India’s Constitutional Amendments Acts

India’s Constitutional Amendments Acts

Major Constitutional Amendments in India

1st Constitutional Amendment Act, 1951

• This amendment added Article 15(4) and Article 19(6) and brought changes in the right to private property in pursuance of the decision of the Supreme Court concerning fundamental rights.

• Ninth Schedule to the Constitution was also added by it.

7th Constitutional Amendment Act, 1956

• Through this amendment, the implementation of the State Reorganization Act was made possible.

• The categorisation of States into Part A, Part B, and Part C ceased henceforth.

• Part C states were redesignated as Union Territories.

• The seats in the Rajya Sabha and in the Union and State Legislatures were reallocated.

• It also effected changes regarding the appointment of additional and acting judges, High Courts, and their jurisdictions, etc.

10th Constitutional Amendment Act, 1961

• Incorporated Dadra and Nagar Haveli as a Union Territory.

12th Constitutional Amendment Act, 1962

• Inclusion of the territories of Goa, Daman, and Diu into the Indian Union.

13th Constitutional Amendment Act, 1962

• Insertion of Art. 371 A to make special provisions for the administration of the State of Nagaland.

14th Constitutional Amendment Act, 1962

• Pondicherry, Karaikal, Mahe Ramanathapuramam, the former French territories, were specified in the Constitution as the Union Territory of Pondicherry (now Puducherry).

• Enabled the UTs of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry to have Legislatures and Council of Ministers.

19th Constitutional Amendment Act, 1966

• Art. 324 was amended to clarify the duties of the Election Commission.

• It deprived the Election Commission of the power to appoint election tribunals for deciding election disputes of members of Parliament and State Legislatures.

21st Constitutional Amendment Act, 1967

• Sindhi language was included as the 15th regional language in the Eighth Schedule.

24th Constitutional Amendment Act, 1971

• It was a retaliatory act of the Parliament to neutralise the effect of the judgment in the Gauhati Nath Case.

• It affirmed the parliament's power to amend any part of the Constitution, including Fundamental Rights, by amending Articles. 368 and 13.

• It made it obligatory for the President to give assent to Amendment Bills when they are presented to him/her.

26th Constitutional Amendment Act, 1971

• This amendment withdrew the recognition of the rulers of Princely States, and their privy purses were abolished.

36th Constitutional Amendment Act, 1975

• Made Sikka a full-fledged State of the Union of India.

38th Constitutional Amendment Act, 1975

• Clarified that the declaration of emergency by the President and promulgation of an Ordinance by the President or Governor cannot be challenged in any Court on any ground.

39th Constitutional Amendment Act, 1975

• The disputes or questions regarding elections of the President, Vice-President, Prime Minister, and Speaker of Lok Sabha were taken out of the purview of judicial review of the Supreme Court or High Courts.

42nd Constitutional Amendment Act, 1976 (Mini Constitution)

• The 42nd Amendment made fundamental changes in the constitutional structure, and it incorporated the words 'SOCIALIST', 'SECULAR', and 'INTEGRITY' in the Preamble.

• Fundamental Duties were added in Part IV A. Directive Principles were given precedence over Fundamental Rights, and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court.

• It made the power of Parliament supreme so far as amendment to the Constitution was concerned.

• It authorised the Supreme Court to transfer certain cases from one High Court to another and redefined the writ jurisdiction of the High Courts.

• It provided for Administrative Tribunals for speedy justice. It empowered the Centre to deploy armed forces in any State to deal with the grave law and order situation.

• It authorised the President to make a Proclamation of Emergency for any part of the country or for the whole of India.

• It made it obligatory for the President to act on the advice of the Council of Ministers.

• Tenure of the Lok Sabha and the State Assemblies was increased by one year.

43rd Constitutional Amendment Act, 1977 (w.ef. 13.04.1978)

• The 43rd Amendment omitted many articles inserted by the 42nd Amendment. It restored the jurisdiction of the Supreme Court and the High Courts, which had been curtailed under the 42nd Amendment.

44th Constitutional Amendment Act, 1978 (w.e.f. June-September, 1979)

• The amendment was brought by the Janata Party Government, which repealed some of the changes affected by the 42nd Amendment, omitted a few, and provided alterations.

