PolityAugust 18, 2026
Major Constitutional Amendments in India: 1st to 106th Amendment Acts, Article 368 & Landmark Cases for UPSC
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UPSC Planner Editorial Team
Summary
A comprehensive UPSC guide to major Constitutional Amendment Acts from the 1st to 106th Amendment, covering Article 368 procedures, Basic Structure evolution, landmark cases, and high-yield Prelims notes.
The Constitution of India strikes a deliberate balance between flexibility and rigidity, providing a dynamic framework capable of adapting to changing socio-economic realities while safeguarding core democratic principles. Under Part XX, Article 368, the Parliament is vested with constituent power to amend the Constitution by way of addition, variation, or repeal of any provision, in accordance with the prescribed procedure.
Since the enactment of the Constitution on 26 January 1950, the Indian Parliament has enacted 106 Constitutional Amendment Acts (from the 1st Amendment Act, 1951 to the 106th Amendment Act, 2023, known as the Nari Shakti Vandan Adhiniyam).
The constitutional amendment process reflects India's unique federal architecture, ranging from simple parliamentary legislation outside Article 368 to special majorities and state legislative ratifications, bounded by the judicially evolved Basic Structure Doctrine.
Quick Facts Matrix: Constitutional Amendments in India
| Parameter | Constitutional / Statutory Detail | UPSC Prelims Relevance |
|---|---|---|
| Total Enacted Amendments | 106 Constitutional Amendment Acts (1951 to 2023) | Exact tally of enacted amendments |
| Constitutional Chapter | Part XX (Article 368): Power of Parliament to amend the Constitution and procedure therefor | Constitutional location |
| Source of Inspiration | South African Constitution (Procedural framework for amendment) | Constitutional borrowing |
| First Amendment Act | 1st Amendment Act, 1951 (Inserted 9th Schedule, Articles 31A and 31B, modified Article 19) | Land reforms and fundamental rights |
| Latest Amendment Act | 106th Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam, Women's Reservation in Lok Sabha/Assemblies) | Latest enacted amendment |
| Mandatory Presidential Assent | 24th Amendment Act, 1971 made it obligatory for the President to give assent to Amendment Bills | Eliminates Presidential veto on amendments |
| Joint Sitting Provision | No provision for Joint Sitting under Article 108 for Constitutional Amendment Bills | High-yield elimination rule |
| State Legislature Initiation | Cannot be initiated in State Legislatures; must originate in Lok Sabha or Rajya Sabha | Exclusivity of Parliamentary initiation |
| Judicial Limitation | Basic Structure Doctrine established in Kesavananda Bharati (1973) | Limits Article 368 amending power |
Statutory & Procedural Framework: Article 368
Article 368 outlines the mechanisms for amending the Indian Constitution. Based on the subject matter and federal implications, constitutional amendments in India fall into three procedural categories.
1. Amendment by Simple Majority of Parliament (Outside the Scope of Article 368)
Certain provisions of the Constitution can be amended by a simple majority of each House of Parliament (majority of members present and voting), exactly like ordinary legislation. By constitutional express declaration (such as in Articles 4(2), 169(3), and Paragraph 7 of the Sixth Schedule), these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.
- Admission or establishment of new States, formation of new States, and alteration of areas, boundaries, or names of existing States (Articles 2, 3, and 4).
- Abolition or creation of Legislative Councils in States (Article 169).
- Second Schedule: Emoluments, allowances, and privileges of the President, Governors, Judges, and Speakers.
- Quorum in Parliament (Article 100(3)).
- Salaries and allowances of Members of Parliament (Article 106).
- Rules of procedure in Parliament and privileges of Parliament and its members.
- Use of English language in Parliament and official language provisions (Article 343).
- Conferment of more jurisdiction on the Supreme Court (Article 138).
- Elections to Parliament and State Legislatures (Article 327).
- Fifth Schedule and Sixth Schedule: Administration of Scheduled Areas, Scheduled Tribes, and Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.
2. Amendment by Special Majority of Parliament (Article 368(2))
Provisions that do not affect the federal structure but require institutional stability can be amended only by a Special Majority of Parliament:
- A majority of the total membership of each House (that is, more than 50% of the total strength, regardless of vacancies or absentees); and
- A majority of not less than two-thirds of the members of that House present and voting.
- Key Areas Covered:
- Fundamental Rights (Part III, Articles 12 to 35).
