Amendments to the Constitution of India

The Constitution of India, adopted in 1950, is a living document designed to adapt to the evolving needs of the nation. Amendments to the Constitution ensure it remains relevant while preserving its fundamental values. 

Guided by Article 368, the amendment process allows changes to be made either by a simple majority, a special majority, or a special majority with state ratification, depending on the nature of the provisions involved. These amendments have been pivotal in shaping India’s political, social, and economic framework, addressing issues like social justice, electoral reforms, and federalism. 

With 448 Articles and 106 amendments to date, the Constitution exemplifies flexibility balanced with stability. Notable amendments, such as the 42nd Amendment (1976) and the 73rd Amendment (1992), reflect its role in empowering citizens and strengthening democracy. Understanding these amendments provides valuable insights into India’s journey of nation-building.

List of Constitutional Amendments

Below is the complete list of all 106 Amendments to the Constitution of India, up to the 106th Amendment Act of 2023:

1–10 Amendments

1. 1st Amendment (1951) – Protected land reform laws; restricted freedom of speech (reasonable restrictions); added the Ninth Schedule.
2. 2nd Amendment (1952) – Changed representation in Parliament (Lok Sabha size adjustment).
3. 3rd Amendment (1954) – Revised the Seventh Schedule, transferring certain subjects between State and Union Lists.
4. 4th Amendment (1955) – Limited property rights and added further laws to the Ninth Schedule.
5. 5th Amendment (1955) – Allowed flexibility in modifying state boundaries.
6. 6th Amendment (1956) – Extended Union jurisdiction over tribal areas in Assam.
7. 7th Amendment (1956) – Reorganized states and territories; established Union Territories.
8. 8th Amendment (1960) – Extended reservations for Scheduled Castes/Scheduled Tribes in Lok Sabha and state assemblies.
9. 9th Amendment (1960) – Adjusted boundaries between India and Pakistan.
10. 10th Amendment (1961) – Incorporated Dadra and Nagar Haveli into India.

11–20 Amendments

11. 11th Amendment (1961) – Changed how the Vice President is elected to the Rajya Sabha.
12. 12th Amendment (1962) – Incorporated Goa, Daman, and Diu as Union Territories.
13. 13th Amendment (1962) – Gave Nagaland special status under Article 371A.
14. 14th Amendment (1962) – Incorporated Puducherry into India.
15. 15th Amendment (1963) – Increased the retirement age of High Court judges.
16. 16th Amendment (1963) – Strengthened restrictions on public office for anti-national activities.
17. 17th Amendment (1964) – Further restricted property rights and added more laws to the Ninth Schedule.
18. 18th Amendment (1966) – Clarified constitutional provisions related to reorganization.
19. 19th Amendment (1966) – Abolished the right to appeal in civil cases before the Supreme Court.
20. 20th Amendment (1966) – Validated laws and appointments that had become invalid due to procedural issues.

21–30 Amendments

21. 21st Amendment (1967) – Added Sindhi as an official language in the Eighth Schedule.
22. 22nd Amendment (1969) – Created the Union Territory of Meghalaya.
23. 23rd Amendment (1969) – Extended reservations for SC/ST in legislatures.
24. 24th Amendment (1971) – Affirmed Parliament's right to amend any part of the Constitution.
25. 25th Amendment (1971) – Reduced the right to property and empowered government acquisition.
26. 26th Amendment (1971) – Abolished privy purses of former rulers.
27. 27th Amendment (1971) – Reorganized Union Territories, creating Arunachal Pradesh and Mizoram.
28. 28th Amendment (1972) – Abolished special privileges for ICS officers.
29. 29th Amendment (1972) – Added Kerala land reform laws to the Ninth Schedule.
30. 30th Amendment (1972) – Changed jurisdiction for Union Territories’ parliamentary representation.

31–40 Amendments

31. 31st Amendment (1973) – Increased Lok Sabha seats from 525 to 545.
32. 32nd Amendment (1974) – Established provisions for the Andhra Pradesh autonomy issue.
33. 33rd Amendment (1974) – Imposed restrictions on resignation from the legislatures.
34. 34th Amendment (1974) – Added more land reform laws to the Ninth Schedule.
35. 35th Amendment (1975) – Gave Sikkim Associate State status.
36. 36th Amendment (1975) – Made Sikkim a full state of India.
37. 37th Amendment (1975) – Created the Legislative Assembly for Arunachal Pradesh.
38. 38th Amendment (1975) – Limited judicial review of Emergency proclamations.
39. 39th Amendment (1975) – Barred judicial review of election disputes for certain offices, including the Prime Minister.
40. 40th Amendment (1976) – Added more land laws to the Ninth Schedule.

