UPSC NCERT Notes – Indian Polity – Amendments of the Constitution

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.

Contents

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.
NumberFirst Amendment madeDate of CommencementObjectives
First15, 19, 85, 87, 174, 176, 341, 342, 372, and 376; Inserted Articles 31A, 318, and Ninth Schedule18th June, 1951Overcome practical difficulties related to Fundamental Rights. Provision for special treatment of educationally and socially backward classes. Added Ninth Schedule to the Constitution.
SecondArticle 81(1)(b)1st May, 1953Representation of states in the Parliament.
ThirdSeventh Schedule22nd February, 1955Substituted entry 33 of List III (Concurrent List) of the Seventh Schedule. Correspondence to Article 369.
FourthArticles 31, 31A, 358, 305, and Ninth Schedule27th April, 1955Restrictions on property rights. Inclusion of related bills in Ninth Schedule.
FifthArticle 324th December, 1955Consultation mechanism with concerned states in matters relating to territorial amendments and state re-naming.
Sixth269, 286, and Seventh Schedule11th September, 1956Amend 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.
Seventh1, 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 Seventh1st November, 1956
EighthArticle 3345th January, 1960
NinthFirst Schedule28th December, 1960
TenthArticle 240, First Schedule
EleventhArticles 66 and 7111th August, 1961 (Articles 66 and 71), 19th December, 1961 (Article 71)
TwelfthArticle 240, First Schedule
Thirteenth371A, and 1701st December, 1963
Fourteenth81, 240; Insert 239A; First and Fourth Schedule28th December, 1962
Fifteenth124, 128, 217, 222, 224, 224A, 226, 297, 311, 316; Entry of Article 78, List I; and Seventh Schedule5th October, 1963
Sixteenth19, 84, 173; Third Schedule
SeventeenthArticle 31A; Ninth Schedule20th June, 1964Clarify the State’s power of compulsory acquisition and requisitioning of private property. Include Zamindari abolition laws in the Ninth Schedule.
EighteenthArticle 327th August,1966Provisions were made for the formation of two states, that is Punjab and Haryana.
NineteenthArticle 32A11th December,1966To Clarify the duties of the Election Commission.
TwentiethArticle 233A22nd December,1966Indemnify 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-FirstEighth Schedule 10th April, 1967Includes Sindhi in the list of Languages in the Eight Schedule.
Twenty-Second Article 275, Insert 244A and 371B25th September, 1969Provision to form Autonomous States within the state of Assam.
Twenty ThirdArticles 330,332,333 and 33423rd January, 1970Extend 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 FourthArticles 13 and 3685th November, 1971Enable Parliament to dilute Fundamental Rights through amendments to the Constitution.
Twenty-FifthArticles 31 and 31C20th April, 1972Restrict Property Rights and compensation in case the state takes over private property.
Twenty-SixthArticles 366 and 363A
Removes Articles 291 and 362
28th December,1971Abolition of privy purse paid to former rulers of princely states which were incorporated into the Indian Republic.
Twenty SeventeenAmendment 239A, 240
Insert 239B and 371C
15th February, 1972Reorganization of Mizoram and Arunachal Pradesh into a Union Territory with the legislature and Council of Ministers.
Twenty-EighthInsert Article 312A, Removes Article 31429th August, 1972Rationalise Civil Service rules to make it uniform across those appointed before Independence and Post-Independence.
Twenty-NinthNinth Schedule9th June, 1972Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
ThirtiethArticle 13327th February, 1973Change 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-FirstArticles 81, 330, and 33217th October, 1973Increase 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-SecondInserted 371, 371D and 371E; Amendment Seventh Schedule1st July, 1974 Protection of regional rights in Telangana and Andhra regions of State of Andhra Pradesh.
Thirty-ThirdArticles 101 and 19019th May, 1974Prescribes procedure for resignation by Members of Parliament and State Legislatures and the procedure for verification and acceptance of resignation bu House Speaker.
Thirty-FourthNinth Schedule7th September, 1974Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
Thirty-Fifth80, 81; Insert 2A and Tenth Schedule1st March, 1975Terms and Conditions for the incorporation of Sikkim into the Union of India.
Thirty-Sixth80, 81, 371F Amendment; Removes Article 2A; First Removed, Fourth of Tenth Schedule26th April, 1975Formation of Sikkim as a State within the Indian Union.
Thirty-Seventh 239A and 2403rd May, 1975Formation of Arunachal Pradesh Legislative Assembly.
Thirty-EighthArticles 123, 213, 239B, 352, 356, 359, and 3601st August, 1975Enhance the powers of the President and Governors to promulgate ordinances.
