UPSC NCERT Notes – Indian Polity – Amendments of the Constitution

In the vibrant tapestry of Indian democracy, the Constitution stands as the bedrock upon which the nation’s governance is anchored. Within its provisions lies the mechanism for growth, adaptability, and progress. Among the many facets of constitutional evolution, amendments hold a paramount significance, reflecting the responsiveness of the system to the changing needs and aspirations of its people. In the realm of Indian polity, understanding these amendments is not merely an academic pursuit but a crucial step towards comprehending the dynamic nature of our governance framework. Through meticulous study and analysis, UPSC NCERT Notes unravel the intricacies of these amendments, offering a comprehensive insight into their historical context, implications, and significance in shaping the constitutional landscape of the world’s largest democracy.

A Constitutional Amendment involves a formal alteration to the written Constitution of a nation or state, reflecting the evolving nature of the document in response to the people’s aspirations. In India, the process combines elements of rigidity and flexibility, drawing inspiration from the amendment process in the South African Constitution.

Introduction:

• Article 368 in Part XX of the Constitution delineates the Parliament’s authority to amend the Constitution and outlines the procedure for doing so. The Indian Constitution’s amendment process strikes a balance, being less rigid than the U.S. and less flexible than the U.K. The Parliament, wielding its legislative power, can modify, add, or repeal any part or provision of the Constitution.
• As established in the Supreme Court’s ruling in the Kesavananda Bharati Case (1973), certain provisions constituting the basic structure of the Constitution are beyond the Parliament’s amendment reach.
• The Constitution allows for amendments through various means:
  • Simple majority
  • Special majority
  • Special majority and ratification by states

1. Amendments by Simple Majority:

• This method entails amending the Constitution with a majority vote from the Members of each House of Parliament present and voting, akin to the ordinary legislative process. 
• The provisions subject to such amendments include the admission or establishment of new states.
• Formation of new states and changes to the areas, boundaries, or names of existing states
• Establishment or abolition of Legislative Councils in states (Article 169)
• Second Schedule details such as emoluments, allowances, and privileges for the President, Governors, Speakers, Judges, etc.
• Quorum requirements in Parliament
• Salaries and Allowances of Members of Parliament
• Parliamentary rules of procedure
• Privileges of Parliament, its members, and committees
• Use of the English language in Parliament
• Supreme Court’s number of puisne judges
• Granting additional jurisdictions to the Supreme Court
• Use of official language
• Citizenship acquisition and termination
• Parliamentary and State Legislatures’ election process
• Delimitation of Constituencies
• Union Territories administration
• Fifth Schedule administration of Scheduled Areas and Scheduled Tribes
• Sixth Schedule administration of tribal areas

2. Amendments by Special Majority:

• Requires a majority of the total membership of each House and a two-thirds majority of Members present and voting.
• The main provisions include Fundamental Rights (Part III), Directive Principles of State Policy (Part IV), and all other provisions not covered elsewhere.

3. Amendments by Special Majority and Ratification by States:

• Pertains to provisions related to the federal structure.
• Requires a special majority in Parliament and consent from half of the State Legislatures.
• These provisions cover areas like the election of the President, executive powers of the Union and States, Supreme Court and High Courts, legislative powers distribution, Goods and Services Tax Council, any lists in the Seventh Schedule, representation of states in Parliament, and the power of Parliament to amend the Constitution (under Article 368).

Amendment Procedure:

• Initiated by introducing a Bill in either House of Parliament under Article 368.
• Can be introduced by the government or a private member without requiring the President’s permission.
• Private Member Bills require at least a month’s notice.
• Passed in each House by a special majority (two-thirds majority of members present and voting and at least 50% of the total membership).
• No provision for a joint sitting in case of a deadlock.
• If amending specific provisions, the Constitutional Amendment Bill must also be ratified by the legislatures of half of the states.
• After the Bill passes both Houses of Parliament, it is submitted to the President for approval. 
• Upon receiving the President’s assent, the Bill transforms into an Act, amending the Constitution as per the Act’s provisions. 
• According to the 24th Constitutional Amendment Act of 1971, the President is obligated to grant assent to Constitutional Amendment Bills, without the option to return or withhold it.