- Directive Principles of State Policy (Part IV, Articles 36 to 51).
- All other provisions not covered under Category 1 or Category 3.
3. Amendment by Special Majority of Parliament and Ratification by States (Proviso to Article 368(2))
Provisions that directly impact the federal structure of the Union and the States require a rigorous two-step ratification process:
- Passed by Special Majority in both Houses of Parliament; and
- Ratified by the Legislatures of not less than one-half of the States by resolutions passed by a Simple Majority (majority of members present and voting) before the Bill is presented to the President for assent.
- Federal Provisions Requiring State Ratification:
- Election of the President and its manner (Articles 54 and 55).
- Extent of the executive power of the Union and the States (Articles 73 and 162).
- The Union Judiciary and the High Courts in the States (Articles 124 to 147, 214 to 231, and Article 241).
- Distribution of legislative powers between the Union and the States (Chapter I of Part XI and the Seventh Schedule Lists).
- Goods and Services Tax (GST) Council (Article 279A).
- Representation of States in Parliament (Fourth Schedule).
- The provisions of Article 368 itself.
Key Rules of Amendment Procedure
- Initiation Exclusivity: A Constitutional Amendment Bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It cannot be introduced in a State Legislative Assembly or State Legislative Council.
- No Prior Presidential Sanction: The Bill does not require prior recommendation or sanction of the President for its introduction, even if it relates to subjects like financial provisions.
- Independent Passage: The Bill must be passed by each House separately. There is no provision for a Joint Sitting under Article 108 to resolve a deadlock between the two Houses on a Constitutional Amendment Bill. If one House rejects the Bill, it lapses.
- Obligatory Presidential Assent: When the Bill is duly passed and ratified (where required), it is presented to the President who shall give his assent to the Bill (made mandatory by the 24th Constitutional Amendment Act, 1971). The President cannot withhold assent or return the Bill for reconsideration.
Judicial Review & Evolution of the Basic Structure Doctrine
The contest between Parliamentary supremacy to amend the Constitution and judicial power to preserve constitutional identity is one of the defining themes of Indian constitutional law.
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JUDICIAL EVOLUTION OF THE BASIC STRUCTURE DOCTRINE
Shankari Prasad (1951) ➔ Sajjan Singh (1965) ➔ Golaknath (1967) ➔
24th Amendment (1971) ➔ Kesavananda Bharati (1973) ➔ Minerva Mills (1980) ➔
I.R. Coelho (2007)
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1. Shankari Prasad v. Union of India (1951) & Sajjan Singh v. State of Rajasthan (1965)
- The Supreme Court held that the power to amend the Constitution under Article 368 includes the power to amend Fundamental Rights.
- The Court ruled that the word "law" in Article 13(2) refers only to ordinary legislative law and does not include constituent law (amendments made under Article 368). Thus, a constitutional amendment cannot be challenged for violating Fundamental Rights.
2. I.C. Golaknath v. State of Punjab (1967)
- An 11-judge bench, by a 6:5 majority, reversed the earlier position and held that Fundamental Rights are given a transcendental and immutable position.
- The Court held that an amendment under Article 368 is a "law" within the meaning of Article 13(2). Consequently, Parliament cannot take away or abridge any Fundamental Right through a constitutional amendment.
3. The 24th Constitutional Amendment Act, 1971
- In response to Golaknath, Parliament amended Articles 13 and 368:
- Inserted Article 13(4): Stating that nothing in Article 13 shall apply to any amendment made under Article 368.
- Inserted Article 368(1) and 368(3): Expressly affirming Parliament's constituent power to amend any part of the Constitution and making Presidential assent mandatory.
4. Kesavananda Bharati v. State of Kerala (1973)
- A historic 13-judge bench, by a 7:6 majority, delivered the landmark judgment that settled the amending power:
- Overruled the Golaknath decision and upheld the constitutional validity of the 24th Amendment Act.
- Affirmed that Parliament has the power to amend any part of the Constitution, including Fundamental Rights.
- Formulated the Basic Structure Doctrine: Parliament's amending power is constituent but not unlimited. Parliament cannot alter, damage, or destroy the Basic Structure or essential features of the Constitution.
5. Minerva Mills v. Union of India (1980)
- The Supreme Court struck down Section 55 of the 42nd Amendment Act (which had inserted Article 368(4) and (5) claiming unlimited amending power and barring judicial review).