41–50 Amendments

41. 41st Amendment (1976) – Increased the President's and Governors’ privileges post-retirement.
42. 42nd Amendment (1976) – The most comprehensive amendment; added "Socialist," "Secular," and "Integrity" to the Preamble; curtailed judicial review powers.
43. 43rd Amendment (1977) – Restored some judicial review powers removed by the 42nd Amendment.
44. 44th Amendment (1978) – Nullified the 42nd Amendment's excesses; safeguarded civil liberties.
45. 45th Amendment (1980) – Extended SC/ST reservations.
46. 46th Amendment (1982) – Broadened the taxation scope of the state.
47. 47th Amendment (1984) – Added more land reform laws to the Ninth Schedule.
48. 48th Amendment (1984) – Allowed President's Rule in Punjab beyond one year.
49. 49th Amendment (1984) – Gave Tripura special status.
50. 50th Amendment (1984) – Added service conditions for SC/STs in Union and state services.

51–106 Amendments

51. 51st Amendment (1984) – Reserved Lok Sabha seats for STs in Mizoram, Meghalaya, and Nagaland.
52. 52nd Amendment (1985) – Introduced the Anti-Defection Law.
53. 53rd Amendment (1986) – Gave special status to Mizoram.
54. 54th Amendment (1986) – Revised salaries of judges.
55. 55th Amendment (1987) – Granted special status to Arunachal Pradesh.
56. 56th Amendment (1987) – Incorporated Goa as a state.
57. 57th Amendment (1987) – Reserved seats in legislatures for STs in Arunachal Pradesh.
58. 58th Amendment (1987) – Provided an authoritative Hindi text of the Constitution.
59. 59th Amendment (1988) – Allowed Emergency in Punjab for up to three years.
60. 60th Amendment (1988) – Increased taxes on professions.
61. 61st Amendment (1989) – Reduced voting age from 21 to 18.
62. 62nd Amendment (1989) – Extended SC/ST reservations.
63. 63rd Amendment (1990) – Repealed Punjab Emergency powers.
64. 64th Amendment (1990) - Extended President's rule in Punjab.
65. 65th Amendment (1990) - Strengthened the National Commission for SCs and STs.
66. 66th Amendment (1990) - Added more land reforms to the Ninth Schedule.
67. 67th Amendment (1990) - Extended President's rule in Punjab.
68. 68th Amendment (1991) - Extended President's rule in Punjab.
69. 69th Amendment (1991) - Granted Delhi National Capital Territory status.
70. 70th Amendment (1992) - Included UTs in Presidential electoral college.
71. 71st Amendment (1992) - Added Konkani, Manipuri, and Nepali languages.
72. 72nd Amendment (1992) - Addressed tribal areas in Tripura.
73. 73rd Amendment (1992) - Instituted Panchayati Raj.
74. 74th Amendment (1992) - Empowered urban local bodies.
75. 75th Amendment (1994) - Addressed tenancy and rent matters.
76. 76th Amendment (1994) - Allowed Tamil Nadu’s reservation policy.
77. 77th Amendment (1995) - Reserved promotion posts for SCs and STs.
78. 78th Amendment (1995) - Added more land reform laws to Ninth Schedule.
79. 79th Amendment (1999) - Extended reservation of seats for SCs and STs.
80. 80th Amendment (2000) - Revised tax distribution between the center and states.
81. 81st Amendment (2000) - Allowed backlog vacancies for SCs and STs.
82. 82nd Amendment (2000) - Restored reservation benefits for SCs and STs.
83. 83rd Amendment (2000) - Exempted Nagaland from reservations.
84. 84th Amendment (2001) - Redefined constituencies.
85. 85th Amendment (2001) - Permitted promotion reservation for SCs and STs.
86. 86th Amendment (2002) - Made education a fundamental right.
87. 87th Amendment (2003) - Redefined constituencies again.
88. 88th Amendment (2003) - Provided for service taxes.
89. 89th Amendment (2003) - Divided the SC/ST Commission into two.
90. 90th Amendment (2003) - Reserved seats in Assam.
91. 91st Amendment (2004) - Capped ministerial positions.
92. 92nd Amendment (2004) - Added Bodo, Dogri, Santhali, and Maithili languages.
93. 93rd Amendment (2005) - Allowed reservation for OBCs in higher education.
94. 94th Amendment (2006) - Modified reservation for SCs and STs.
95. 95th Amendment (2010) - Extended reservation for SCs and STs.
96. 96th Amendment (2011) - Changed the name of the Oriya language to Odia.
97. 97th Amendment (2011) - Added cooperative societies.
98. 98th Amendment (2013) - Established the Council of Telangana.
99. 99th Amendment (2014) - Introduced National Judicial Appointments Commission (later invalidated).
100. 100th Amendment (2015) - Exchanged land enclaves with Bangladesh.
101. 101st Amendment (2016) - Introduced Goods and Services Tax (GST).
102. 102nd Amendment (2018) - Gave constitutional status to the National Commission for Backward Classes.
103. 103rd Amendment (2019) - Provided for 10% reservation for Economically Weaker Sections (EWS).
104. 104th Amendment (2020) - Extended SC/ST reservation and ended Anglo-Indian reservation.
105. 105th Amendment (2021) - Restored state power to identify OBCs.
106. 106th Amendment (2023) - Reserve one-third of the seats in the Lok Sabha, state legislative assemblies and Delhi Legislative Assembly for women for a period for 15 years after coming effect.