The doctrine of Basic Structure:

• The doctrine of basic structure is a judicial principle in India stating that certain fundamental features of the Constitution cannot be altered or eradicated through parliamentary amendments. 
• This principle originated from the Keshavananda Bharati Case in 1973, placing limitations on Parliament’s amending authority. Fundamental Rights, a cornerstone among these features, are safeguarded.
• The doctrine serves as the foundation for the Supreme Court’s limited power to review and annul Constitutional Amendments conflicting with or attempting to modify the Constitution’s basic structure. Importantly, this doctrine exclusively applies to Constitutional Amendments.

Landmark Decisions on Constitutionality:

• Initially, the Supreme Court asserted that no part of the Constitution was immune to amendment. Parliament, through Article 368, could amend any provision, including Fundamental Rights.
• However, when some High Courts invalidated state laws redistributing land owned by landlords, citing infringement of Fundamental Rights, Parliament responded with the 1st Amendment in 1951 and the 4th Amendment in 1955.
• In 1967, the Supreme Court, in the Golaknath v/s State of Punjab, declared Parliament lacked the authority to abrogate Fundamental Rights, leading to the 24th Amendment in 1971, explicitly granting Parliament the power to amend any part of the Constitution.
• In Keshavananda Bharati v/s State of Kerala (1973), the Supreme Court upheld the Parliament’s ability to amend any part, including Fundamental Rights, but reinforced the basic structure doctrine. 
• This structure, as indicated by the Court, includes the supremacy of the Constitution, a republican and democratic form of government, the secular nature of the Constitution, the maintenance of the separation of powers, and the federal character of the Constitution.
• Indira Gandhi v/s Raj Narain (1975) affirmed the doctrine of basic structure, and to counter its impact, the government enacted the Constitution (42nd Amendment) in 1976.
• This amendment added Clauses (4) and (5) to Article 368, seeking to exclude judicial review of pre and post-42nd Amendment Constitutional Amendments. However, in Minerva Mills v/s Union of India (1980), the Supreme Court struck down these clauses, deeming them destructive to the essential features of the Constitution’s basic structure.