Thirty-NinthArticles 71, 329; Insert 329A; Ninth Schedule10th August, 1975Questions regarding election of President, Vice-President,Prime Minister and Speaker of Lok Sabha taken out of the purview of the Judiciary.
FortiethArticle 297; Ninth Schedule27th May, 1976Enable 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-firstArticle 3167th September, 1976Raise the Retirement Age and limit of Chairman and Members of Union and State Public Commissions from 60 to 62.
Forty-Second31, 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 Schedule1st April, 1977The 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-Third145, 226, 228, and 366
Removes Articles 31D, 32A, 131A, 144A, 226A and 228A
13th April, 1978The 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-Fourth19, 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 Schedule6th September, 1979The 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-FifthArticle 33425th January, 1980Extend 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-Sixth269, 286, and 366; Seventh Schedule2nd February, 1983Amendment to negate judicial pronouncements on the scope and applicability of Sales Tax.
Forty-SeventhNinth Schedule26th August, 1984Place Land Reform Acts and amendments to these Acts under the Ninth Schedule of the Constitution.
Forty-EighthArticle 35626th August, 1984Article 356 was amended to permit President’s rule for up to 2 years in the State of Punjab.
Forty-NinthArticle 244
Schedules Fifth and Sixth
1st April, 1985The Sixth Schedule applied to Tripura.
FiftiethArticle 3311th September, 1984Technical 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 FirstArticles 330 and 33216th June, 1986Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram, and Arunachal Pradesh Legislative Assemblies.
Fifty-Second101, 102, 190, 191 and Tenth Schedule 1st March, 1985Anti-Defection Law provides disqualification of members from Parliament and Assembly in case of defection from one party to another.
Fifty-ThirdArticle 371 (G)14th August, 1986Special provision concerning the State of Mizoram.
Fifty-Fourth125, 221 and Second Schedule 1st April, 1986Increase the salary of the Chief Justice of India and other Judges and provide for determining future increases without the need for Constitutional Amendment.
Fifty FifthArticle 371 (H)20th February, 1987Special powers to the Governor consequent to the formation of the State of Arunachal Pradesh.
Fifty SixthArticle (I)30th May, 1987Transition provision to enable the formation of the State of Goa.
Fifty SeventhArticle 33221st September, 1987Provide reservation to Scheduled Tribes in Nagaland, Meghalaya, Mizoram, and Arunachal Pradesh Legislative Assemblies.
Fifty EighthArticle 394A and Part XXII9th December, 1987Provision to publish authentic Hindi translation of Constitution as on date and provision to publish authentic Hindi translation of future amendments.
Fifty NinthArticle 356 and Article 359A30th March, 1988Article 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.
SixtiethArticle 27620th December, 1988Profession Tax increased from a maximum of 250 to a maximum of 2500.
Sixty-FirstArticle 32628th March, 1989Reduce age for voting rights from 21 to 18.
Sixty SecondArticle 33420th December, 1989Extend 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-ThirdArticle 356
Removes Article 359A
6th January, 1990Emergency powers applicable to the State of Punjab, accorded in Article 359A as per Amendment 59 repealed.
Sixty-FourthArticle 35616th April, 1990Article 356 was amended to permit the President’s rule up to 3 years and 6 months in the State of Punjab.
Sixty-FifthArticle 33812th March, 1992National Commission for Scheduled Castes and Scheduled Tribes was formed and its statutory powers were specified in the Constitution.
Sixty-SixthNinth Schedule7th June, 1990Place land reform acts and amendments to these acts under the Ninth Schedule of the Constitution.
Sixty-SeventhArticle 3564th October, 1990Article 356 was amended to permit the President’s Rule up to 4 years in the State of Punjab.
Sixty EighthArticle 35612th March, 1991Article 356 was amended to permit the President’s Rule up to 5 years in the State of Punjab.
Sixty Ninth239AA and 239AB1st February, 1992To provide for a Legislative Assembly and Council of Ministers for the Federal National Capital of Delhi; Delhi continues to be a Union Territory.
Seventieth54 and 239AA21st December, 1991 retrospectivelyIncludes the National Capital of Delhi and Union Territory of Pondicherry in the electoral college for Presidential Election.
Seventy FirstEighth Schedule 31st August, 1992Include Konkani, Manipuri, and Nepali in the official language of the Eighth Schedule.
Seventy SecondArticle 3325th December, 1992Provide reservation to Scheduled Tribes in Tripura State Legislative Assembly.
Seventy ThirdPart IX24th April, 1993Statutory provisions for Panchayat Raj as the third level of administration in villages.