- The Court held that a limited amending power is itself one of the basic features of the Constitution, and Parliament cannot, under Article 368, expand its amending power into an absolute or unlimited power.
- Reaffirmed that the harmony and balance between Fundamental Rights (Part III) and Directive Principles (Part IV) is an essential element of the Basic Structure.
6. I.R. Coelho v. State of Tamil Nadu (2007)
- A unanimous 9-judge bench ruled on the immunity of laws placed in the Ninth Schedule:
- Laws placed in the Ninth Schedule after 24 April 1973 (the date of the Kesavananda Bharati verdict) do not enjoy blanket immunity.
- Such laws are open to judicial review and can be tested on the touchstone of the Basic Structure as reflected in Articles 14, 19, and 21.
Complete Directory of Landmark Constitutional Amendments (1st to 106th)
Below is the structured, comprehensive catalog of the most critical Constitutional Amendment Acts, organized chronologically with their key legal provisions and examination significance.
| Amendment Act | Year | Key Constitutional Articles Inserted / Modified | Core Provisions & UPSC Significance |
|---|---|---|---|
| 1st Amendment | 1951 | Inserted Articles 31A, 31B, 9th Schedule; modified Article 15 and 19 | Protected land reform laws from judicial review; added three new grounds of reasonable restrictions to Article 19(1)(a): Public Order, Friendly relations with foreign States, and Incitement to an offence; enabled special provisions for advancement of socially and educationally backward classes (Article 15(4)). |
| 7th Amendment | 1956 | Substituted Article 1, Part VIII; inserted Articles 258A, 290A, 350A, 350B; repealed Part VII | Implemented recommendations of the States Reorganisation Commission (Fazal Ali Commission); abolished classification of States into Part A, B, C, and D; established 14 States and 6 Union Territories; provided for common High Courts for two or more States; created office of Special Officer for Linguistic Minorities (Article 350B). |
| 24th Amendment | 1971 | Amended Article 13 (inserted 13(4)) and Article 368 (inserted 368(1), (3)) | Affirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights; made it obligatory for the President to give assent to a Constitutional Amendment Bill presented after due passage. |
| 25th Amendment | 1971 | Amended Article 31; inserted Article 31C | Curtailed property compensation rights; inserted Article 31C granting immunity to laws giving effect to DPSP under Article 39(b) and 39(c) from challenge under Articles 14, 19, and 31. |
| 26th Amendment | 1971 | Inserted Article 363A; repealed Articles 291 and 362 | Abolished the Privy Purses and special privileges granted to the former rulers of Indian princely states at the time of accession. |
| 36th Amendment | 1975 | Amended First Schedule and Article 80; inserted Article 371F; repealed 10th Schedule (old) | Made Sikkim a full-fledged 22nd State of the Indian Union and omitted its associate state status. |
| 42nd Amendment | 1976 | Amended Preamble, Articles 31C, 39, 55, 74, 82, 102, 105, 170, 226; inserted Part IVA (51A), Part XIVA (323A, 323B), Articles 39A, 43A, 48A | Known as the "Mini-Constitution"; added three words to Preamble ("Socialist, Secular, Integrity"); enacted Fundamental Duties (Part IVA, Article 51A) on Swaran Singh Committee recommendation; transferred 5 subjects from State List to Concurrent List (Education, Forests, Weights and Measures, Protection of Wild Animals and Birds, Administration of Justice); made President bound by Cabinet advice (Article 74). |
| 44th Amendment | 1978 | Amended Articles 19, 22, 30, 31A, 31C, 74, 132, 134, 217, 226, 352, 356, 358, 359, 360; inserted Article 300A, 361A; repealed Articles 31, 257A | Enacted by the Janata Government to undo emergency excesses; omitted Right to Property from Part III and re-established it as a legal/constitutional right under Article 300A; replaced "Internal Disturbance" with "Armed Rebellion" for declaring National Emergency under Article 352; provided that Fundamental Rights under Articles 20 and 21 cannot be suspended even during a National Emergency (Article 359); empowered President to return Cabinet advice once for reconsideration (Article 74(1)). |
| 52nd Amendment | 1985 | Amended Articles 101, 102, 190, 191; inserted Tenth Schedule | Enacted the Anti-Defection Law; laid down disqualification grounds for legislators defecting to another party; vested disqualification decisions in the Chairman / Speaker of the respective House. |
