State PCS

Edit Template
Edit Template

About Amendments Of The Constitution

Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. The procedure......

Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure safeguards India’s Constitution and prevents unchecked power of the Indian Parliament.

  • It was borrowed from the South African constitution
  • Article 368 in Part XX of the constitution: Powers of Parliament to amend the constitution.
  • Keshavananda Bharati judgment: Parliament cannot amend those parts which are part of the ‘Basic Structure’ of the constitution.

Types of Amendments:

 Simple MajorityThis refers to the majority of more than 50% of the members present and voting.
 Special MajorityA bill is said to be passed, if it is supported by a majority of 2/3rd members present and voting supported by over 50% of the total strength of the House.
Special Majority of Parliament and Consent of StatesThis type of majority is required when federal structures need to be amended, Apart from special majority by both the houses of the parliament, it requires consent of half of the state legislature by a simple majority. There is no time limit within which states should give their consent to the bill
Special Majority
Absolute majority

If more than 50% of the total strength of the house pass it, a bill is considered to be passed.

Effective Majority

 This refers to a majority of more than 50% of the effective strength of the House.

Procedure for Amending the Constitution of India

The Indian Constitution’s amendment procedure is moderate, not as simple as in Britain or as complex as in the USA. In other words, one can describe the amending process of the Indian Constitution as partly flexible and partly rigid.

Article 368 of the Indian Constitution laid down the procedure for the amendment of the Constitution, which is as follows:

  • Amendment can be initiated only by the introduction of a bill for the purpose in either house of the Parliament
  • The bill can be introduced either by a minister or by a private member and does not require the permission of the President
  • The bill needs approval in each house via a special majority: majority of total membership and two-thirds of present members’ votes.
  • Each house must pass the bill separately. If there is any disagreement, there is no provision for joint sitting of the houses
  • To amend constitution provisions, the bill requires ratification by half of the states’ legislatures with a simple majority.
  • After both houses pass the bill, they present it to the President for his assent.
  • The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament
  • After the President’s assent, the bill becomes an act

Important Amendments of Indian Constitution

Below is the list of important amendments in Indian Constitution with their dates, articles-added and changes (if any) brought:

Important Amendment ActsNewly added, removed and Amended Articles/Scheduled/PartsDetails of the Amendments
7th Amendment Act 1956Article 1 Article 3 Article 49 Article 80 Article 81 Article 82 Article 131 Article 153 Article 158 Article 168 Article 170 Article 171 Article 216 Article 217 Article 220 Article 222 Article 224 Article 230 Article 231 Article 232 Part VIII First, Second, Fourth and Seventh Schedules of Indian Constitution  Reorganization of states on linguistic basis Abolition of Class A, B, C and D states Introduction of Union Territories  
9th Amendment Act, 1960Schedule 1 of Indian ConstitutionAdjustments to Indian Territory as a result of an agreement with Pakistan.
10th Amendment Act,  1961Article 240 First ScheduleDadra, Nagar, and Haveli incorporated in the Union of Indian as a Union Territory
12th Amendment Act 1961Article 240 First Schedule  Goa, Daman and Diu incorporated in the Indian Union as a Union Territory
13th Amendment Act, 1963Article 170 Added new article 371ANagaland was formed with special status under Article 371A
14th Amendment Act, 1962Articles 81 and 240 First and fourth Schedules Added Article 239A  Pondicherry incorporated into the Indian Union
21st Amendment Act, 1967Eighth ScheduleSindhi language was language into 8th Schedule of Indian Constitution
26th Amendment Act 1971Article 366 Added Article 363A Removed Articles 291 and 362Privy Purse was abolished.
36th Amendment Act 40th Amendment Act 1975Articles 80 and 81 First and fourth Schedules Added Article 371F Removed Article 2A  Sikkim incorporated as an Indian state
42nd Amendment Act 1976Article 31 Article 31C Article 39 Article 55 Article 74 Article 77 Article 81 Article 82 Article 83 Article 100 Article 102 Article 103 Article 105 Article 118 Article 145 Article 150 Article 166 Article 170 Article 172 Article 189 Article 191 Article 192 Article 194 Article 208 Article 217 Article 225 Article 226 Article 227 Article 228 Article 311 Article 312 Article 330 Article 352 Article 353 Article 356 Article 357 Article 358 Article 359 Article 366 Article 368 Article 371F Seventh Schedule   Added Articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A   Added Parts IVA and XIVA    Fundamental Duties prescribed, India became Socialist Secular Republic
44th Amendment Act 1978Article19 Article 22 Article 30 Article 31A Article 31C Article 38 Article 71 Article 74 Article 77 Article 83 Article 103 Article 105 Article 123 Article 132 Article 133 Article 134 Article 139A Article 150 Article 166 Article 172 Article 192 Article 194 Article 213 Article 217 Article 225 Article 226 Article 227 Article 239B Article 329 Article 352 Article 356 Article 358 Article 359 Article 360 Article 371F   Ninth Schedule   Added Articles 134A and 361A   Deletion of Articles 31, 257A and 329A    Right to Property removed from the list of fundamental rights
61st Amendment Act 1989Article 326Voting age decreased from 21 to 18.
71st Amendment Act 1992Article 332Manipuri, Konkani, and Nepali were added in the 8th Schedule of Indian Constitution
73rd Amendment Act 1992Added Part IXIntroduction of Panchayat Raj Addition of Part IX to the Indian Constitution
74th Amendment Act  1992Article 280 Article 280 Added Part IXA  Introduction of Municipalities and Nagarpalikas
86th Amendment Act 2002Amended Articles 45 and 51A Added Article 21AFree and compulsory education to children between 6 and 14 years
87th Amendment Act 2003Eighth ScheduleSanthali, Bodo, Dogri, and Maithili in the 8th Schedule of Indian Constitution Service Tax introduced.
95th Amendment Act 2010Article 334Extension of reservation of seats for SC/ST Nomination of Anglo-Indian members in Parliament and State Assemblies
96th Amendment Act 2011Eighth ScheduleReplaced Odia for Oriya in the 8th Schedule to the Indian Constitution
97th Amendment Act 2012 Articles 19 Added Part IXBIntroduction of Part IXB in the Constitution of India relating to Co-operative Societies
100th Amendment Act 2015Amendment of First ScheduleExchange of some enclave territories with Bangladesh Conferment of citizenship rights to citizens of enclave’s resulting to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
101st Amendment Act 2016Article 248 Article 249 Article 250 Article 268 Article 269 Article 270 Article 271 Article 286 Article 366 Article 368 Amended Sixth Schedule and Seventh Schedule Deletion of Article 268AIntroduction of Goods and Services Tax (GST)
102nd Amendment Act 2018Addition of articles 338B, 342A, and Added Clause 26C Omitted Article 340 Modification of articles 338, 366Constitutional Status to National Commission for Backward Classes
103rd Amendment Act 2019Amendment to Article 15, added Clause 6 Amendment to Article 16, added Clause 6A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.  
The Constitution (104th Amendment) Act,2020It extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies.

Criticism of the amending procedure

  • Only the Parliament can invoke an amendment.
  • The procedure is very rigid if a private member of the parliament wants to move a constitutional amendment bill
  • Granting the Parliament constituent power enhances the ruling party’s chances of amending if they hold majority in both houses. This could lead to the passage of bills in a hurried manner.
  • States’ consent is limited to only a few provisions.
  • The constitution does not prescribe a time frame for states to ratify or reject the amendment bill.

Read Also: Salient Features Of Indian Constitution

Demo Class/Enquiries

blog form

More Links
What's New
IAS NEXT is a topmost Coaching Institute offering guidance for Civil & Judicial services like UPSC, State PCS, PCS-J exams since more than 10 years.
Contact Us
Social Icon

Copyright ©  C S NEXT EDUCATION. All Rights Reserved