Amendment of the Constitution
~9 min read
- Article 368: Power and procedure for amending the Constitution. Borrowed from South Africa.
- Three procedures: Simple majority (some provisions), Special majority (most), Special majority + ratification by 1/2 states (federal provisions).
- Major amendments: 1st (1951 - 9th Schedule), 42nd (1976 - 'Mini-Constitution'), 44th (1978 - rolled back 42nd), 73rd-74th (1992 - local govt), 86th (2002 - RTE), 101st (2016 - GST), 103rd (2019 - 10% EWS reservation).
The Constitution is amendable — but with safeguards. Article 368 lays down three procedures depending on the nature of the change. NDA tests procedures and the most consequential amendments.
Three Amendment Procedures
| Type | Procedure | Examples |
|---|---|---|
| Simple majority | Like ordinary legislation. Used for non-constitutional changes by Parliament under Articles 4, 169, etc. | Reorganisation of states (Article 4), creation/abolition of Legislative Council (Article 169) |
| Special majority of Parliament | 2/3 of members present and voting AND majority of total membership of EACH house | Most amendments — Fundamental Rights, DPSPs, structure |
| Special majority + state ratification | As above + ratification by 1/2 of state legislatures | Federal provisions — Article 54 (Pres election), 73, 162, 7th Schedule, distribution of powers |
Limits on Amendment Power
- The basic structure of the Constitution cannot be amended (Kesavananda Bharati, 1973).
- Examples of basic features (judicially identified): democracy, secularism, federalism, judicial review, free elections, separation of powers, parliamentary system, rule of law.
- The 24th Amendment (1971) clarified Parliament's power to amend FRs, overruling Golak Nath.
- Constitutional amendments are within the purview of judicial review.
Most Consequential Amendments
| # | Year | Key change |
|---|---|---|
| 1st | 1951 | Added Article 31A, 31B and 9th Schedule (land reforms protection) |
| 7th | 1956 | Reorganisation of States — current state map basis |
| 24th | 1971 | Reaffirmed Parliament's power to amend FRs; President must sign amendment |
| 25th | 1971 | Article 31C — DPSPs 39(b),(c) over FRs |
| 26th | 1971 | Abolished privy purses of former princes |
| 42nd | 1976 | 'Mini-Constitution' — added Socialist, Secular, Integrity to Preamble; Fundamental Duties; extended LS tenure; weakened judiciary; centralised powers |
| 44th | 1978 | Reversed many 42nd Amendment provisions; right to property removed from FRs; Article 20-21 protected from emergency |
| 52nd | 1985 | Anti-defection law (10th Schedule) |
| 61st | 1989 | Voting age reduced from 21 to 18 |
| 73rd | 1992 | Panchayati Raj (Part IX, Articles 243-243O, 11th Schedule) |
| 74th | 1992 | Municipalities (Part IXA, Articles 243P-243ZG, 12th Schedule) |
| 86th | 2002 | Article 21A — Right to Education for children 6-14 |
| 91st | 2003 | Council of Ministers capped at 15% of LS strength; anti-defection tightened |
| 97th | 2011 | Cooperative societies — Article 19(1)(c) and 43B |
| 101st | 2016 | GST — Article 246A, 269A, 279A (GST Council) |
| 103rd | 2019 | 10% reservation for Economically Weaker Sections (EWS) |
| 104th | 2019 | Removed Anglo-Indian nominated seats (LS, State Assemblies); extended SC/ST reservations |
Indian vs Other Constitutions
| Country | Amendment style |
|---|---|
| India | Flexible (most via Parliament) and rigid (federal provisions need state ratification) |
| USA | Rigid — needs 2/3 of Congress + 3/4 of states |
| UK | Unwritten/flexible — Parliament can amend any law by simple majority |
| Switzerland | Referendum required |
India combines features — the framers wanted a constitution that could evolve with the times but couldn't be lightly altered.
NDA PYQ Examples
Q: Article 368 of the Indian Constitution deals with:
(a) Emergency provisions (b) Amendment procedures (c) President's Rule (d) Judicial review
Answer: (b) Amendment procedures.
Q: The 42nd Constitutional Amendment is also known as:
(a) Mini-Constitution (b) People's Constitution (c) Welfare Constitution (d) Living Constitution
Answer: (a) Mini-Constitution — passed 1976 during Emergency.
Q: Voting age was reduced from 21 to 18 by:
(a) 42nd Amendment (b) 44th Amendment (c) 61st Amendment (d) 73rd Amendment
Answer: (c) 61st Amendment, 1989.
Q: The 103rd Amendment (2019) provides:
(a) GST (b) 10% EWS reservation (c) Removal of Article 370 (d) RTE
Answer: (b) 10% EWS reservation.
Drill Amendment of the Constitution for NDA
NDA-pattern items on Amendment of the Constitution with answer keys and explanations.
Start Free Mock TestFrequently Asked Questions
How is the Indian Constitution different from US Constitution in amendment?
Indian Constitution is partly flexible and partly rigid. Most amendments need 2/3 of Parliament; federal provisions need additional state ratification. US Constitution is much more rigid — needs 2/3 of Congress + 3/4 of states for any change.
Can the basic structure be amended?
No. Kesavananda Bharati v. State of Kerala (1973) held that Parliament cannot alter the basic structure of the Constitution. Features like democracy, secularism, federalism, judicial review form this basic structure.
What was the 42nd Amendment's biggest impact?
Often called the 'Mini-Constitution' — it added Socialist, Secular, Integrity to the Preamble; added Fundamental Duties; extended LS tenure during emergency; subjugated judiciary to legislature; centralised power. Most provisions were later reversed by the 44th Amendment.
What is the 99th Amendment story?
99th Amendment (2014) created the National Judicial Appointments Commission (NJAC) to replace the collegium system. SC struck it down in 2015 (NJAC case) as violating judicial independence — basic structure. Collegium restored.
Has the Preamble been amended?
Yes, once. 42nd Amendment (1976) added 'Socialist', 'Secular' and 'Integrity' to the Preamble. Original Preamble said 'Sovereign Democratic Republic'; now reads 'Sovereign Socialist Secular Democratic Republic'.