| 61st Amendment | 1988 | Amended Article 326 | Lowered the voting age for Lok Sabha and State Legislative Assembly elections from 21 years to 18 years. |
| 69th Amendment | 1991 | Inserted Articles 239AA and 239AB | Conferred special status on Union Territory of Delhi, designating it as the National Capital Territory (NCT) of Delhi with a 70-member Legislative Assembly and 7-member Council of Ministers. |
| 73rd Amendment | 1992 | Inserted Part IX (Articles 243 to 243O) and Eleventh Schedule (29 functional subjects) | Granted constitutional status and protection to Panchayati Raj Institutions (PRIs); mandated a 3-tier panchayat system, State Election Commission, State Finance Commission, and 1/3rd reservation for women. |
| 74th Amendment | 1992 | Inserted Part IXA (Articles 243P to 243ZG) and Twelfth Schedule (18 functional subjects) | Granted constitutional status to Urban Local Bodies (Municipalities); provided for Nagar Panchayats, Municipal Councils, Municipal Corporations, Ward Committees, and District Planning Committees. |
| 86th Amendment | 2002 | Inserted Article 21A; substituted Article 45; amended Article 51A (inserted 51A(k)) | Made Right to Free and Compulsory Education a Fundamental Right for children aged 6 to 14 years under Article 21A; modified DPSP Article 45 for early childhood care; added the 11th Fundamental Duty under Article 51A(k) for parents/guardians. |
| 89th Amendment | 2003 | Amended Article 338; inserted Article 338A | Bifurcated the combined National Commission into two distinct constitutional bodies: National Commission for Scheduled Castes (NCSC) under Article 338 and National Commission for Scheduled Tribes (NCST) under Article 338A. |
| 91st Amendment | 2003 | Amended Articles 75, 164; amended Tenth Schedule | Capped the size of the Council of Ministers (including Prime Minister / Chief Minister) at 15% of the total strength of the Lok Sabha / State Legislative Assembly (with minimum 12 ministers for States under Article 164(1A)); disqualified defectors under the Tenth Schedule from holding remunerative political posts. |
| 92nd Amendment | 2003 | Amended Eighth Schedule | Added 4 new languages to the Eighth Schedule: Bodo, Dogri, Maithili, and Santhali, raising the total count of recognized languages from 18 to 22. |
| 93rd Amendment | 2005 | Amended Article 15 (inserted Article 15(5)) | Enabled the State to make special provisions for reservation of socially and educationally backward classes (OBCs, SCs, STs) in admission to educational institutions, including private institutions (whether aided or unaided), other than minority institutions. |
| 97th Amendment | 2011 | Amended Article 19(1)(c); inserted Article 43B and Part IXB (Articles 243ZH to 243ZT) | Conferred constitutional status on Co-operative Societies; inserted right to form co-operatives as Fundamental Right under Article 19(1)(c); inserted Article 43B in DPSP (Note: Part IXB provisions relating to state-level cooperatives were struck down in Rajendra N. Shah (2021) for lack of state ratification). |
| 99th Amendment | 2014 | Inserted Articles 124A, 124B, 124C; amended Articles 127, 128, 217, 222, 224, 224A, 231 | Established the National Judicial Appointments Commission (NJAC) to replace the Supreme Court Collegium system. (Struck down as unconstitutional by the Supreme Court in 2015 in the Fourth Judges Case for violating Judicial Independence as part of the Basic Structure). |
| 100th Amendment | 2015 | Amended First Schedule | Operationalized the 1974 Land Boundary Agreement (LBA) between India and Bangladesh and its 2011 Protocol; transferred 111 enclaves to Bangladesh while India received 51 enclaves. |
| 101st Amendment | 2016 | Inserted Articles 246A, 269A, 279A; amended Articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368; repealed Article 268A | Introduced the comprehensive Goods and Services Tax (GST) regime; introduced Article 246A granting concurrent taxing powers to Parliament and State Legislatures; created the constitutional GST Council under Article 279A chaired by the Union Finance Minister. |
| 102nd Amendment | 2018 | Inserted Article 338B and Article 342A; amended Article 338 and 366 | Granted constitutional status to the National Commission for Backward Classes (NCBC) under Article 338B; empowered the President to notify the list of Socially and Educationally Backward Classes (SEBCs) under Article 342A. |
