CONSTITUTIONAL AMENDMENTS

SHORT AND CONCISE REVISION NOTES ON IMPORTANT CONSTITUTIONAL AMENDMENTS

LEGALITE  
 IMPORTANT CONSTITUTIONAL AMENDMENTS
The Constitution of India is neither flexible nor rigid enough but it is a synthesis of both.
Constitution of India (under article 368 of Part XX) provided the powers to Parliament to
amend the Constitution and its procedures but cannot amend those provisions which form the
‘basic structure’ of the Constitution (As ruled by the Supreme Court in the Keshashavananda
Bharti Case, 1973). The Constitution can be amended in three ways:
1. Amendment by simple majority of the Parliament.
2. Amendment by special majority of the Parliament.
3. Amendment by special majority of the Parliament and the ratification of half of the state
legislature.

First Amendment Act, 1951

1. Empowered the state to make the advancement of socially and economically backward
classes.
2. Provided for the saving of laws providing for acquisition of estates etc.  
3. Added 9th Schedule to protect the land reform and other laws included in it from the
judicial review.
4. Added three more ground of restrictions on freedom of speech and expression, viz., public
order, friendly relations with foreign states and incitement to an offence. Also made the
restrictions ‘reasonable’ and thus, justifiable in nature.

10th CONSTITUTIONAL AMENDMENT ACT, 1961

Incorporated Dadra and Nagar Haveli as an Union Territory.

12th CONSTITUTIONAL AMENDMENT ACT, 1962

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

15th CONSTITUTIONAL AMENDMENT ACT, 1961

Enabled the High Courts to issue writs to any person or authority even outside its terrorist’s
jurisdiction if the cause of action arises within its territorial limits.
Increased the retirement age of high court judges from 60 to 62 years.
Provided for appointment of retired judges of the high court’s as acting judges of the same
court.

21st Amendment (1967)

Sindhi was included in the VIII Schedule as the 15th Indian language.

24th Amendment (1971)

It affirmed Parliament’s power to amend any part of the Constitution including Fundamental
Rights. This neutralised the decision on the famous Golaknath case.

26th Amendment (1971)

This Amendment deprived the Indian princes of their privy purses and privileges which were
guaranteed to them under the Constitution.

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The Constitution (31st Amendment) Act, 1973
Increased the elective strength of the Lok Sabha from 525 to 545. Under the Act, the upper
limit of representatives of the States goes up from 500 to 525 and that of the Union
Territories decreases from 25 to 20.

The 36th Constitution Amendment Act

By this Act, Sikkim became the 22nd State of the Indian Union.

42nd Amendment (1976)

This Amendment brought about drastic changes in the Indian Constitution. The Amendment
Bill was passed at a time when most of the Opposition leaders were behind bars. Because of
its wide, sweep and drastic nature, the 42nd Amendment Act came to be called a “mini-
constitution.” Its main provisions:

1. The 42nd Amendment Act narrowed down the scope of judicial review of laws. Under the
original Constitution, no distinction was made between Central laws and State laws as
regards judicial review, Parliament and State legislatures were equally subject to the
limitations imposed by the Constitution on their law-making power.

The Supreme Court was competent to invalidate a law of Parliament or of the State
legislature if it was not in tune with any provision of the Constitution. Similarly, a High Court
had the power to invalidate any law irrespective of the source of such law.

The 42nd Amendment, for the first time, made a distinction between Central laws and State
laws as regards the competence of the Supreme Court and of the High Courts to invalidate
them on the ground of unconstitutionality.

It provided that (a) the Supreme Court could not declare any State law unconstitutional unless
in such proceedings the constitutionality of the Central law was also involved; and (b) the
High Court could not strike down a Central law-as unconstitutional.

2. A law made to implement any of the Directive Principles of State Policy could not be
struck down by the Supreme Court or the High court on the ground that it violated any of the
Fundamental Rights.

3. A Central or State law could not be declared invalid unless not less than two-thirds of the
judges hearing the case held the same to be constitutionally invalid.

