Major Constitutional Amendments at a Glance

Here we will discuss some of the major Constitutional Amendments of India, which UPSC often tests directly in Prelims and sometimes indirectly in Mains.

Think of these amendments as turning points in India’s constitutional journey — each arose due to a political, social, or judicial context. Let us understand them one by one:

1st Constitutional Amendment Act, 1951

• Context: Soon after independence, land reforms were being challenged in courts as violations of the Right to Property and Right to Trade. Judiciary was striking down many such laws.
• Key Features:
  1. Empowered the State to make special provisions for socially and economically backward classes. → Beginning of affirmative action framework.
  2. Introduced Articles 31A & 31B and Ninth Schedule → Protected land reform laws from judicial review.
  3. Added new restrictions on Article 19(1) freedoms:
     • Public order
     • Friendly relations with foreign states
     • Incitement to an offence
  4. Validated nationalisation of trade/business despite the right to freedom of trade.

👉 In short: The 1st CAA was about land reforms, affirmative action, and restrictions on freedoms.

7th Constitutional Amendment Act, 1956

• Context: Based on the States Reorganisation Act, 1956, which reorganised states largely on a linguistic basis.
• Key Features:
  1. Abolished the old classification of Part A, B, C, D states. Reorganised India into 14 States and 6 UTs.
  2. Allowed for a common High Court for two or more states.
  3. Extended High Court jurisdiction to Union Territories.
  4. Made it possible for one Governor to serve two or more states (Article 153 proviso).
• 👉 In short: The 7th CAA gave us the modern federal map of India.

9th Constitutional Amendment Act, 1960

• Context: Implementation of the Indo-Pak Agreement of 1958.
• Key Feature: Cession of Berubari Union (West Bengal) to Pakistan.
• 👉 In short: It dealt with territorial adjustment with Pakistan.

14th Constitutional Amendment Act, 1962

• Context: Integration of new territories.
• Key Features:
  1. Incorporated Puducherry into the Indian Union.
  2. Created legislatures and Council of Ministers for certain Union Territories (Himachal Pradesh, Manipur, Tripura, Goa, Daman & Diu, Puducherry).
• 👉 In short: Strengthened democratic governance in UTs.

16th Constitutional Amendment Act, 1963

• Context: After the 1962 war with China, national unity became paramount.
• Key Features:
  1. Gave the government wider power to restrict freedoms of speech, assembly, etc. for sovereignty, integrity, and unity of India.
  2. Modified oaths of office to include commitment to India’s sovereignty and integrity.
• 👉 In short: It was a national security safeguard amendment.

24th Constitutional Amendment Act, 1971

• Context: Supreme Court in Golaknath case (1967) had ruled that Parliament cannot amend Fundamental Rights. This limited Parliament’s amending power.
• Key Features:
  1. Explicitly affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights.
  2. Made it mandatory for the President to give assent to a Constitutional Amendment Bill.
• 👉 In short: Strengthened Parliament’s amending power.

25th Constitutional Amendment Act, 1971

• Context: To implement Directive Principles of State Policy (DPSPs) relating to socialism, especially Article 39(b) and (c).
• Key Features:
  1. Curtailed the Right to Property (once a Fundamental Right).
  2. Protected certain laws implementing Article 39(b) & (c) from being challenged on grounds of violating Articles 14, 19, or 31.
• 👉 In short: Favoured DPSPs over Fundamental Rights.

26th Constitutional Amendment Act, 1971

• Context: Time to end the remnants of princely states.
• Key Feature: Abolished Privy Purses and all privileges of former rulers.
• 👉 In short: Move towards a more egalitarian republic.

35th Constitutional Amendment Act, 1974

• Context: Sikkim’s transition into India.
• Key Features:
  1. Ended Sikkim’s protectorate status.
  2. Made Sikkim an Associate State of India.
  3. Added Tenth Schedule to outline this association.
• 👉 In short: Sikkim entered into India’s political framework.

36th Constitutional Amendment Act, 1975

• Context: Final step in Sikkim’s integration.
• Key Feature: Made Sikkim a full-fledged State of India.
• 👉 In short: Sikkim became the 22nd state of India.

39th Constitutional Amendment Act, 1975

• Context: Emergency (1975–77). Political turmoil after Indira Gandhi’s election was challenged in court.
• Key Feature: Declared that the elections of President, Vice-President, Prime Minister, and Speaker of Lok Sabha would be beyond judicial review.
• 👉 In short: A controversial amendment that weakened judicial scrutiny during Emergency.