• The property right was taken away from the list of Fundamental Rights and placed in a separate article. 300A as an ordinary legal right.

• Constitutionality of the Proclamation of Emergency by the President could be questioned in a court on the ground of mala fide (42nd Amendment had made it immune from judicial review).

• It brought the revocation of a Proclamation under Parliamentary control.

• In Article 352 regarding National Emergency, the words 'internal disturbance' were substituted by the words 'armed rebellion'.

• It authorised the President to refer back the advice to the Council of Ministers for reconsideration, but made it binding for the President to act on the reconsidered advice. The power of the Courts to decide disputes regarding the election of the Prime Minister and Speaker was restored.

• Constitutional protection on the publication of proceedings of Parliament and State Legislatures was provided.

52nd Constitutional Amendment Act, 1985

• This amendment was brought about during the Rajiv Gandhi regime with a view to putting an end to political defections.

• It added the Tenth Schedule to the Constitution, containing the modes for disqualification in case of defection from the Parliament or State Legislature.

55th Constitutional Amendment Act, 1986 (w.e.f 20.02.1987)

• The formation of Arunachal Pradesh took place with special powers given to the Governor.

• It also provided for a 30-member State Assembly.

56th Constitutional Amendment Act, 1987

• Goa was made a full-fledged State with a State Assembly, but Daman and Diu stayed as UTs.

58th Constitutional Amendment Act, 1987

• An authoritative text of the Constitution in Hindi was provided to the people of India by the President.

61st Constitutional Amendment Act, 1988 (w.e.f. 28.03.1989)

• It brought about an amendment to Article 326 for the reduction of the voting age from 21 to 18 years.

62nd Constitutional Amendment Act, 1989

• It increased the period of reservation of seats provided to the Scheduled Castes and Scheduled Tribes for another 10 years, i.e, up to 2000 A.D.

• The reservation for Anglo-Indians through nomination in case of their inadequate representation was also extended up to 2000 A.D.

65th Constitutional Amendment Act, 1990 (w.e.f. 12.03.1992)

• A National Commission for Scheduled Castes and Scheduled Tribes with wide powers was provided to take care of the cause of SCs/STs.

69th Constitutional Amendment Act, 1991 (w.e.f. .01.02.1992)

• Arts. 239-AA and 239-AB were inserted in the Constitution to provide a National Capital Territory Designation to the Union Territory of Delhi with a legislative Assembly and Council of Ministers.

70th Constitutional Amendment Act, 1992

• Altered Art. 54 and 368 to include members of legislative assemblies of Union Territories of Delhi and Pondicherry in the electoral College for the election of the President.

71st Constitutional Amendment Act, 1992

• It included Manipuri, Konkani, and Nepalese languages in the 8th Schedule.

73rd Constitutional Amendment Act, 1992 (w.e.f. 23/24.04.1993)

• The institution of Panchayati Raj received the Constitutional guarantee, status, and legitimacy.

• XIth Schedule was added to deal with it. It also inserted part IX, containing Arts. 243, 243A to 243O.

74th Constitutional Amendment Act, 1992 (w.e.f. 01.06.1993)

• Provided for constitutional sanctity to Municipalities by inserting Part IX-A, containing Articles. 243P to 243ZG and the XIIth Schedule, which deals with the items concerning Municipalities.

78th Constitutional Amendment Act, 1995

• This amended the Ninth Schedule of the Constitution to insert 27 Land Reform Acts of various States. After this, the total Number of Acts included in the Ninth Schedule went up to 284.

79th Constitutional Amendment Act, 1999

• Amended Art. 334 to extend the reservation of seats for SCs/STs and Anglo-Indians in the Lok Sabha and in the State Legislative Assemblies up to 60 years from the commencement of the Constitution (i.e., till 2010).

82nd Constitutional Amendment Act, 2000

• This amendment restored the relaxation in qualifying marks and standards of evaluation in both job reservation and promotions to the Scheduled Castes and Scheduled Tribes, which was set aside by a Supreme Court judgment in 1996.