The Constitution of India is often called a "living document" because it can be changed or updated as times change. These changes are called "amendments." Just like how we update our software or apps to make them better, our Constitution can also be updated to meet new challenges and needs of our society.

When India became independent in 1947, our founding fathers knew that the Constitution would need to be flexible enough to adapt to changing times. They were wise to include a process for making amendments, which has helped India grow and evolve as a democratic nation.

What Are Constitutional Amendments?

A constitutional amendment is simply a change or addition made to the Constitution. Think of it like editing a document to make it more relevant or to fix problems that weren't anticipated when it was first written.

The Indian Constitution has been amended over 100 times since it came into effect on January 26, 1950. This shows how actively our democracy has worked to improve and adapt our fundamental law.

Why Do We Need Amendments?

There are several reasons why amendments are necessary:

Changing Times: When the Constitution was written in 1950, India was very different. We didn't have computers, the internet, or many modern challenges we face today. Amendments help the Constitution stay relevant.

Social Progress: As society evolves, we need laws that reflect our growing understanding of equality, justice, and human rights.

Practical Problems: Sometimes, the original Constitution creates unexpected problems in governance that need to be fixed through amendments.

Economic Development: As India's economy grows and changes, we need constitutional provisions that support development while protecting citizens' rights.

How Are Amendments Made?

The process of amending the Indian Constitution is outlined in Article 368. It's not too difficult, but it's also not too easy. This balance ensures that important changes can be made while preventing hasty or harmful modifications.

The Amendment Process

Step 1: Introduction: An amendment bill can be introduced in either house of Parliament (Lok Sabha or Rajya Sabha) by any member of Parliament.

Step 2: Parliamentary Approval: The bill must be passed by both houses of Parliament with a special majority. This means:

• More than half of the total members of each house must be present
• At least two-thirds of the members present and voting must agree

Step 3: Presidential Assent: After Parliament passes the amendment, it goes to the President of India for approval.

Step 4: State Ratification (for some amendments): Certain amendments that affect the federal structure of the country must also be approved by at least half of the state legislatures.

Types of Amendment Procedures

Not all amendments follow the same process. There are three types:

Simple Majority (Article 368 exception): Some provisions can be amended by a simple majority in Parliament, like changing the names of states or creating new states.

Special Majority: Most amendments require a special majority in Parliament (two-thirds of members present and voting).

Special Majority Plus State Ratification: Amendments affecting the federal structure, like changes to the distribution of powers between the Center and states, need approval from state legislatures too.

Important Categories of Amendments

Fundamental Rights Amendments

Many amendments have been made to expand or clarify our fundamental rights:

Right to Education: The 86th Amendment (2002) made education a fundamental right for children aged 6-14 years. This was a huge step forward in ensuring every Indian child gets an education.

Right to Information: While not directly a constitutional amendment, various amendments have strengthened transparency and accountability in government.

Social Justice Amendments

Several amendments have promoted social equality:

Reservation Amendments: Multiple amendments have extended reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in education and employment. These help correct historical injustices and ensure equal opportunities.

Women's Rights: Various amendments have promoted gender equality and women's participation in governance.

Political and Electoral Reforms

Anti-Defection Law: The 52nd Amendment (1985) added the Tenth Schedule, which prevents elected representatives from changing parties for personal gain.

Panchayati Raj: The 73rd and 74th Amendments (1992) strengthened local self-government by giving constitutional status to Panchayati Raj institutions and urban local bodies.

Voting Age: The 61st Amendment (1988) reduced the voting age from 21 to 18 years, allowing younger citizens to participate in democracy.

Economic Policy Amendments

Right to Property: The 44th Amendment (1978) removed the right to property from fundamental rights, making it easier for the government to acquire land for public purposes.

GST Implementation: The 101st Amendment (2016) enabled the implementation of the Goods and Services Tax, creating a unified tax system across India.