Number	First Amendment made	Date of Commencement	Objectives
First	15, 19, 85, 87, 174, 176, 341, 342, 372, and 376; Inserted Articles 31A, 318, and Ninth Schedule	18th June, 1951	Overcome practical difficulties related to Fundamental Rights. Provision for special treatment of educationally and socially backward classes. Added Ninth Schedule to the Constitution.
Second	Article 81(1)(b)	1st May, 1953	Representation of states in the Parliament.
Third	Seventh Schedule	22nd February, 1955	Substituted entry 33 of List III (Concurrent List) of the Seventh Schedule. Correspondence to Article 369.
Fourth	Articles 31, 31A, 358, 305, and Ninth Schedule	27th April, 1955	Restrictions on property rights. Inclusion of related bills in Ninth Schedule.
Fifth	Article 3	24th December, 1955	Consultation mechanism with concerned states in matters relating to territorial amendments and state re-naming.
Sixth	269, 286, and Seventh Schedule	11th September, 1956	Amend Union and State lists with respect to raising taxes. Reorganization of states on linguistic lines. Abolition of Class A, B, C, and D States. Introduction of Union Territories.
Seventh	1, 3, 49, 80, 81, 82, 131, 153, 158, 168, 170, 171, 216, 217, 220, 222, 224, 230, 231, and 232; Insert Amendment 258A, 290A, 298, 350A, 350B, 371, 372A, and 378A; Part VIII and Schedules First, Second, Fourth, and Seventh	1st November, 1956
Eighth	Article 334	5th January, 1960
Ninth	First Schedule	28th December, 1960
Tenth	Article 240, First Schedule
Eleventh	Articles 66 and 71	11th August, 1961 (Articles 66 and 71), 19th December, 1961 (Article 71)
Twelfth	Article 240, First Schedule
Thirteenth	371A, and 170	1st December, 1963
Fourteenth	81, 240; Insert 239A; First and Fourth Schedule	28th December, 1962
Fifteenth	124, 128, 217, 222, 224, 224A, 226, 297, 311, 316; Entry of Article 78, List I; and Seventh Schedule	5th October, 1963
Sixteenth	19, 84, 173; Third Schedule
Seventeenth	Article 31A; Ninth Schedule	20th June, 1964	Clarify the State’s power of compulsory acquisition and requisitioning of private property. Include Zamindari abolition laws in the Ninth Schedule.
Eighteenth	Article 3	27th August,1966	Provisions were made for the formation of two states, that is Punjab and Haryana.
Nineteenth	Article 32A	11th December,1966	To Clarify the duties of the Election Commission.
Twentieth	Article 233A	22nd December,1966	Indemnify and validate judgments, decrees, orders, and sentences passed by judges and validate the appointment, posting, promotion, and transfer of the judge’s barriers to a few who were not eligible for appointment under Article 233.
Twenty-First	Eighth Schedule	10th April, 1967	Includes Sindhi in the list of Languages in the Eight Schedule.
Twenty-Second	Article 275, Insert 244A and 371B	25th September, 1969	Provision to form Autonomous States within the state of Assam.
Twenty Third	Articles 330,332,333 and 334	23rd January, 1970	Extend reservation for SC/STs and nomination of Anglo-Indian members in Parliament and State Assemblies for another 10 years that is up to 1980.
Twenty Fourth	Articles 13 and 368	5th November, 1971	Enable Parliament to dilute Fundamental Rights through amendments to the Constitution.
Twenty-Fifth	Articles 31 and 31C	20th April, 1972	Restrict Property Rights and compensation in case the state takes over private property.
Twenty-Sixth	Articles 366 and 363A Removes Articles 291 and 362	28th December,1971	Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
Twenty Seventeen	Amendment 239A, 240 Insert 239B and 371C	15th February, 1972	Reorganization of Mizoram and Arunachal Pradesh into a Union Territory with the legislature and Council of Ministers.
Twenty-Eighth	Insert Article 312A, Removes Article 314	29th August, 1972	Rationalise Civil Service rules to make it uniform across those appointed before Independence and Post-Independence.
Twenty-Ninth	Ninth Schedule	9th June, 1972	Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
Thirtieth	Article 133	27th February, 1973	Change the basis for appeals in the Supreme Court of India in case of civil suits from value criteria to one involving substantial questions of law.
Thirty-First	Articles 81, 330, and 332	17th October, 1973	Increase the size of Parliament from 525 to 545 seats. Increased seats going to new states formed in North-East India and minor adjustment consequent to the 1971 Delimitation exercise.
Thirty-Second	Inserted 371, 371D and 371E; Amendment Seventh Schedule	1st July, 1974	Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh.
Thirty-Third	Articles 101 and 190	19th May, 1974	Prescribes procedure for resignation by Members of Parliament and State Legislatures and the procedure for verification and acceptance of resignation bu House Speaker.
Thirty-Fourth	Ninth Schedule	7th September, 1974	Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
Thirty-Fifth	80, 81; Insert 2A and Tenth Schedule	1st March, 1975	Terms and Conditions for the incorporation of Sikkim into the Union of India.
Thirty-Sixth	80, 81, 371F Amendment; Removes Article 2A; First Removed, Fourth of Tenth Schedule	26th April, 1975	Formation of Sikkim as a State within the Indian Union.
Thirty-Seventh	239A and 240	3rd May, 1975	Formation of Arunachal Pradesh Legislative Assembly.
Thirty-Eighth	Articles 123, 213, 239B, 352, 356, 359, and 360	1st August, 1975	Enhance the powers of the President and Governors to promulgate ordinances.
Thirty-Ninth	Articles 71, 329; Insert 329A; Ninth Schedule	10th August, 1975	Questions regarding election of President, Vice-President,Prime Minister and Speaker of Lok Sabha taken out of the purview of the Judiciary.