4. It provided that no amendment of the Constitution could be challenged in any Court.

5. Directive Principles of State Policy were given precedence over the Fundamental Rights.

6. It empowered the Centre to send its armed forces to meet any “grave situation of law and
order” in any State, irrespective of the wishes of the State Government.

7. It empowered Parliament, to the exclusion of State legislatures, to make laws to prevent or

prohibit the formation of anti-national associations and indulgence in anti-national activities.

8. It made it explicit that the President would be bound by the advice of the Council of
Ministers.

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9. The term of the Lok Sabha and of the State Legislatures was extended from five years to
six years.

10. The incorporation of a set of Fundamental Duties for citizens formed an important part of
the Amendment Act.

43rd Amendment (1977)

It restored to the High Courts and the Supreme Court their jurisdiction to consider the
constitutional validity of Central or State laws. (2) The special power conferred on Parliament
to make laws in respect of anti-national activities was repealed. (3) The 2/3 majority
requirement (Art. 144-A and Art. 228-A) for invalidating any Central or State law was
repealed.

The 44th Constitutional Amendment (1978)

A Proclamation of Emergency can be issued only when the security of India or any part of its
territory is threatened by war or armed rebellion. (2) Fundamental rights to life and liberty
cannot be suspended, even during the Emergency. (3) The right to property, a Fundamental
Right, was taken away and now it is only a legal right. (4) The President’s position, declared
by the 42nd Amendment that he was bound by the advice of the Council of Ministers
(Article74), was not changed, but the President was given the option of asking his Ministers
to reconsider their advice.

52nd Amendment (1985)

It put a ban on defections and gave for the first time legal recognition to political parties.

61st Amendment (1989)

It reduced voting age from 21 years to 18 years for the Lok Sabha and Assembly elections.

65th Amendment (1990)

To set up National Commission for Scheduled Castes & Tribes.

69th Amendment (1991)

Delhi declared National Capital Territory. Articles 239-AA and 239-AB were inserted in the
constitution to provide a National Capital Territory designation to Union Territory of Delhi.

The Constitution (71st Amendment) Act, 1992

1.The act amends the 8th Schedule to the Constitution to include Konkani, Manipuri and
Nepali Languages in the 8th Schedule of the Constitution.

73rd and 74th Amendments (1993)

Ensuring direct elections to all seats in Panchayats & Urban local bodies, reservation of seats
for SCs & STs in proportion to their population and reservation of not less than one third of
the seats for women (Became 73rd Amendment Act). 11th schedule was added. It also
inserted part 9 containing articles 243, 24A to 243O and also inserted part 9A containing
Articles 243P to 243ZG and 12th schedule which deals with municipalities.

The Constitution (86th Amendment) Act, 2002

1. Provides Right to Education until the age of fourteen and early childhood care until the age
of six.

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Article 21A was added along with insertion of a new fundamental duty to part4(Article 51A)
of the constitution.

The 91st Constitutional Amendment (2001)

The strength of the members of the Parliament and the Legislative Assemblies fixed for next
25 years i.e., up to 2026 at the existing level.

The Constitution (92nd Amendment) Act, 2004

Included Bodo, Dogri, Santali and Maithali as official languages.
After this amendment the total number of constitutionally recognized official languages
became 22.

The Constitution (93rd Amendment) Act, 2006

Provided for 27 percent reservation for other backward classes in government as well as
private higher educational institutions.

The Constitution (96th Amendment) Act, 2011

Substituted Odia for Oriya

The Constitution (99th Amendment) Act, 2014

The amendment provides for the formation of a National Judicial Appointments Commission.

The Constitution (100th Amendment) Act, 2015

Land Boundary Agreement (LBA) between India and Bangladesh.

101st Constitutional Amendment act, 2016

Introduced GST in India from 1st July 2017.

102nd Constitutional Amendment Act,2018

Constitutional Status provided to National Commission for Backward Classes.

103rd Constitutional Amendment Act,2019

10% Reservation approved for Economic Weaker Sections of the society by amending Art.15
and Art.16 of the constitution.

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