Some Notable Amendments in Detail

The First Amendment (1951)

This was the first change to our Constitution, made just one year after it came into effect. It dealt with:

• Land reforms and the abolition of zamindari system
• Restrictions on freedom of speech to maintain public order
• Special provisions for the advancement of Scheduled Castes and Scheduled Tribes

The 42nd Amendment (1976) - "The Mini Constitution"

This is called the "Mini Constitution" because it made extensive changes:

• Added the words "Socialist," "Secular," and "Integrity" to the Preamble
• Added Fundamental Duties for citizens
• Strengthened the Directive Principles of State Policy
• Made several changes to the distribution of powers between Center and states

Many parts of this amendment were later modified by the 44th Amendment because some changes were seen as too extreme.

The 73rd and 74th Amendments (1992)

These twin amendments revolutionized local governance in India:

• 73rd Amendment: Gave constitutional status to Panchayati Raj institutions (village-level governance)
• 74th Amendment: Did the same for urban local bodies (city-level governance)
• Ensured regular elections to these bodies
• Reserved seats for women, Scheduled Castes, and Scheduled Tribes

The 86th Amendment (2002)

This amendment made education a fundamental right by:

• Adding Article 21A, which guarantees free and compulsory education for children aged 6-14
• Making it a fundamental duty of parents to ensure their children get education
• This led to the Right to Education Act, 2009

The 101st Amendment (2016)

This amendment enabled the Goods and Services Tax (GST):

• Created a unified tax system across India
• Replaced multiple central and state taxes with a single GST
• Established the GST Council to make decisions about tax rates and policies

Challenges and Controversies

The Basic Structure Doctrine

In 1973, the Supreme Court established an important principle called the "Basic Structure Doctrine." This means that while Parliament can amend the Constitution, it cannot destroy its basic features like:

• Democracy
• Separation of powers
• Federalism
• Secularism
• Individual liberty

This doctrine has been crucial in preventing amendments that might harm the Constitution's fundamental character.

Political Misuse

Sometimes, amendments have been made for political reasons rather than genuine need. The 42nd Amendment during the Emergency (1975-77) is often cited as an example of how the amendment power can be misused.

Frequent Changes

Critics argue that India amends its Constitution too frequently compared to other countries. While flexibility is good, too many changes can create instability and confusion.

Benefits of Constitutional Amendments

Adaptability

Amendments have helped India adapt to changing circumstances. For example, the GST amendment modernized our tax system, while education amendments ensured children's rights to schooling.

Social Progress

Many amendments have promoted social justice and equality. Reservation amendments have helped marginalized communities, while women's reservation in local bodies has increased their political participation.

Better Governance

Amendments like the anti-defection law have improved political stability, while Panchayati Raj amendments have brought governance closer to the people.

Economic Development

Various amendments have supported economic reforms and development while ensuring that growth benefits all sections of society.

Current Debates and Future Amendments

Women's Reservation Bill

There's ongoing discussion about reserving seats for women in Parliament and state legislatures, similar to reservations in local bodies.

Simultaneous Elections

There's debate about amending the Constitution to enable simultaneous elections to Parliament and state assemblies to reduce election costs and governance disruptions.

Judicial Reforms

Some experts suggest amendments to improve the judicial system, including changes to the appointment process of judges.

Environmental Rights

There's growing discussion about making environmental protection a fundamental right through constitutional amendment.

Lessons for Citizens

Understanding constitutional amendments is important for every Indian citizen because:

Democratic Participation: When we understand how our Constitution can be changed, we can better participate in democratic discussions about proposed amendments.

Rights Awareness: Many amendments have expanded our rights. Knowing about these helps us claim and protect our rights.

Civic Responsibility: As citizens, we have a role in ensuring that amendments serve the nation's best interests and don't harm democratic values.

Future Planning: Understanding the amendment process helps us think about what changes might be needed in the future as India continues to grow and develop.

Conclusion

The amendment process is one of the Indian Constitution's greatest strengths. It has allowed our nation to evolve and adapt while maintaining its core democratic values. From ensuring children's education to implementing modern tax systems, from promoting social justice to strengthening local governance, amendments have helped India progress.

However, this power must be used wisely. Every amendment should genuinely serve the people's interests and strengthen our democracy. As citizens, we must stay informed about proposed amendments and participate in democratic discussions about our Constitution's future.

The Constitution is not just a legal document - it's the foundation of our democracy and the protector of our rights. Through thoughtful amendments, we can ensure it continues to serve future generations of Indians, helping our nation grow while preserving the values of justice, liberty, equality, and fraternity that our founding fathers envisioned.

Remember, the Constitution belongs to all of us. By understanding how it can be changed and why changes are made, we become better citizens and stronger defenders of our democracy. The amendment process ensures that our Constitution remains a living, breathing document that grows with our nation and serves our people's changing needs while protecting our fundamental values.