Table of Content:
- Amendments —
- 1. 42nd & 44th Amendment
- 2. 10 Most Important Amendments
- 3.Amendments related to reservation-5 total
- 4.Amendments related to formation/Special provision of States–12 total
Important Amendments in Indian Constitution:
Discover the most significant amendments that have shaped the Indian Constitution over the years. In this video, we cover landmark amendments like the 1st, 42nd, 44th, 73rd, and 86th Amendments, explaining their key provisions, purpose, and impact on Indian democracy. Perfect for students, aspirants of competitive exams, and anyone interested in Indian polity. Stay informed and boost your knowledge of constitutional developments!
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42nd Amendement:
1. Fundamental Duties Introduced (Article 51A)
For the first time, Fundamental Duties were added to the Constitution.
A new Part IV-A was inserted, which includes 10 duties (initially) for Indian citizens, such as:
Respect the Constitution, National Flag, and National Anthem.
Promote harmony and the spirit of common brotherhood.
Protect the environment, natural resources, and public property.
These duties are non-justiciable, meaning they are not legally enforceable by courts but hold moral and civic importance.
2. Preamble Changes
The Preamble was amended to reflect the new ideological direction during the Emergency period.
Two new words were added:
“Socialist” – to emphasize social and economic equality.
“Secular” – to highlight the state’s neutral stance on religion.
Additionally, the phrase “Unity of the Nation” was changed to “Unity and Integrity of the Nation” to strengthen the idea of national unity.
3. Strengthening of Directive Principles of State Policy (DPSPs)
a) Supremacy over Fundamental Rights (Article 31C):
If a law is made to implement any DPSP, and it violates Fundamental Rights under Articles 14 or 19, it cannot be challenged in court.
Originally, this protection was available only to laws implementing Article 39(b) and (c), but the 42nd Amendment extended it to all DPSPs (later restricted again by the 44th Amendment).
b) New DPSPs Introduced:
Article 39A – Free legal aid and equal justice for all.
Article 43A – Workers’ participation in management of industries.
Article 48A – Protection and improvement of the environment and safeguarding of forests and wildlife.
4. Curtailment of Judicial Review
The amendment tried to limit the powers of the judiciary, especially the Supreme Court and High Courts, to review constitutional amendments.
It declared that Parliament’s power to amend the Constitution is unlimited, including amendments affecting Fundamental Rights.
This was seen as an attempt to override the judiciary and was later reversed to a large extent by the Supreme Court in Minerva Mills v. Union of India (1980).
5. Extension of Lok Sabha and State Assemblies’ Duration
The normal term of the Lok Sabha and State Legislative Assemblies was extended from 5 to 6 years.
Justified by the Emergency situation at the time.
This change was reversed by the 44th Amendment in 1978, restoring the term back to 5 years.
6. Transfer of Subjects from State List to Concurrent List
The 42nd Amendment shifted five key subjects from the State List to the Concurrent List, allowing both the Centre and the States to make laws on them:
Education
Forests
Weights and Measures
Protection of Wild Animals and Birds
Administration of Justice (including civil and criminal procedure)
Why was this done?
To ensure uniformity of laws across the country.
To enable the central government to play a stronger role in national issues like environment, education reforms, and justice.
States still have powers, but if there is a conflict, Central law prevails.
44th Amendment, 1978:
1. Restoring the Superiority of Fundamental Rights Over DPSPs
Under the 42nd Amendment, Article 31C was amended to give absolute primacy to all Directive Principles of State Policy (DPSPs) over Fundamental Rights (FRs), particularly Articles 14 (Right to Equality) and 19 (Right to Freedom).
The 44th Amendment reversed this change and restored the balance, allowing only laws implementing Articles 39(b) and (c) (i.e., equitable distribution of resources and prevention of wealth concentration) to override FRs — as was originally provided before the 42nd Amendment.
This was done to protect individual freedoms from being overridden under the guise of directive principles.
2. Right to Property Changed from Fundamental Right to Legal Right
Article 31, which provided the Right to Property as a Fundamental Right, was completely repealed.
A new article, Article 300A, was added to the Constitution under Part XII.
As per Article 300A: “No person shall be deprived of his property save by authority of law.”