Fortieth	Article 297; Ninth Schedule	27th May, 1976	Enable Parliament to make laws concerning the Exclusive Economic Zone and vest the mineral wealth with the Union of India. Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
Forty-first	Article 316	7th September, 1976	Raise the Retirement Age and limit of Chairman and Members of Union and State Public Commissions from 60 to 62.
Forty-Second	31, 310, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 194, 208, 217, 225, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368, 371F, 310, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A, and 257A; Insert Parts 4A and 14A; Amendment Preamble and Seventh Schedule	1st April, 1977	The amendment was passed during an internal emergency by Indira Gandhi. Provides for the curtailment of Fundamental Rights, imposes Fundamental Duties, and changes the basic structure of the Constitution by making India a Socialist, Secular, Republic. Shifted 5 items from State List to Concurrent List – education, forests, protection of wild animals and birds, weights, measures, and administration justice.
Forty-Third	145, 226, 228, and 366 Removes Articles 31D, 32A, 131A, 144A, 226A and 228A	13th April, 1978	The amendment was passed after the revocation of the internal emergency in the country. Repeals some of the more Anti-Freedom amendments enacted through Amendment Bill 42.
Forty-Fourth	19, 22, 30, 314, 310, 38, 71, 74, 83, 103, 105, 123, 132, 133, 134, 139A, 172, 192, 194, 217, 225, 226, 227, 329, 352, 356, 358, 359, 360, and 371F, 361; Removes 31, 257A, and 329A; Part XII, Ninth Schedule	6th September, 1979	The amendment was passed after the revocation of the internal emergency in the country. Provides for human rights, safeguards, and mechanisms to prevent abuse of Executive and Legislative Authority. Annuls some amendments enacted in Amendment Bill 42.
Forty-Fifth	Article 334	25th January, 1980	Extend reservation for SCs/STs and nomination of Anglo-Indian members in the Parliament and State Assemblies for another 10 years i.e. up to 1990.
Forty-Sixth	269, 286, and 366; Seventh Schedule	2nd February, 1983	Amendment to negate judicial pronouncements on the scope and applicability of Sales Tax.
Forty-Seventh	Ninth Schedule	26th August, 1984	Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
Forty-Eighth	Article 356	26th August, 1984	Article 356 was amended to permit President’s rule for up to 2 years in the State of Punjab.
Forty-Ninth	Article 244 Schedules Fifth and Sixth	1st April, 1985	The Sixth Schedule applied to Tripura.
Fiftieth	Article 33	11th September, 1984	Technical Amendment to curtailment of Fundamental Rights as per Part III as prescribed in Article 33 to cover security personnel protecting property and communication infrastructure.
Fifty First	Articles 330 and 332	16th June, 1986	Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram, and Arunachal Pradesh Legislative Assemblies.
Fifty-Second	101, 102, 190, 191 and Tenth Schedule	1st March, 1985	Anti-Defection Law provides disqualification of members from Parliament and Assembly in case of defection from one party to another.
Fifty-Third	Article 371 (G)	14th August, 1986	Special provision concerning the State of Mizoram.
Fifty-Fourth	125, 221 and Second Schedule	1st April, 1986	Increase the salary of the Chief Justice of India and other Judges and provide for determining future increases without the need for Constitutional Amendment.
Fifty Fifth	Article 371 (H)	20th February, 1987	Special powers to the Governor consequent to the formation of the State of Arunachal Pradesh.
Fifty Sixth	Article (I)	30th May, 1987	Transition provision to enable the formation of the State of Goa.
Fifty Seventh	Article 332	21st September, 1987	Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram, and Arunachal Pradesh Legislative Assemblies.
Fifty Eighth	Article 394A and Part XXII	9th December, 1987	Provision to publish authentic Hindi translation of Constitution as on date and provision to publish authentic Hindi translation of future amendments.
Fifty Ninth	Article 356 and Article 359A	30th March, 1988	Article 356 was amended to permit the President’s rule up to 3 years in the State of Punjab, Article 352 and Article 359A were amended to permit imposing emergencies in the State of Punjab or in specific districts of the State of Punjab.
Sixtieth	Article 276	20th December, 1988	Profession Tax increased from a maximum of 250 to a maximum of 2500.
Sixty-First	Article 326	28th March, 1989	Reduce age for voting rights from 21 to 18.
Sixty Second	Article 334	20th December, 1989	Extend reservation for SCs/STs and nomination of Anglo-Indian members in Parliament and State Assemblies for another 10 years i.e. up to 2000.
Sixty-Third	Article 356 Removes Article 359A	6th January, 1990	Emergency powers applicable to the State of Punjab, accorded in Article 359A as per Amendment 59 repealed.
Sixty-Fourth	Article 356	16th April, 1990	Article 356 was amended to permit the President’s rule up to 3 years and 6 months in the State of Punjab.
Sixty-Fifth	Article 338	12th March, 1992	National Commission for Scheduled Castes and Scheduled Tribes was formed and its statutory powers were specified in the Constitution.
Sixty-Sixth	Ninth Schedule	7th June, 1990	Place land reform acts and amendments to these acts under the Ninth Schedule of the Constitution.
Sixty-Seventh	Article 356	4th October, 1990	Article 356 was amended to permit the President’s Rule up to 4 years in the State of Punjab.
Sixty Eighth	Article 356	12th March, 1991	Article 356 was amended to permit the President’s Rule up to 5 years in the State of Punjab.