Seventy FourthPart IXA1st June, 1993Statutory provisions for Local Administrative bodies as the third level of administration in urban areas such as towns and cities.
Seventy FifthArticle 323B15th May, 1994Provisions for setting up Rent Control Tribunals.
Seventy SixthNinth Schedule31st August, 1994Enable the continuance of 69% reservation in Tamil Nadu by including the relevant Tamil Nadu Act under Ninth Schedule of the Constitution.
Seventy SeventhArticle 1617th June, 1995A technical amendment to protect reservation to SCs/STS employees in promotions.
Seventy EighthNinth Schedule30th August, 1995Place Land Reform Acts and amendments to these acts under the Ninth Schedule of the Constitution.
Seventy NinthArticle 33425th January, 2000Extend 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.
Eightieth269, 270 and Removes Article 2721st April, 1996Implement Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and the Centre.
Eighty FirstArticle 169th June, 2000Protect SCs/STs reservation in filling backlog of vacancies.
Eighty SecondArticle 3358th September, 2000Permit relaxation of qualifying marks and other criteria in reservation in promotion for SCs/STs candidates.
Eighty ThirdArticle 243M8th September, 2000Exempt Arunachal Pradesh from reservation for Scheduled Castes in Panchayati Raj Institutions.
Eighty Fourth55, 81, 82, 170, 330 and 33221st February, 2002Extend the usage of 1971 National Census Population figures for state-wise distribution of Parliamentary seats.
Eighty FifthArticle 1617th June, 1995A technical amendment to protect seniority in case of promotions of SCs/STs employees.
Eighty Sixth45, 51A and Article 21A12th December, 2002Provides Right to Education until the age of fourteen and early childhood care until the age of six.
Eighty Seventh81, 82, 170 and 33022nd June, 2003Extend the usage of 1971 National Census Population figures for state-wise distribution of Parliamentary seats.
Eighty Eighth270, 268A and Seventh Schedule8th May, 2003To extend statutory cover for levy and utilization of Service Tax.
Eighty NinthArticle 338 Article 338A19th February, 2004The National Commission for Scheduled Castes and Scheduled Tribes was bifurcated into the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.
NinetiethArticle 33228th September, 2003Reservation in Assam Assembly relating to Bodoland Territory Area.
Ninety First75, 164, Article 3618 and Tenth Schedule1st January, 2004Restrict the size of Council of Ministers to 15% of Legislative Members and to strengthen Anti-Defection Laws.
Ninety SecondEighth Schedule7th January, 2004Enable Levy of Service Tax and include Bodo, Dogri, Maithali, and Santhali as National languages.
Ninety ThirdArticle 1520th Januray, 2006To enable provision of reservation for Other Backward Classes (OBC) in Government as well as private educational institutions.
Ninety FourthArticle 16412th June, 2006To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States and deletion of Bihar’s name.
Ninety FifthArticle 33425th January, 2010To extend the reservation of seats for SCs and STs in the Lok Sabha and state assemblies from 60 to 70 years.
Ninety SixthEighth Schedule23rd September, 2011Substituted Odia for Oriya.
Ninety SeventhArticle 19 (1) (c) Article 43 B, Part IXB (Articles 243 ZH-ZT) 371J12th January, 2012To give right to form cooperative societies and give a framework for their working.
Ninety Eighth371J2nd January, 2013To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka region.
Ninety NinthNew Articles. 124A, 1248 and 124C Amended Articles. 124, 127, 128, 217, 222, 224A, 231.31st December 2014To 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 HundredAmendment of First schedule to constitution1st August 2015To 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 OneAmendment of Articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368 Sixth and Seventh Schedule1st July, 2017Introduced the Goods and Services tax (GST)
One Hundred TWOAmendment of Articles 338, 342, and 36611th August, 2018Constitutional status to the National Commission for Backward Classes.
One Hundred ThreeAmendment of Articles 15 and 1612th January, 201910% reservation to economically weaker section in educational institution and government job.
One Hundred FourAmendment of Article 33425th January, 2020Removal 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 FiveAmended Articles 3388, 342A, and 33610th August, 2021To restore the state’s power of states to make their own OBC lists.
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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, 1991Establishment of State Level Rent Tribunals Act, 1991
B. The Constitution (75th Amendment) Act, 1994No reservations of Scheduled Castes in Panchayats in Arunachal Pradesh
C. The Constitution (18th Amendment) Act, 2000Constitution of Panchayats in villages or at other local levels
D. The Constitution (83rd Amendment) Act, 2000Accepting 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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