84th Constitutional Amendment Act, 2001 (w.e.f. 21.02.2002)

This amendment provided that till the publication of the relevant figures of the first census after 2026, the ascertainment of the population of a State for the following purposes shall be made based on the census shown against each of them:

• Election of the President under Art. 55—1971 census.

• Allotment of seats to each State in Lok Sabha—1971 census.

• Division of the State into territorial Lok Sabha constituencies—1991 census.

• Composition of Legislative Assemblies under Art. 170—1991 census.

• Reservation of seats for SC/ST in the Lok Sabha under the Act. 330—1991 census.

91st Constitutional Amendment Act, 2003 (w.e.f. 01.01.2004)

• This amendment limits the size of Ministries at the Centre and in States.

• According to new Clause (1-A), the total number of Ministers, including the Prime Minister in the Union Council of Ministers or Chief Minister in the State Legislative Assemblies, shall not exceed 15 per cent of the total members of the Lok Sabha in the Centre or Vidhan Sabha in the states.

• The new Clause (1-B) of Article 75 provides that a member of either House of Parliament belonging to any political party who is disqualified on the ground of defection shall also be disqualified to be appointed as a minister under Clause (1) of Article. 75 and 164 until he is again elected.

However, the number of Ministers, including the Chief Minister in a State, shall not be less than 12 (in smaller States like Sikkim, Mizoram, and Goa).

92nd Constitutional Amendment Act, 2003 (w.e.f.07.01.2004)

• It amended the Eighth Schedule of the Constitution and inserted 4 new languages:

  • Bodo

  • Dogri

  • Maithili

  • Santhal

• After this amendment, the total number of constitutionally recognised official languages became 22.

93rd Constitutional Amendment Act, 2005 (w.e.f. 20.01.2006)

• Provided reservation in admissions in private unaided educational institutions for students belonging to the Scheduled Castes/Tribes and Other Backward Classes.

94th Constitutional Amendment Act, 2006

• Excluded Bihar from the provision of Clause (1) of Article. 164, which provides that there shall be a minister in charge of tribal welfare who may,additionitio, be in charge of the welfare of the Scheduled Castes and backward classes in Bihar, Madhya Pradesh, and Orissa (now Odisha).

• It extends the provisions of clause(1) of the Article. 164 to the newly formed States of Chhattisgarh and Jharkhand.

95th Constitutional Amendment Act, 2009

• Extended the reservation of seats for SCs and STs in the Lok Sabha and State assemblies by another 10 years (beyond January 25, 2010).

• The time period of 60 years under Art. 334 was to lapse on January 25, 2010.

• Through this amendment in Art. 334, the words 'sixty years' were substituted by 'seventy years'

98th Constitutional Amendment Act, 2012 (DoA*: 01.01.2013)

• Insertion of Article 371J (Special provisions with respect to the State of Karnataka).

99th Constitutional Amendment Act, 2014 (DoA*: 31.12.2014)

• Insertion of new articles 124A, 124B, and 124C.

• Amendments in Articles 127, 128, 217, 222, 224A, 231.

• The amendment makes provision for the formation of a National Judicial Appointments Commission.

• 16 State assemblies out of 29 States (including Goa, Gujarat, Rajasthan, Telangana, and Tripura) ratified the central legislation that enabled the president of India to give his assent to the bill.

However, the Supreme Court, on 16 October 2015, quashed the amendment in toto.

100th Constitutional Amendment Act, 2015 (DoA*:28.05.2015)

• Amendment in the First Schedule of the Constitution of India to give effect to the acquisition of territories by India and the transfer of certain territories to Bangladesh and conferment of citizenship rights to residents of enclaves consequent to the signing of the Land Boundary Agreement (LBA) Treaty between India and Bangladesh.

101st Constitutional Amendment Act, 2016 (DoA*: 08.09.2016)

Sixth and Seventh Schedules, along with Articles 248, 249, 250, 268, 269, 270, 271, 286, 366, and 368, have been amended. Articles 246A, 269A, and 279A are inserted, while Article 268A has been omitted.

Art. 246A1 contains special provisions with respect to GST:

• Parliament and, subject to clause (2), the legislature of every State have power to make laws with respect to goods and services tax imposed by the Union or by such State.