Sixty Ninth	239AA and 239AB	1st February, 1992	To provide for a Legislative Assembly and Council of Ministers for the Federal National Capital of Delhi; Delhi continues to be a Union Territory.
Seventieth	54 and 239AA	21st December, 1991 retrospectively	Includes the National Capital of Delhi and Union Territory of Pondicherry in the electoral college for Presidential Election.
Seventy First	Eighth Schedule	31st August, 1992	Include Konkani, Manipuri, and Nepali in the official language of the Eighth Schedule.
Seventy Second	Article 332	5th December, 1992	Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
Seventy Third	Part IX	24th April, 1993	Statutory provisions for Panchayat Raj as the third level of administration in villages.
Seventy Fourth	Part IXA	1st June, 1993	Statutory provisions for Local Administrative bodies as the third level of administration in urban areas such as towns and cities.
Seventy Fifth	Article 323B	15th May, 1994	Provisions for setting up Rent Control Tribunals.
Seventy Sixth	Ninth Schedule	31st August, 1994	Enable the continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under Ninth Schedule of the Constitution.
Seventy Seventh	Article 16	17th June, 1995	A technical amendment to protect reservation to SCs/STS employees in promotions.
Seventy Eighth	Ninth Schedule	30th August, 1995	Place Land Reform Acts and amendments to these acts under the Ninth Schedule of the Constitution.
Seventy Ninth	Article 334	25th January, 2000	Extend reservation for SCs/STs and nomination of Anglo-Indian members in the Parliament and State Assemblies for another 10 years i.e. up to 2000.
Eightieth	269, 270 and Removes Article 272	1st April, 1996	Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and the Centre.
Eighty First	Article 16	9th June, 2000	Protect SCs/STs reservation in filling backlog of vacancies.
Eighty Second	Article 335	8th September, 2000	Permit relaxation of qualifying marks and other criteria in reservation in promotion for SCs/STs candidates.
Eighty Third	Article 243M	8th September, 2000	Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj Institutions.
Eighty Fourth	55, 81, 82, 170, 330 and 332	21st February, 2002	Extend the usage of 1971 National Census Population figures for state-wise distribution of Parliamentary seats.
Eighty Fifth	Article 16	17th June, 1995	A technical amendment to protect seniority in case of promotions of SCs/STs employees.
Eighty Sixth	45, 51A and Article 21A	12th December, 2002	Provides Right to Education until the age of fourteen and early childhood care until the age of six.
Eighty Seventh	81, 82, 170 and 330	22nd June, 2003	Extend the usage of 1971 National Census Population figures for state-wise distribution of Parliamentary seats.
Eighty Eighth	270, 268A and Seventh Schedule	8th May, 2003	To extend statutory cover for levy and utilization of Service Tax.
Eighty Ninth	Article 338 Article 338A	19th February, 2004	The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
Ninetieth	Article 332	28th September, 2003	Reservation in Assam Assembly relating to Bodoland Territory Area.
Ninety First	75, 164, Article 3618 and Tenth Schedule	1st January, 2004	Restrict the size of Council of Ministers to 15% of Legislative Members and to strengthen Anti-Defection Laws.
Ninety Second	Eighth Schedule	7th January, 2004	Enable Levy of Service Tax and include Bodo, Dogri, Maithali, and Santhali as National languages.
Ninety Third	Article 15	20th Januray, 2006	To enable provision of reservation for Other Backward Classes (OBC) in Government as well as private educational institutions.
Ninety Fourth	Article 164	12th June, 2006	To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States and deletion of Bihar’s name.
Ninety Fifth	Article 334	25th January, 2010	To extend the reservation of seats for SCs and STs in the Lok Sabha and state assemblies from 60 to 70 years.
Ninety Sixth	Eighth Schedule	23rd September, 2011	Substituted Odia for Oriya.
Ninety Seventh	Article 19 (1) (c) Article 43 B, Part IXB (Articles 243 ZH-ZT) 371J	12th January, 2012	To give right to form cooperative societies and give a framework for their working.
Ninety Eighth	371J	2nd January, 2013	To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka region.
Ninety Ninth	New Articles. 124A, 1248 and 124C Amended Articles. 124, 127, 128, 217, 222, 224A, 231.	31st December 2014	To regulate the procedure to be followed by the National Judicial Appointments commission for recommending persons for appointment as the Chief Justice of India and other judges of the Supreme Court and chief Justices and other Judges of High Courts and for matter connected therewith.
One Hundred	Amendment of First schedule to constitution	1st August 2015	To the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreements and its protocol between India and Bangladesh. Introduced the Goods and Services Tax (GST).
One Hundred One	Amendment of Articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368 Sixth and Seventh Schedule	1st July, 2017	Introduced the Goods and Services tax (GST)
One Hundred TWO	Amendment of Articles 338, 342, and 366	11th August, 2018	Constitutional status to the National Commission for Backward Classes.
One Hundred Three	Amendment of Articles 15 and 16	12th January, 2019	10% reservation to economically weaker section in educational institution and government job.
One Hundred Four	Amendment of Article 334	25th January, 2020	Removal of reservation of the Anglo-Indian community in Lok Sabha and State Assemblies and extension of reservation for SCs and STs in Lok Sabha and State Assemblies.
One Hundred Five	Amended Articles 3388, 342A, and 336	10th August, 2021	To restore the state’s power of states to make their own OBC lists.