42nd Constitutional Amendment Act, 1976

(also called the Mini-Constitution)

• Context: Emergency period (1975–77). Indira Gandhi’s government wanted to strengthen Parliament and limit the powers of judiciary.
• Key Features:
  1. Preamble: Added Socialist, Secular, and Integrity.
  2. Fundamental Duties: Introduced Part IV-A (10 duties originally).
  3. Directive Principles of State Policy (DPSPs):
     • Healthy development of children (Art. 39)
     • Free legal aid and equal justice (Art. 39A)
     • Workers’ participation in management (Art. 43A)
     • Protection of environment, forests, wildlife (Art. 48A)
  4. DPSPs vs FRs: DPSPs given precedence over Fundamental Rights.
  5. Elections: Delimitation of constituencies frozen until 2001.
  6. Parliament: Made President bound by Cabinet’s advice; expanded Parliament’s amendment powers.
  7. Judiciary: Restricted power of judicial review; constitutional amendments made immune from challenge.
  8. Federalism: Shifted 5 subjects to Concurrent List (Education, Forests, Weights & Measures, Protection of Wild Animals and Birds, Administration of Justice).
  9. Emergency: Allowed localised emergencies; extended President’s Rule duration from 6 months to 1 year.
• UPSC Note: Called Mini-Constitution because of its sweeping changes.

👉 In short: A pro-Centre, pro-Parliament, pro-DPSP amendment that curtailed rights and judicial powers.

43rd Constitutional Amendment Act, 1977

• Context: Post-Emergency Janata Government (Morarji Desai) wanted to undo excesses of 42nd CAA.
• Key Features:
  • Restored powers of High Courts as principal civil courts of original jurisdiction.
  • Reaffirmed that High Courts can declare any central law unconstitutional.

👉 In short: Restoration of judicial power after Emergency.

44th Constitutional Amendment Act, 1978

• Context: Further corrective step after Emergency.
• Key Features:
  1. Replaced “internal disturbance” with “armed rebellion” for declaring national emergency (Art. 352).
  2. Made it mandatory for written recommendation of Cabinet before President declares emergency.
  3. Deleted Right to Property from Fundamental Rights; made it a legal right under Article 300A.
  4. Guaranteed that Articles 20 and 21 cannot be suspended even during Emergency.

👉 In short: This amendment strengthened civil liberties and prevented misuse of Emergency provisions.

52nd Constitutional Amendment Act, 1985

• Context: Rampant defections (“Aaya Ram Gaya Ram” politics).
• Key Features:
  • Introduced Tenth Schedule (Anti-Defection Law).
  • Disqualified MPs/MLAs for defection.
• Linked Amendment: 91st CAA, 2003 tightened the law — abolished the “split” provision (1/3rd members could earlier split without penalty).

👉 In short: Anti-defection framework to ensure stability of governments.

61st Constitutional Amendment Act, 1989

• Key Feature: Reduced voting age from 21 to 18 years for Lok Sabha and Assembly elections.

👉 In short: Expanded democratic participation to youth.

69th Constitutional Amendment Act, 1991

• Context: Rising demand for special governance status for Delhi.
• Key Features:
  • Made Delhi a National Capital Territory (NCT).
  • Provided for a 70-member Assembly and a 7-member Council of Ministers.

👉 In short: Delhi got special status with a legislative assembly.

73rd Constitutional Amendment Act, 1992

• Key Features:
  • Granted constitutional status to Panchayati Raj Institutions (PRIs).
  • Added Part IX (“The Panchayats”).
  • Added Eleventh Schedule with 29 subjects.

👉 In short: Made grassroots democracy a constitutional reality.

74th Constitutional Amendment Act, 1992

• Key Features:
  • Granted constitutional status to Urban Local Bodies (ULBs).
  • Added Part IX-A (“The Municipalities”).
  • Added Twelfth Schedule with 18 subjects.

👉 In short: Strengthened urban self-government.

84th Constitutional Amendment Act, 2001

• Key Feature: Extended freeze on delimitation of constituencies till 2026, to promote family planning and population control.

👉 In short: No seat reallocation till 2026.

86th Constitutional Amendment Act, 2002

• Key Features:
  1. Made Elementary Education (6–14 years) a Fundamental Right (Article 21A).
  2. Changed Article 45 → to provide early childhood care and education up to 6 years.
  3. Added a new Fundamental Duty (Art. 51A(k)) → duty of parents/guardians to provide education to children.

👉 In short: Education became a Fundamental Right.

89th Constitutional Amendment Act, 2003

• Key Feature: Separated the National Commission for SCs and STs into two distinct bodies:
  • National Commission for Scheduled Castes (Art. 338)
  • National Commission for Scheduled Tribes (Art. 338A)

👉 In short: Strengthened social justice institutions.

