marks or standards of evaluation in specified promotion-related circumstances for SC/ST candidates through the relevant constitutional provision.
85th Amendment, 2001
Provided for consequential seniority in relation to reservation in promotion under the constitutional scheme.
You do not need to memorise every technical detail on the first reading.
Remember the broad cluster:
77 + 81 + 82 + 85 → Reservation in promotion and related service matters
86th Constitutional Amendment Act, 2002
This amendment transformed the constitutional position of elementary education.
It made three connected changes.
Article 21A
Introduced the Fundamental Right to free and compulsory education for children aged:
6–14 years.
Article 45
Article 45 was changed to focus on:
early childhood care and education for children below six years.
Article 51A(k)
Added the eleventh Fundamental Duty.
A parent or guardian has a duty to provide opportunities for education to a child or ward aged:
6–14 years.
Best way to remember
Article 21A → Child's Right
Article 45 → Below 6
Article 51A(k) → Parent/Guardian Duty
All three are connected with the 86th Amendment.
91st Constitutional Amendment Act, 2003
This amendment tried to address two problems:
- oversized Councils of Ministers,
- political defections.
Size of Council of Ministers
At the Union level, the total number of Ministers, including the Prime Minister, cannot exceed:
15% of the total membership of the Lok Sabha.
At the State level, Ministers including the Chief Minister cannot exceed:
15% of the total strength of the Legislative Assembly.
For a State, the Constitution also provides that the number of Ministers shall not be less than 12.
The present constitutional text reflects this 15% limit.
Anti-Defection
The amendment also strengthened the anti-defection framework.
The earlier protection relating to a split by one-third of legislators was removed.
The Tenth Schedule now recognises the merger exception when the constitutionally required two-thirds threshold is met.
It also restricts a disqualified defector from being appointed as a Minister for the relevant constitutional period.
Memory line
91st → 15% Ministry + Stronger Anti-Defection
97th Constitutional Amendment Act, 2011
The 97th Amendment dealt with cooperative societies.
It made three major changes:
Article 19(1)(c)
The constitutional language regarding the freedom to form associations was expanded to include cooperative societies.
Article 43B
A new Directive Principle was added to promote:
- voluntary formation,
- autonomous functioning,
- democratic control,
- professional management of cooperatives.
Part IXB
A detailed constitutional framework for cooperative societies was introduced.
But there is an important Supreme Court twist
In Union of India v. Rajendra N. Shah (2021), the Supreme Court held that the provisions of Part IXB dealing with cooperative societies operating within a State could not validly operate without the required State ratification because cooperatives are substantially within the States' legislative field.
The Court, however, preserved Part IXB insofar as it concerns multi-State cooperative societies and Union Territories. The judgment did not invalidate the Article 19(1)(c) and Article 43B changes.
Why is this case so important?
Because it shows that the procedure of constitutional amendment is itself constitutionally enforceable.
Parliament cannot bypass State ratification where Article 368 requires it.
99th Constitutional Amendment Act, 2014
This amendment created the constitutional basis for the:
National Judicial Appointments Commission — NJAC
It sought to replace the existing judicial appointments system with a commission involving judicial and non-judicial participants.
However, in Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court struck down the 99th Amendment and the NJAC Act.
The challenge centred on the Basic Structure, particularly independence of the judiciary.
Prelims trap
The 99th Amendment was enacted, but it is not operative today because it was struck down by the Supreme Court.
This distinction matters.
100th Constitutional Amendment Act, 2015
The 100th Amendment implemented aspects of the India–Bangladesh Land Boundary Agreement.
It facilitated exchange and adjustment of specified territories and enclaves between India and Bangladesh.
For examination purposes:
100th Amendment → India–Bangladesh Land Boundary Agreement
This is particularly relevant to:
- Indian geography,
- international boundaries,
- India–Bangladesh relations.
101st Constitutional Amendment Act, 2016
The 101st Amendment introduced the constitutional framework for the Goods and Services Tax (GST).
It was one of the most important fiscal changes since independence.
Article 246A
Provides special legislative powers to Parliament and State Legislatures regarding GST.
Article 269A
Deals with GST on inter-State trade or commerce.
Article 279A
Provides for the GST Council.
The GST Council brings together the Union and States in a common indirect-tax framework.
For Mains, it is frequently used as an example of:
cooperative fiscal federalism.