This change made Right to Property a legal right, not a fundamental right, which means:
You can no longer approach the Supreme Court directly under Article 32 if this right is violated.
Instead, you must go to High Courts under Article 226.
This gave the State more flexibility for land reforms and public interest projects without being restricted by constitutional challenges.
3. Major Changes to Emergency Provisions (Article 352)
The 42nd Amendment had made it easier for the central government to declare a National Emergency, leading to widespread misuse in 1975. The 44th Amendment corrected this with several safeguards:
Key Changes:
a) “Internal Disturbance” Replaced with “Armed Rebellion”:
Earlier, Emergency could be declared on vague grounds like “internal disturbance.”
The 44th Amendment narrowed it to “armed rebellion”, a more specific and severe condition.
This was to prevent misuse of Emergency powers like in 1975.
b) Written Recommendation of Cabinet is Mandatory:
Earlier, the Prime Minister could advise the President unilaterally.
Now, Emergency can be declared only on a written recommendation by the Council of Ministers (Cabinet).
c) Duration and Approval of Emergency:
Emergency must be approved by both Houses of Parliament within one month (earlier it was two months).
It must be renewed every six months, requiring Parliamentary approval each time.
d) Protection of Fundamental Rights During Emergency:
Articles 20 and 21 (Protection in respect of conviction & Right to Life and Liberty) cannot be suspended even during Emergency.
4. Restoring Lok Sabha & State Assemblies’ Term: From 6 Years to 5 Years
The 42nd Amendment had increased the term of the Lok Sabha and State Legislative Assemblies from 5 years to 6 years.
This was done during the Emergency, largely seen as a move to prolong the tenure of the ruling party without fresh elections.
The 44th Amendment restored the original 5-year term, ensuring regular elections and democratic accountability.
10 MOST IMPORTANT AMENDMENTS IN INDIAN CONSTITUTION:
1. Fifty-Second Amendment Act, 1985 – Anti-Defection Law
Introduced the Tenth Schedule to the Constitution.
Purpose: To curb political defections by legislators.
Disqualification provisions:
If a Member of Parliament (MP) or Member of Legislative Assembly (MLA) voluntarily gives up membership of their party.
If they vote or abstain against party directions without permission.
Exceptions:
Merger of political parties with 2/3rd support.
The Speaker/Chairman of the House decides on disqualification (subject to judicial review post Kihoto Hollohan case).
2. Sixty-First Amendment Act, 1988 – Voting Age Lowered
Amended Article 326 of the Constitution.
Reduced the minimum voting age in elections to Lok Sabha and State Assemblies from 21 to 18 years.
Purpose: To encourage youth participation in the democratic process.
A major step toward empowering young citizens in political decision-making.
3. Seventy-Third Amendment Act, 1992 – Panchayati Raj System
Added Part IX to the Constitution (Articles 243–243O).
Added Eleventh Schedule (29 subjects under Panchayats).
Made Panchayati Raj Institutions (PRIs) constitutionally mandatory in rural areas.
Key features:
Three-tier system: Gram Panchayat, Panchayat Samiti, and Zila Parishad.
Elections every 5 years.
Reservation of seats for SCs, STs, and 1/3rd for women.
Establishment of State Finance Commissions and State Election Commissions
4. Seventy-Fourth Amendment Act, 1992 – Urban Local Bodies
Added Part IXA (Articles 243P–243ZG).
Added Twelfth Schedule (18 subjects under municipalities).
Constitutional recognition to Urban Local Bodies (municipalities).
Three types: Municipal Corporations, Municipal Councils, and Nagar Panchayats.
Mandatory elections every 5 years, with 1/3rd reservation for women.
Provided for Ward Committees, Finance Commission, and Election Commission at the urban level.
5. Eighty-Sixth Amendment Act, 2002 – Right to Education
Inserted Article 21A: “The State shall provide free and compulsory education to all children aged 6–14 years.”
Made education a Fundamental Right under Part III.
Amended Article 45 to focus on early childhood care and education (0–6 years).
Added a new Fundamental Duty (Article 51A(k)):
It is the duty of parents or guardians to provide education to their children (6–14 years).
6. Twenty-First Amendment Act, 1967 – Inclusion of Sindhi
Amended the Eighth Schedule to include Sindhi as an official language.