| 103rd Amendment | 2019 | Amended Articles 15 and 16 (inserted Articles 15(6) and 16(6)) | Provided up to 10% reservation for Economically Weaker Sections (EWS) of citizens (other than SCs, STs, and non-creamy layer OBCs) in admission to educational institutions and in public employment. Upheld as constitutionally valid by the Supreme Court in Janhit Abhiyan (2022). |
| 104th Amendment | 2019 | Amended Article 334 | Extended reservation of seats for SCs and STs in the Lok Sabha and State Legislative Assemblies for an additional 10 years (until 25 January 2030); discontinued the nomination of Anglo-Indian members to the Lok Sabha and State Assemblies. |
| 105th Amendment | 2021 | Amended Articles 342A, 338B, and 366 | Restored and clarified the power of State Governments and Union Territories to identify and maintain their own State lists of Socially and Educationally Backward Classes (SEBCs / OBCs), neutralizing the interpretation in the Maratha Reservation (Jaishri Patil) judgment. |
| 106th Amendment | 2023 | Inserted Articles 330A, 332A, and 334A | Known as the Nari Shakti Vandan Adhiniyam; provides 33% reservation (one-third) for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the NCT of Delhi (including sub-reservation for SC/ST women); to come into effect after the first census and delimitation conducted after the commencement of the Act, with a 15-year sunset clause. |
Comparative Focus: 42nd Amendment (1976) vs 44th Amendment (1978)
The interplay between the 42nd and 44th Amendments is one of the most tested structural dynamics in UPSC CSE GS Paper II.
| Dimension / Subject | 42nd Amendment Act, 1976 (Swaran Singh Committee) | 44th Amendment Act, 1978 (Janata Government Reforms) |
|---|---|---|
| Preamble | Added three new words: "Socialist", "Secular", and "Integrity" (only time Preamble has been amended). | Maintained the Preamble as amended by the 42nd Amendment. |
| Right to Property | Retained in Part III but subjected to expanded state acquisition powers. | Omitted Article 19(1)(f) and Article 31 from Fundamental Rights; converted into a legal right under Article 300A. |
| National Emergency Grounds | Permitted National Emergency on ground of "Internal Disturbance" across whole or part of India. | Replaced "Internal Disturbance" with "Armed Rebellion" under Article 352; mandated written advice of Cabinet. |
| Fundamental Rights during Emergency | Allowed suspension of all Fundamental Rights under Articles 358 and 359 during Emergency. | Provided that Articles 20 and 21 cannot be suspended even during a National Emergency under Article 359. |
| Presidential Assent to Cabinet Advice | Made advice of the Council of Ministers strictly binding on the President under Article 74. | Added proviso to Article 74(1) allowing President to return advice once for reconsideration; binding thereafter. |
| Fundamental Duties | Inserted Part IVA (Article 51A) containing 10 Fundamental Duties for Indian citizens. | Retained Part IVA unchanged (11th duty added later by 86th Amendment in 2002). |
| Constitutional Amending Power | Inserted Article 368(4) and (5) claiming unlimited parliamentary amending power (struck down in Minerva Mills). | Restored constitutional balance; recognized judicial review as part of the Basic Structure. |
Detailed Focus: Recent Landmark Amendments (99th to 106th)
The post-2014 constitutional amendments represent significant shifts in judicial governance, indirect taxation, federal relations, social justice, and political representation:
1. 99th Constitutional Amendment Act, 2014 (NJAC) & Judicial Independence
- Established the 6-member National Judicial Appointments Commission (NJAC) comprising the CJI, two senior-most SC judges, the Union Law Minister, and two eminent persons to replace the Collegium system.
- Supreme Court Verdict (2015): Struck down the 99th Amendment and the NJAC Act as unconstitutional in the Supreme Court Advocates-on-Record Association (Fourth Judges Case), ruling that executive involvement in judicial appointments compromises Judicial Independence, which is an inviolable element of the Basic Structure.
2. 101st Constitutional Amendment Act, 2016 (GST & Cooperative Federalism)
- Restructured India's fiscal federalism by subsuming multiple central and state indirect taxes (excise, service tax, VAT, entry tax) into a unified Goods and Services Tax (GST).
- Inserted Article 246A, providing concurrent legislative power to Parliament and State Legislatures to levy GST.
- Inserted Article 279A, creating the GST Council as a constitutional decision-making body with weighted voting (Centre: 1/3rd voting weight; all States combined: 2/3rd voting weight; 3/4th majority required for decisions).