The current Article 368 text itself now includes Article 279A among provisions whose amendment attracts the State-ratification requirement.
Memory line
101st → GST → 246A + 269A + 279A
102nd Constitutional Amendment Act, 2018
The 102nd Amendment gave constitutional status to the:
National Commission for Backward Classes (NCBC).
It inserted:
Article 338B
National Commission for Backward Classes.
Article 342A
Constitutional provisions relating to socially and educationally backward classes.
The current Constitution expressly records Article 338B as having been inserted by the 102nd Amendment.
This amendment later produced an important dispute regarding the power of States to identify their own SEBCs.
That issue led to the 105th Amendment.
103rd Constitutional Amendment Act, 2019
The 103rd Amendment introduced reservation based on economic weakness.
It inserted:
Article 15(6)
and
Article 16(6).
These provisions enable up to 10% reservation for Economically Weaker Sections (EWS) within their constitutional scope, in addition to existing reservations.
The provisions exclude the classes covered by the specified existing backward-class reservation clauses.
Supreme Court and EWS Reservation
The constitutional validity of the 103rd Amendment was challenged in:
Janhit Abhiyan v. Union of India.
In 2022, a five-judge Constitution Bench upheld the amendment by a 3:2 majority. The Supreme Court has subsequently reiterated that the amendment's validity was upheld in that decision.
Memory line
103rd → EWS → 10% → Articles 15(6) and 16(6)
104th Constitutional Amendment Act, 2019
The 104th Amendment dealt with representation of Scheduled Castes, Scheduled Tribes and the Anglo-Indian community.
Its major effects included:
SC/ST political reservation
The period of reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies was extended for another ten years, to 2030 under the constitutional scheme.
Anglo-Indian nomination
The special provision for nomination of Anglo-Indian members to the Lok Sabha and State Legislative Assemblies was not similarly extended.
Memory line
104th → SC/ST legislative reservation extended; Anglo-Indian nomination ended
105th Constitutional Amendment Act, 2021
The 105th Amendment came after a constitutional dispute arising from interpretation of the 102nd Amendment.
Its central purpose was to restore/clarify the power of States and Union Territories to prepare and maintain their own lists of socially and educationally backward classes for their own purposes.
The official Act received Presidential assent on 18 August 2021.
Why is this important?
It is a good example of constitutional dialogue.
The sequence was:
102nd Amendment → Supreme Court interpretation → 105th Amendment
For UPSC, it connects:
- reservation,
- federalism,
- Parliament,
- judiciary,
- constitutional amendment power.
106th Constitutional Amendment Act, 2023
This is the latest Constitutional Amendment incorporated in the official Constitution as of 1 May 2026.
It is popularly associated with women's reservation in legislatures.
The amendment inserted important provisions including:
Article 330A
Reservation of seats for women in the Lok Sabha.
Article 332A
Reservation of seats for women in State Legislative Assemblies.
It also amended Article 239AA to provide for women's reservation in the Legislative Assembly of the National Capital Territory of Delhi.
The broad constitutional provision is for approximately:
one-third of directly elected seats, including the specified share within SC/ST reserved seats.
Has the Women's Reservation Taken Effect Immediately?
This is one of the most important Prelims traps.
No.
Article 334A links the coming into effect of these reservation provisions with:
- publication of relevant figures of the first census conducted after commencement of the 106th Amendment, and
- a subsequent delimitation exercise undertaken for this purpose.
The Amendment therefore created the constitutional framework, but implementation is linked to this future census-delimitation process.
Memory line
106th → Women → 330A + 332A + 334A
The Most Important Amendments at a Glance
| Amendment | Year | What to Remember |
|---|---|---|
| 1st | 1951 | Article 15(4), land reforms, 31A, 31B, Ninth Schedule |
| 7th | 1956 | Reorganisation of States |
| 24th | 1971 | Parliament's amendment power strengthened |
| 25th | 1971 | Article 31C, 39(b) & 39(c) linkage |
| 42nd | 1976 | Mini-Constitution; Socialist, Secular, Integrity; Duties |
| 44th | 1978 | Emergency safeguards; Property → Article 300A |
| 52nd | 1985 | Anti-Defection; Tenth Schedule |
| 61st | 1988 | Voting age 21 → 18 |
| 69th | 1991 | NCT Delhi; Article 239AA |
| 73rd | 1992 | Panchayats; Part IX; Eleventh Schedule |
| 74th | 1992 | Municipalities; Part IXA; Twelfth Schedule |
| 77th | 1995 | Reservation in promotion; Article 16(4A) |
| 86th | 2002 | Right to Education; Article 21A |
| 91st | 2003 | 15% ministry limit; anti-defection strengthened |
| 97th | 2011 | Cooperative societies |
| 99th | 2014 | NJAC — later struck down |
| 100th | 2015 | India–Bangladesh Land Boundary |
| 101st | 2016 | GST |
| 102nd | 2018 | Constitutional status to NCBC |
| 103rd | 2019 | 10% EWS reservation |
| 104th | 2019 | SC/ST legislative reservation extended |
| 105th | 2021 | States' power over their SEBC lists restored/clarified |
| 106th | 2023 | Women's reservation in Lok Sabha & Assemblies |
Constitutional Amendment vs Ordinary Law
This distinction is fundamental.