Prelims Facts

• The Amendment procedure for the Indian Constitution is outlined in: Article 368 (UPPSC (Pre) 2010, Manipur PSC (Pre) 2016)
• In India, the authority to amend the Fundamental Rights of the citizens lies with Parliament (UPPSC (Pre) 2016)
• Amendments to the Constitution may be initiated by: Either House of Parliament (LAS (Pre) 1999, UP UDA/LDA (Pre) 2013)
• The parts of the Constitution that cannot be amended by a simple majority include the process of the election of President (CGPSC (Pre) 2012)
• A Constitution Amendment Bill must be passed by each House of the Indian Parliament separated by the special majority: Constitution Amendment Bill (UPPSC (Mains) 2004, UPPSC (Pre) 2003, 2007)
• The doctrine stating that Fundamental Rights cannot be amended under Article 368 was established by the Supreme Court in the Golaknath vs State of Punjab Case (UPPSC (Mains) 2002, Tripura PSC (Pre) 2011)
• The concept of ‘Basic structure of the Constitution’ was introduced by the Supreme Court in the case of Kesavananda Bharti vs State of Kerala-1973 (UPPSC (Pre) 2022)
• The Ninth Schedule was added to the Constitution of India by the: 1st Amendment (LAS (Pre) 2003)
• Constitutional Amendments related to raising the number of members of Lok Sabha to be elected from the states: 7th and 31st Amendments (UPPSC (Pre) 2003)
• Constitutional Amendments related to the inclusion of new territories into the Union: 10th, 12th, and 14th Constitutional Amendment (MPPSC (Pre) 2015)
• The amendment allowing the Governor to appoint one member of the Anglo-Indian community in the Legislative Assembly, if necessary: 23rd Constitutional Amendment (MPSC (Pre) 2016)
• The authoritative text of the Indian Constitution in Hindi was authorized to be published by which Constitutional Amendment: 58th Amendment 1987 (UP RO/ARO (Pre) 2016)
• The 61st Amendment Act, 1989 reduced the voting age from 21 to 18 years for the Lok Sabha and State Legislative Assembly elections.
• The Doctrine of Basic Structure was propounded in the Kasavananda Bharati case (MPPSC (Pre) 2023).
• The 22nd Constitutional Amendment Act 1969 provides for the reservation of seats for SCs and STs in Lok Sabha and State Assemblies.
• The 86th Constitutional Amendment Act introduced Article 21A, providing the Right to Education (UPPSC (Mains) 2006, UKPSC (Pre) 2012).
• The 89th Amendment bifurcated the combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies (JPSC (Pre) 2016).
• The 92nd Constitutional Amendment Act added four languages to the Eighth Schedule, raising their number to 22 (IAS (Pre) 2008).
• The First Constitutional Amendment Bill passed in 1951 was related to the protection of agrarian reforms (UPPSC (Pre) 2009).
• The 44th Constitutional Amendment Act removed the Right to Property from the list of Fundamental Rights (MPPSC (Pre) 2020).
• The 52nd Amendment Act introduced the anti-defection provision in the Constitution for the first time (MPPSC (Pre) 2015).
• The 97th Constitutional Amendment Act 2012 pertains to the organization and working of Cooperative Societies (RAS/RTS (Pre) 2012).
• The 103rd Amendment 2017 deals with the National Commission on Backward Classes (WBCS (Pre) 2019).