3. 103rd Constitutional Amendment Act, 2019 (10% EWS Reservation)
- Inserted Articles 15(6) and 16(6), enabling the State to provide up to 10% reservation in admissions and appointments for Economically Weaker Sections (EWS) of citizens other than SCs, STs, and OBCs.
- Supreme Court Verdict in Janhit Abhiyan (2022): A 5-judge bench, by a 3:2 majority, upheld the 103rd Amendment, ruling that:
- Economic criteria alone can be a valid basis for affirmative action.
- The 50% reservation ceiling fixed in Indra Sawhney (1992) applies to reservations under Articles 15(4), 15(5), and 16(4), and does not prohibit additional affirmative action for economically deprived groups.
- Exclusion of SCs, STs, and OBCs from EWS does not violate the equality code because they already receive targeted reservation benefits.
4. 105th Constitutional Amendment Act, 2021 (State OBC Identification Powers)
- Neutralized the Supreme Court's May 2021 interpretation in the Maratha Reservation case (Jaishri Laxmanrao Patil v. Union of India), which had held that the 102nd Amendment took away the States' power to identify backward classes.
- Amended Article 342A to explicitly clarify that State Governments and Union Territories maintain the constitutional power to identify and specify their own State lists of SEBCs/OBCs for state-level admissions and appointments, distinct from the Central List prepared by the President.
5. 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam)
- Inserted Article 330A (Women's reservation in Lok Sabha), Article 332A (Women's reservation in State Legislative Assemblies), and amended Article 239AA (Delhi Assembly).
- Reserves one-third (33%) of all seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly, including one-third of the seats already reserved for SCs and STs within these bodies.
- Commencement & Delimitation Linkage (Article 334A): The reservation shall come into effect after an exercise of delimitation is undertaken for this purpose following the relevant figures for the first census taken after the commencement of the Act.
- Sunset Clause: The reservation is enacted for an initial period of 15 years, subject to extension by Parliament by law.
Summary Check-Table for Quick Revision
| Milestone | Amendment Number & Year | Core Impact / Key Takeaway for UPSC |
|---|---|---|
| Land Reforms & 9th Schedule | 1st Amendment (1951) | Inserted Articles 31A, 31B, and 9th Schedule; added "Public Order" to Article 19(2). |
| Linguistic State Reorganization | 7th Amendment (1956) | Abolished Part A/B/C/D States; created 14 States and 6 UTs; common High Courts. |
| Mandatory Presidential Assent | 24th Amendment (1971) | Affirmed power to amend Part III; President must assent to Amendment Bills. |
| Abolition of Privy Purses | 26th Amendment (1971) | Omitted Articles 291 and 362; terminated princely state pensions and titles. |
| Mini-Constitution | 42nd Amendment (1976) | Added "Socialist, Secular, Integrity" to Preamble; Part IVA (Fundamental Duties); Part XIVA. |
| Restoration of Safeguards | 44th Amendment (1978) | Property made legal right (300A); "Armed Rebellion" in 352; Articles 20 and 21 non-suspendable. |
| Anti-Defection Law | 52nd Amendment (1985) | Inserted Tenth Schedule; disqualification of defecting legislators. |
| Voting Age to 18 | 61st Amendment (1988) | Lowered voting age from 21 to 18 years in Article 326. |
| Delhi NCT Status | 69th Amendment (1991) | Created National Capital Territory of Delhi and Legislative Assembly (Article 239AA). |
| Panchayati Raj Institutions | 73rd Amendment (1992) | Inserted Part IX (Articles 243-243O) and Eleventh Schedule (29 subjects). |
| Municipalities (Urban Bodies) | 74th Amendment (1992) | Inserted Part IXA (Articles 243P-243ZG) and Twelfth Schedule (18 subjects). |
| Right to Education (RTE) | 86th Amendment (2002) | Inserted Article 21A (6 to 14 years); Article 45 modified; 11th Fundamental Duty (51A(k)). |
| NCSC and NCST Bifurcation | 89th Amendment (2003) | Bifurcated into Article 338 (NCSC) and Article 338A (NCST). |
| Cabinet Size Cap (15%) | 91st Amendment (2003) | Capped Council of Ministers at 15% of lower house strength; anti-defection tightening. |
| Four Languages in 8th Schedule | 92nd Amendment (2003) | Added Bodo, Dogri, Maithili, and Santhali (raising recognized languages to 22). |