An ordinary law must comply with the Constitution.
A constitutional amendment changes the Constitution itself.
But after Kesavananda Bharati, even a constitutional amendment is not beyond judicial review.
An ordinary law can be invalidated for violating:
- Fundamental Rights,
- legislative competence,
- other constitutional provisions.
A constitutional amendment may be invalidated if:
- mandatory amendment procedure was violated, or
- it damages the Basic Structure.
Basic Structure Doctrine
The Basic Structure Doctrine emerged from:
Kesavananda Bharati v. State of Kerala (1973).
The Court held that Parliament can amend every part of the Constitution, but cannot destroy its basic framework.
The Supreme Court has identified or recognised features over time such as:
- supremacy of Constitution,
- republican and democratic government,
- secularism,
- federalism,
- judicial review,
- separation of powers,
- rule of law,
- independence of judiciary,
- free and fair elections,
- limited amending power.
There is no single closed list of all Basic Structure features.
The Supreme Court continues to describe constitutional amendments as subject to Basic Structure review.
Why Basic Structure Matters
Imagine Parliament passed an amendment saying:
“From now on, no elections will ever be held.”
Even if the amendment received the required numerical majority, it would attack the democratic character of the Constitution.
Or suppose an amendment said:
“No court can ever review any action of Parliament.”
That could damage judicial review and constitutional supremacy.
The Basic Structure Doctrine prevents the amendment power from becoming a power to destroy the Constitution while formally claiming to amend it.
That is the real logic behind the doctrine.
Minerva Mills: Limited Amending Power
In Minerva Mills v. Union of India (1980), the Supreme Court examined parts of the 42nd Amendment.
It reaffirmed that Parliament's amendment power is itself limited.
An unlimited power to amend would allow Parliament to destroy the very Constitution from which its authority comes.
Minerva Mills is therefore important for two ideas:
- limited amending power,
- harmony between Fundamental Rights and DPSPs.
97th and 99th Amendments: Two Different Lessons
These amendments are especially useful for understanding judicial review.
97th Amendment
The problem was partly procedural/federal.
The required State ratification had not been obtained for provisions that affected States' legislative field.
99th Amendment
The problem was substantive Basic Structure.
The Supreme Court held that the NJAC arrangement damaged the constitutionally protected independence of the judiciary.
So remember:
97th → Amendment procedure/federal ratification
99th → Basic Structure/judicial independence
This is an excellent conceptual distinction for Mains.
Can a Constitutional Amendment Be Challenged in Court?
Yes.
The statement:
“Once Parliament passes a constitutional amendment, courts cannot review it”
is incorrect.
Judicial review may examine:
Procedural validity
Was Article 368 followed?
Was State ratification obtained where constitutionally necessary?
Substantive validity
Does the amendment damage the Basic Structure?
This distinction is essential.
Important Prelims Traps
Trap 1
Every constitutional change requires Article 368.
Wrong.
Some changes can be made through simple-majority legislation outside the Article 368 procedure.
Trap 2
A Constitutional Amendment Bill can be introduced only in Lok Sabha.
Wrong.
It can be introduced in either House.
Trap 3
There can be a joint sitting for a Constitutional Amendment Bill.
Wrong.
Each House must pass it separately.
Trap 4
The President can return a duly passed Constitutional Amendment Bill.
Wrong under the present Article 368 framework.
The President shall give assent once the constitutional requirements have been completed.
Trap 5
All amendments require State ratification.
Wrong.
Only amendments affecting the constitutionally specified federal provisions require ratification by at least half the States.