UPSC NCERT Practice Questions

1. The procedure for the Amendment of the Indian Constitution is given in UPPSC (Pre) 2010, Manipur PSC (Pre) 2016

(a) Article 358

(b) Article 320

(c) Article 368

(d) Article 370

2. Consider the following statements. IAS (Pre) 2022

1. A bill amending the Constitution requires a prior recommendation of the President of India.

2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent.

3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting.

Which of the statements given above are correct?

(a) 1 and 2

b) 2 and 3

(c) 1 and 3

(d) 1, 2 and 3

3. The concept of the basic Structure of the Consitution is propounded by the Supreme Court in the case of UPPSC (Pre)2022

(a) Yusuf v/s State of Bombay – 1954

(b) Golaknath v/s State of Punjab – 1967

(c) Chitralekha v/s State of Mysore – 1964

(d) Keshavanada Bharati v/s State of Kerala – 1973

4. Consider the following statements regarding Constitutional Amendments. RAS/RTS (Pre) 2013

1. In Article 368, two methods of Constitutional Amendment are mentioned.

2. Constitutional Amendment Bill can be initiated only in Lok Sabha.

3. In case of any dispute between two Houses of Parliament on Constitutional Amendment Bill, joint sitting of both Houses can be summoned.

4. The President cannot veto a Constitutional Amendment Bill.

Which of the statements given above are correct?

(a) 1 and 2

(b) 1 and 4

(c) 2 and 4

(d) 2,3 and 4

5. Which of the following are matters on which a Constitutional Amendment is possible only with the ratification of the Legislatures of not less than one-half of the states?

1. Election of the President

2. Representation of the States in the Parliament

3. Any of the lists in the Seventh Schedule

4. Abolition of the Legislative Council of a State

Select the correct answer by using the codes given below.

(a) 1, 2 and 3

b) 1, 2 and 4

(c) 1, 3 and 4

(d) 2, 3 and 4

6. Which is unmatched in the context of Constitutional Amendment Procedure?

1. Extension of executive powers of Centre and State

2. Supreme and High Court

3. Election of President

4. Qualification of President

5. Condition of the Office of the President

6. Tenure of President

7. Distribution of Legislative Power in Centre and State

8. States representation in Parliament

Codes

(a) 1, 2, 3

(b) 2, 3, 4

(c) 3, 4, 5

(d) 4, 5, 6

(e) 6, 7, 8

7. A change in the distribution of powers between the Centre and the States can be done by

(a) the Central Government

(b) the federating units by themselves

(c) amending the Constitution

(d) None of the above

8. The 1st Amendment to the Constitution carried out in 1951 related to

(a) security of the country

(b) security of the Prime Minister

(c) protection of agrarian reforms in certain states

(d) Scheduled Castes and Scheduled Tribes

9. The Ninth Schedule to the Constitution of India was added by which Amendment Act IAS (Pre) 2012

(a) 1st Amendment Act

(b) 2nd Amendment Act

(c) 4th Amendment Act

(d) None of these

10. Undér which one of the following Constitution Amendments Acts, four languages were added to the languages under the Eighth Schedule of the Constitution of India, thereby raising their number to 22? IAS (Pre) 2008

(a) Constitution (90th Amendment) Act

(b) Constitution (91st Amendment) Act

(c) Constitution (92nd Amendment) Act

(d) Constitution (93rd Amendment) Act

11. The 24th Amendment Act MPSC (Pre) 2016

1. affirmed the power of Parliament to amend any part of the Constitution including Fundamental Rights.

2. made it compulsory for the President to give his assent to a Constitutional Amendment Bill.

3. took away the word ‘Compensation’ and replaced it by word ‘Amount’ in Article 31.