Brought the total number of scheduled languages to 15 at the time.
Reflects India’s recognition of linguistic diversity and was related to accommodating Sindhi-speaking communities, especially after the Partition.
7. One Hundred and Sixth Amendment Act, 2023 – Women’s Reservation
Inserted new Articles: 330A, 332A, and amended Article 239AA.
Reserves 1/3rd of seats for women in:
Lok Sabha (Parliament)
State Legislative Assemblies
Delhi Legislative Assembly
The implementation is subject to delimitation (based on the next census).
A historic step to increase women’s participation in politics and decision-making bodies.
8. One Hundred and First Amendment Act, 2017 – GST
Introduced the Goods and Services Tax (GST) – a unified indirect tax system.
Merged multiple indirect taxes like VAT, excise, service tax, etc.
Created a GST Council for decision-making between Centre and States.
Inserted Article 246A, which gives power to both Centre and States to make GST laws.
Marked a major economic reform for ease of doing business and fiscal uniformity.
9. Ninety-Ninth Amendment Act, 2015 – National Judicial Appointments Commission (NJAC)
Aimed to replace the collegium system of judicial appointments.
Inserted Article 124A to create the NJAC, consisting of:
Chief Justice of India
Two senior Supreme Court judges
Union Law Minister
Two eminent persons
Declared unconstitutional by the Supreme Court in 2015 (in Fourth Judges Case) for violating judicial independence.
10. Ninety-Second Amendment Act, 2004 – More Languages Added
Included 4 new languages in the Eighth Schedule:
Bodo
Dogri
Maithili
Santhali
Brought the total number of official scheduled languages to 22.
Strengthened India’s multilingual identity and promoted regional linguistic inclusion.
RESERVATION RELATED IMP. AMENDMENTS IN INDIAN CONSTITUTION
First Constitutional Amendment Act, 1951
Purpose:
To protect reservation policies and land reform laws from being struck down by courts on the grounds of violating Fundamental Rights.
Key Provisions:
Added Clause (4) to Article 15:
Allowed the State to make special provisions for the advancement of socially and educationally backward classes (OBCs), SCs, and STs.
This was a response to the State of Madras v. Champakam Dorairajan case, where the Supreme Court had struck down caste-based reservations in education as unconstitutional.
Amended Article 19:
Allowed the State to make reasonable restrictions on freedom of speech, expression, assembly, etc., in the interests of public order, security, and friendly relations with foreign states.
Impact:
Formed the constitutional basis for caste-based reservations in education and employment for the first time.
Strengthened the government’s hand in implementing social justice measures.
77th Constitutional Amendment Act, 1995
Purpose:
To restore reservation in promotions for SCs and STs, which had been invalidated by the Supreme Court in the Indra Sawhney (Mandal) case, 1992.
Key Provision:
Inserted Clause (4A) in Article 16:
Allowed the State to provide reservation in promotions in public employment for SCs and STs, if they are not adequately represented.
Impact:
Overturned the Mandal judgment in terms of promotions.
Recognized reservation in promotions as a special need for ensuring representation of backward communities in higher-level government jobs.
81st Constitutional Amendment Act, 2000
Purpose:
To address the backlog of vacancies reserved for SCs and STs that remained unfilled in government jobs.
Key Provision:
Inserted Clause (4B) in Article 16:
Allowed reserved vacancies to be carried forward and filled in future recruitment years.
These backlog vacancies would not be counted along with current-year reserved vacancies.
Impact:
Enabled the government to fill unfilled reserved seats over time, ensuring better implementation of reservation policy.
Addressed the issue of persistent under-representation in public services.
93rd Constitutional Amendment Act, 2005
Purpose:
To extend reservation in educational institutions, including private unaided institutions, for the advancement of backward classes.
Key Provision:
Inserted Clause (5) in Article 15:
Empowered the State to make special provisions for the socially and educationally backward classes, SCs, and STs, in matters of admission to educational institutions.
Applies to both government and private institutions, except minority institutions covered under Article 30(1).
Impact:
Provided the constitutional basis for laws like the Central Educational Institutions (Reservation in Admission) Act, 2006.
Enabled implementation of 27% OBC reservation in central educational institutions like IITs, IIMs, and central universities.
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