Trap 6
The 42nd Amendment added all 11 Fundamental Duties.
Wrong.
It added the original 10.
The 11th came through the 86th Amendment.
Trap 7
The Right to Property remains a Fundamental Right.
Wrong.
After the 44th Amendment, it is protected under Article 300A.
Trap 8
The 52nd Amendment lowered the voting age.
Wrong.
52nd → Anti-Defection.
61st → Voting age 18.
Trap 9
The 73rd Amendment concerns Municipalities.
Wrong.
73rd → Panchayats.
74th → Municipalities.
Trap 10
The entire 97th Amendment was struck down.
Wrong.
The Supreme Court's 2021 ruling specifically invalidated Part IXB insofar as it governed State cooperative societies without required ratification, while preserving its operation for multi-State cooperative societies and Union Territories; Article 19(1)(c) and Article 43B were unaffected.
Trap 11
The 99th Amendment created the present judicial appointment system.
Wrong.
It created the NJAC framework, but the Supreme Court struck it down.
Trap 12
The 103rd Amendment provides EWS reservation through Article 16(4).
Wrong.
It inserted:
Article 15(6) and Article 16(6).
Trap 13
The 106th Amendment immediately reserved one-third of seats in the next general election.
Wrong.
Implementation is linked to the census and delimitation mechanism in Article 334A.
UPSC PYQ Connection
UPSC Prelims 2023 asked which amendment was widely believed to have been enacted to overcome judicial interpretations relating to Fundamental Rights.
The correct answer was the:
First Constitutional Amendment.
This shows how UPSC approaches amendments.
The examiner may not ask:
“What did the First Amendment do?”
Instead, it may connect:
Supreme Court judgment → Fundamental Rights → Parliament's response → Constitutional Amendment.
That is why amendment numbers should always be connected with their constitutional context.
Five Practice MCQs
Q1. With reference to the constitutional amendment procedure, consider the following statements:
- A Constitutional Amendment Bill may be introduced in either House of Parliament.
- A joint sitting can be called if the two Houses disagree.
- Certain amendments require ratification by at least half of the State Legislatures.
Which of the statements given above are correct?
A. 1 only
B. 1 and 3 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: B. 1 and 3 only
There is no constitutional provision for a joint sitting to resolve disagreement on a Constitutional Amendment Bill.
Q2. Consider the following pairs:
- 52nd Amendment — Anti-Defection
- 61st Amendment — Voting age reduced to 18
- 73rd Amendment — Municipalities
- 86th Amendment — Right to Education
Which of the pairs given above are correctly matched?
A. 1 and 2 only
B. 1, 2 and 4 only
C. 2, 3 and 4 only
D. 1, 2, 3 and 4
Answer: B. 1, 2 and 4 only
The 73rd Amendment deals with Panchayats. The 74th deals with Municipalities.
Q3. Which Constitutional Amendment introduced the GST Council?
A. 97th
B. 99th
C. 101st
D. 102nd
Answer: C. 101st Amendment
The GST Council is provided under Article 279A.
Q4. Consider the following:
- Article 15(6)
- Article 16(6)
- 10% EWS reservation
- 103rd Constitutional Amendment
Which of the above are correctly associated with one another?
A. 1 and 2 only
B. 2 and 3 only
C. 1, 2 and 3 only
D. 1, 2, 3 and 4
Answer: D. 1, 2, 3 and 4
The Supreme Court upheld the validity of this amendment in Janhit Abhiyan by a 3:2 majority.
Q5. With reference to the 106th Constitutional Amendment, consider the following statements:
- It provides for reservation of seats for women in Lok Sabha.
- It provides for reservation in State Legislative Assemblies.
- The reservation became operational immediately upon Presidential assent.
- Article 334A links implementation with a census-delimitation process.
Which of the statements given above are correct?
A. 1 and 2 only
B. 1, 2 and 4 only
C. 3 and 4 only
D. 1, 2, 3 and 4
Answer: B. 1, 2 and 4 only
The amendment created the constitutional framework, but Article 334A links its implementation to the specified future census and delimitation exercise.
Mains Perspective: Is Parliament's Amendment Power Too Limited?
A common criticism of the Basic Structure Doctrine is that the Constitution does not itself contain an Article listing the “basic structure”.
Critics argue that the doctrine gives judges significant power to decide which constitutional features Parliament cannot alter.
There is some force in this concern.