91st Constitutional Amendment Act, 2003

Context:

Frequent defections and bloated ministries were undermining political stability and governance efficiency. There was a need to tighten the anti-defection law and limit the size of executive bodies.

Key Features:

• Capped the size of the Council of Ministers:
  • At the Centre: Cannot exceed 15% of the total strength of the Lok Sabha.
  • In States: Cannot exceed 15% of the total strength of the Legislative Assembly, but must have at least 12 ministers.
• Disqualified defectors from holding ministerial or remunerative political posts:
  • Any MP or MLA disqualified under the Tenth Schedule (anti-defection) is also disqualified from:
    • Being appointed as a minister.
    • Holding any remunerative political post (i.e., any salaried post under the government or its bodies, unless purely compensatory).
• Strengthened the anti-defection law:
  • Deleted the provision that allowed exemption from disqualification in case of a split by one-third of a legislature party.
  • Now, only a merger involving at least two-thirds of members is protected.

In short:
This amendment curbed political defections, limited jumbo cabinets, and reinforced clean governance norms.

94th Constitutional Amendment Act, 2006

Context: Article 164(1) of the Constitution mandated a Tribal Welfare Minister in certain states. With the reorganization of states, this provision needed rationalization.

Key Features:

• Removed the mandatory provision of having a Tribal Welfare Minister in Bihar.
• Extended the same exemption to Jharkhand and Chhattisgarh.
• Now, the obligation to appoint a Tribal Welfare Minister applies only to:
  • Madhya Pradesh
  • Odisha

97th Constitutional Amendment Act, 2011

• Context: To strengthen the cooperative movement.
• Key Features:
  1. Made the Right to form Cooperative Societies a Fundamental Right under Article 19(1)(c).
  2. Inserted a new DPSP for promoting cooperative societies.
  3. Added Part IX-B (“The Co-operative Societies”) to regulate their functioning.
• Judicial Note: Later, in Union of India vs Rajendra Shah (2021), SC struck down Part IX-B provisions relating to state-level cooperatives, citing federalism, but upheld its application to multi-state cooperatives.

👉 In short: Constitutional protection to cooperatives.

99th Constitutional Amendment Act, 2014

• Context: Debate on transparency in judicial appointments.
• Key Feature: Established National Judicial Appointments Commission (NJAC) to replace the Collegium system.
• Judicial Note: In 2015, SC (4:1 majority) struck it down as unconstitutional (NJAC case), upholding judicial independence.

👉 In short: Attempt to reform judicial appointments, but struck down.

100th Constitutional Amendment Act, 2015

• Key Feature: Implemented the Land Boundary Agreement (LBA) with Bangladesh.
• Adjusted territory and enclaves along the India-Bangladesh border.

👉 In short: Resolved a long-standing boundary issue.

101st Constitutional Amendment Act, 2017

• Key Feature: Introduced Goods and Services Tax (GST).
• Subsumed multiple indirect taxes into one national tax system.
• Effective from 1st July 2017.

👉 In short: A landmark economic reform.

102nd Constitutional Amendment Act, 2018

• Key Feature: Granted constitutional status to the National Commission for Backward Classes (NCBC).
• Inserted Article 338B.
• Also inserted Article 342A giving President power to notify SEBCs (subject to Parliament law).

👉 In short: Elevated NCBC to a constitutional body.

103rd Constitutional Amendment Act, 2019

• Key Feature: Introduced 10% reservation for Economically Weaker Sections (EWS) among General category (excluding OBC, SC, ST).
• Inserted Articles 15(6) and 16(6).
• Judicial Note: In 2022, SC upheld EWS quota by 3:2 majority.
• Applies in education and public employment, except minority-run institutions.

👉 In short: Historic move — introduced economic criteria in reservations.

104th Constitutional Amendment Act, 2020

• Key Features:
  1. Extended SC/ST reservation in Lok Sabha and State Assemblies till 2030.
  2. Ended Anglo-Indian reserved seats (previously under Art. 331).

👉 In short: Continued social justice, but ended Anglo-Indian representation.

105th Constitutional Amendment Act, 2021

• Context: After Maratha Reservation Case (2021), states’ power over OBC lists needed clarity.
• Key Feature: Restored power of state governments to maintain their own lists of SEBCs (OBCs).

👉 In short: Protected states’ autonomy in OBC identification.

106th Constitutional Amendment Act, 2023

• Key Feature: Reserved one-third of seats for women in:
  • Lok Sabha
  • State Legislative Assemblies
  • Delhi Assembly
• Includes seats reserved for SCs and STs.
• Implementation dependent on delimitation after Census.

👉 In short: Women’s Reservation Bill finally became law.