| Co-operative Societies | 97th Amendment (2011) | Article 19(1)(c), Article 43B, Part IXB (Part IXB state provisions struck down in 2021). |
| NJAC (Struck Down) | 99th Amendment (2014) | Struck down in 2015 for violating Judicial Independence (Basic Structure). |
| Land Boundary Agreement | 100th Amendment (2015) | Transferred enclaves between India and Bangladesh under 1974 LBA. |
| Goods and Services Tax (GST) | 101st Amendment (2016) | Introduced GST (Articles 246A, 269A, 279A GST Council). |
| NCBC Constitutional Status | 102nd Amendment (2018) | Inserted Article 338B (NCBC) and Article 342A (SEBC list). |
| 10% EWS Reservation | 103rd Amendment (2019) | Inserted Articles 15(6) and 16(6) for economically weaker sections (upheld in 2022). |
| SC/ST Extension & Anglo-Indian | 104th Amendment (2019) | Extended SC/ST seats to 2030; discontinued Anglo-Indian nominated seats. |
| State OBC Lists Restored | 105th Amendment (2021) | Clarified States' power to identify and notify their own State SEBC/OBC lists. |
| Women's Reservation (33%) | 106th Amendment (2023) | Inserted Articles 330A, 332A, 334A; 33% seats for women in Lok Sabha and Assemblies. |
Frequently Asked Questions (FAQs) for UPSC CSE
What is the difference between an Amendment Bill and an Amendment Act?
A Constitutional Amendment Bill is a legislative proposal introduced in Parliament under Article 368. An Amendment Act is the final statute that comes into force after the Bill has been passed by the requisite special majority in both Houses of Parliament, ratified by at least 50% of State Legislatures (where applicable), and received the mandatory assent of the President of India. For instance, the 128th Constitutional Amendment Bill became the 106th Constitutional Amendment Act, 2023.
Can a Constitutional Amendment Bill be introduced in a State Legislative Assembly?
No. Under Article 368(2), a Constitutional Amendment Bill can be initiated only in either House of Parliament (Lok Sabha or Rajya Sabha). State Legislatures have no power to introduce or initiate constitutional amendment bills; their role is strictly confined to ratifying certain federal amendment bills when referred to them under the proviso to Article 368(2).
Is the President bound to sign a Constitutional Amendment Bill?
Yes. Under Article 368(2), as amended by the 24th Constitutional Amendment Act, 1971, when a Constitutional Amendment Bill is presented to the President after due passage, the President "shall give his assent to the Bill". The President has neither pocket veto, suspensive veto, nor absolute veto over a Constitutional Amendment Bill and cannot return it for reconsideration.
What is the significance of the 106th Constitutional Amendment Act, 2023?
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam) inserted Articles 330A, 332A, and 334A, providing 33% (one-third) reservation for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of NCT of Delhi. It includes horizontal sub-reservation for SC and ST women. Under Article 334A, this reservation will take effect after the first census conducted after the Act's commencement, followed by the delimitation exercise, and will remain in force for an initial period of 15 years.
Can Parliament amend the Fundamental Rights under Article 368?
Yes. In the landmark Kesavananda Bharati case (1973), the Supreme Court held that Parliament has the power to amend any provision of the Constitution, including Fundamental Rights in Part III, under Article 368. However, this power is subject to the Basic Structure Doctrine: Parliament cannot amend, abrogate, or destroy the core values, democratic framework, secularism, rule of law, or judicial independence that constitute the basic identity of the Constitution.
Official References and Primary Sources
- Legislative Department, Ministry of Law and Justice - The Constitution of India - Full statutory text of Articles 368, 13, 15, 16, 21A, 243, 246A, 279A, 330A-334A.
- India Code - Digital Repository of All Central Acts - Constitutional Amendment Acts 1st to 106th official gazette texts.
- Supreme Court of India Judgments (SCR) - Landmark decisions in Shankari Prasad (1951), Golaknath (1967), Kesavananda Bharati (1973), Minerva Mills (1980), I.R. Coelho (2007), and Janhit Abhiyan (2022).
- Press Information Bureau (PIB) - Ministry of Law and Justice - Official releases on the 106th Constitutional Amendment Act (Nari Shakti Vandan Adhiniyam) and 105th Amendment Act.