Codes

(a) 1 and 2

(b) 1 and 3

(C) 2 and 3

(d) Only 3

12. By which Amendment of the Constitution of India, forests were transferred from the State List to the Concurrent List? CGPSC (Pre) 2020

(a) 41st

(b) 42nd

(c) 43rd

(d) 45th

13. Match List I with List II and select the correct answer by using the codes given below.

List I (Amendments to Constitution)	List II (Contents)
A. The Constitution (69th Amendment) Act, 1991	Establishment of State Level Rent Tribunals Act, 1991
B. The Constitution (75th Amendment) Act, 1994	No reservations of Scheduled Castes in Panchayats in Arunachal Pradesh
C. The Constitution (18th Amendment) Act, 2000	Constitution of Panchayats in villages or at other local levels
D. The Constitution (83rd Amendment) Act, 2000	Accepting the recommendations of the 10th Finance Commission
	According to the status of the National Capital Territory of Delhi

Codes

 (a) 5 1 4 2 

 (b) 1 5 4 3

 (c) 5 1 3 4

 (d) 1 5 4 2

14. Consider the following statements. RAS/RTS (Pre) 2013, IAS (Pre) 2019

1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Frime Minister beyond judicial review.

2. The Supreme Court of India struck down the

99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

(a) Only 1

(c) Both 1 and 2

(b) Only 2

(d) Neither 1 nor 2

15. Which Constitutional Amendment states that the total number of ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of Members of House of the People? IAS (Pre) 2009

(a) 90th

(b) 91st

(d) 93rd

(c) 92nd

16. Through which Constitutional Amendment in Article 359, it has laid down that Fundamental Rights under Articles 20 and 21 are enforceable during the operation of emergency?

(a) 44th Amendment Act

(b) 46th Amendment Act

(c) 45th Amendment Act

(d) 48th Amendment Act

17. The Constitution (93rd Amendment) Act deals with

(a) local self-government

(b) extension of reservation in an educational institution

(c) basic structure of the Constitution of India

(d) appointment of Judges in the Supreme Court of India

18. In India, which one of the following

Constitutional Amendments were widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights? IAS (Pre) 2023

(a) 1st Amendment

(b) 42nd Amendment 

(c 44th Amendment

d) 86th Amendment

19. If the procedure of the election of the President of India is sought to be amended, which of the following conditions are required?

1. An amendment of the Constitution passed by a simple majority in both Houses of the Parliament.

2. A joint sitting of the Parliament for amendment

3. An amendment of the Constitution passed by a two-thirds majority in both Houses of the Parliament.

5. Ratification of one-half of the State Legislatures.

Select the correct answer by using the codes given below.

(a) 1, 2 and 3

(b) 1 and 2

(c) 2, 3 and 4

(d) All of these

20. The 91st Constitutional Amendment Act, 2003 made a specific provision that, the total number of ministers, including the Prime Minister in no case can exceed the total number of Lok Sabha members. IAS (Pre) 2007, UPPSC (Pre) 2015,

(a) 10%

(b) 15% 

(c) 20%

(d) 25%

Know Right Answer

1. (c)

2. (b)

3. (d)

4. (b)

5. (a)

6. (d)

7. (c)

8. (a)

9. (a)

10. (c)

11. (a)

12. (b)

13. (a)

14. (b)

15. (b)

16. (a)

17. (d)

18. (a)

19. (b)

20. (b)

Frequently Asked Questions (FAQs)

Q1: What is the significance of the 42nd Amendment to the Indian Constitution?

A1: The 42nd Amendment, enacted in 1976, was a significant milestone in the history of the Indian Constitution. It introduced several changes, including the term “secular” in the Preamble, making India a secular state. It also granted more powers to the Prime Minister, curtailed the power of the judiciary, and amended the Fundamental Rights. However, some provisions of this amendment were controversial, and subsequent amendments have modified or reversed certain aspects.

Q2: How does the amending process of the Indian Constitution work?

A2: The amending process is outlined in Article 368 of the Indian Constitution. Amendments can be initiated by either House of Parliament, and they require a special majority, i.e., a majority of the total membership of each house and a majority of not less than two-thirds of the members present and voting. Some amendments also require ratification by at least half of the state legislatures. This elaborate procedure ensures that constitutional changes are carefully considered and not easily made.

Q3: Can the basic structure of the Indian Constitution be amended?

A3: While the Parliament has the power to amend the Constitution, the Supreme Court has asserted that this power is not absolute. In the famous Kesavananda Bharati case (1973), the court established the doctrine of the basic structure, stating that certain features of the Constitution are immune from amendments. These include federalism, secularism, democracy, and the separation of powers. Therefore, any amendment that alters the basic structure of the Constitution can be declared unconstitutional by the judiciary. This principle acts as a check on the amending power of the Parliament.

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