But consider the alternative.
If the amendment power were completely unlimited, a temporary parliamentary majority could theoretically:
- abolish elections,
- eliminate judicial review,
- destroy federalism,
- remove constitutional rights entirely,
- convert a democratic republic into an authoritarian State.
The Basic Structure Doctrine therefore tries to distinguish between:
changing the Constitution
and
destroying its constitutional identity.
The central constitutional challenge is to maintain a balance between:
democratic amendment by elected representatives
and
preservation of foundational constitutional principles.
Mains Practice Question
“The power of Parliament to amend the Constitution is wide, but it is not unlimited.” Discuss with reference to Article 368 and the Basic Structure Doctrine.
A strong answer can begin with:
Article 368 gives Parliament constituent power to amend the Constitution.
Then explain:
- special majority procedure,
- State ratification for federal provisions,
- 24th Amendment,
- Kesavananda Bharati,
- Basic Structure Doctrine,
- Minerva Mills,
- judicial review.
Use examples:
97th Amendment
Shows procedural limitation and importance of State ratification.
99th Amendment
Shows substantive Basic Structure limitation.
Conclude that Article 368 allows constitutional adaptation but does not give Parliament a legal power to destroy the Constitution's essential identity.
Best Way to Remember Major Amendments
Do not memorise twenty amendment numbers in one sitting.
Break them into themes.
Rights and Constitutional Power
1st → Fundamental Rights/social reform
24th → Amendment power
25th → Article 31C
42nd → Major constitutional expansion
44th → Democratic safeguards
Elections and Politics
52nd → Anti-Defection
61st → Voting at 18
91st → 15% Ministry + Anti-Defection
Local Government
73rd → Panchayats
74th → Municipalities
Education and Social Justice
86th → Right to Education
102nd → NCBC
103rd → EWS
105th → State SEBC Lists
106th → Women's Reservation
Economy and Federalism
97th → Cooperatives
101st → GST
Judiciary
99th → NJAC → Struck down
60-Second Final Revision
1st — 1951
15(4), 31A, 31B, Ninth Schedule
7th — 1956
State reorganisation
24th — 1971
Parliament can amend Constitution
25th — 1971
Article 31C
42nd — 1976
Mini-Constitution, Socialist, Secular, Integrity, Duties
44th — 1978
Emergency safeguards, Property → 300A
52nd — 1985
Anti-Defection
61st — 1988
Vote at 18
69th — 1991
Delhi, Article 239AA
73rd — 1992
Panchayats
74th — 1992
Municipalities
86th — 2002
Article 21A
91st — 2003
15% Ministry
97th — 2011
Cooperatives
99th — 2014
NJAC — struck down
100th — 2015
India–Bangladesh boundary
101st — 2016
GST
102nd — 2018
NCBC
103rd — 2019
EWS
104th — 2019
SC/ST political reservation extension
105th — 2021
State SEBC lists
106th — 2023
Women's legislative reservation
Five Numbers You Must Never Mix Up
42 vs 44
42 → Socialist/Secular/Duties
44 → Property + Emergency safeguards
52 vs 61
52 → Defection
61 → Voting
73 vs 74
73 → Rural
74 → Urban
101 vs 102
101 → GST
102 → NCBC
103 vs 106
103 → EWS
106 → Women
Final Takeaway
Constitutional amendments tell the story of how the Indian Republic has evolved.
The First Amendment shows the early struggle between rights and social reform.
The 24th and 25th Amendments led directly into the debate over Parliament's amendment power.
The 42nd and 44th Amendments reflect the constitutional lessons of the Emergency era.
The 73rd and 74th Amendments pushed democracy towards villages and cities.
The 101st Amendment transformed fiscal federalism through GST.
The 103rd Amendment introduced a new economic basis for reservation.
The 105th Amendment reflects continuing negotiation between Union and States.
The 106th Amendment seeks to change women's representation in legislatures.
But above all these changes stands one principle developed through judicial interpretation:
The Constitution can evolve without losing its constitutional identity.
Parliament can amend it.
Future generations can adapt it.
But the amendment power cannot legally be converted into a power to destroy the basic structure of the democratic Constitution itself.
That is the real significance of Article 368.
Sources and Standard References
Official Constitution of India
Official Constitutional Amendment Acts
Official McGraw Hill — Indian Polity by M. Laxmikanth
UPSC Official Previous Question Papers