• Parliament has exclusive power to make laws with respect to GST where the supply of goods, or services, or both takes place in the course of inter-State trade or commerce.

Explanation: The provisions shall, in respect of GST, take effect from the date recommended by the Goods and Services Tax Council.

• Newly inserted Art. 269A refers to the Levy and Collection of GST in the course of inter-State trade or commerce.

• Art 279A (new insertion) refers to 'Goods and Services Tax Council'.

• Amending the Sixth Schedule, "(e) taxes on entertainment and amusements" has been inserted.

Amending Seventh Schedule entries 52, 55, 92, a nd 92C have been omitted, while entries 54, 62, and 84 have been substituted. Referring to GST, the amendment of the Seventh Schedule contains Compensation to States for loss of revenue on account of the introduction of goods and services tax; Transitional provisions, powers of the President to remove difficulties, etc.

102nd Constitutional Amendment Act, 2018 (DoA*: 11.08.2018)

• This Act provides constitutional status to the National Commission for Backward Classes (NCBC).

• A new Article 338-B and Art. 342Ahase been inserted in the Constitution after this amendment, besides the modification of Articles 338 and 366.

103rd Constitutional Amendment Act, 2019 (DoA*:12.01.2019)

• The Act amends Articles 15 and 16 of the Constitution by adding a clause which allows states to make "special provision for the advancement of any economically weaker section of citizens".

• To give effect to the measure of providing 10% reservation to other sections in the general category, Lok Sabha passed the 124th Constitution (Amendment) Bill, 2019 on January 8, while the Bill was passed by Rajya Sabha the next day (9th Jan.).

• The President's assent to the Bill was received on January 12.

104th Constitutional Amendment Act, 2019 (DoA*: 21.01.2020)

This Act may be called the Constitution (104th Amendment) Act, 2019. Came into force on the 25th January, 2020. This Act made amendments in Article 334—

• For the marginal heading, the following marginal heading shall be substituted: "Reservation of seats and special representation to cease after a certain period".

• In the long line, after clauses (a) and (b), for the words "seventy years", the words "eighty years in respect of clause (a) and seventy years in respect of clause (b)" shall be substituted. (w.e.f. 16.09.2016)

105th Amendment Act, 2021 (DoA*: 20.08.2021)

• This Act restores the power of State Governments to identify and specify Socially and Educationally Backward Classes (SEBCs).

• The Constitution (127th Amendment) Bill 2021 was passed by the Parliament (Lok Sabha on 10th August and Rajya Sabha on 11th August 2021) during the monsoon session.

• The bill should be considered as the 105th Constitution Amendment bill after being renumbered.

106th Constitutional Amendment Act, 2023

• Popularly known as the Women's Reservation Bill, 2023 (Nari Shakti Vandan Adhiniyam), was introduced in Lok Sabha on 19 September 2023 during the special session of Parliament.

• The legislation seeks to allocate 33% of the seats in the directly elected Lok Sabha, State legislative assemblies, and Delhi legislative assemblies for women.

• The Act, which will come into effect on a date specified by the Central Government, will reserve one-third of all seats for women in the Lok Sabha, State legislative assemblies, and the Legislative Assembly of Delhi.

Final Thoughts

The Constitutional Amendments in India reflect the dynamic and evolving nature of the Constitution, balancing rigidity and flexibility to meet changing social, political, and economic needs. Each amendment, from the 1st to the 106th, shows how India has addressed state reorganization, fundamental rights, reservation policies, governance reforms, and fiscal matters. Major amendments like the 42nd, 44th, and 106th highlight the Parliament’s power to make structural changes while respecting the basic structure doctrine.

The Constitutional Amendments ensure that the Constitution remains relevant, inclusive, and progressive, empowering the government to respond to evolving challenges without undermining the nation’s unity, federalism, or democratic principles.

These amendments also demonstrate the delicate balance between Directive Principles of State Policy and Fundamental Rights, the expansion of social justice, and the protection of individual freedoms. Through successive Constitutional Amendments, India has strengthened democracy, decentralization, and governance, while providing mechanisms for judicial review to prevent misuse of power.