Topic overview
- Some provisions can be changed by a simple majority, some by a special majority of Parliament and some by Parliament plus ratification by at least half of the States.
- The Supreme Court has held that Parliament can amend the Constitution but cannot destroy its basic structure.
- The 42nd, 44th, 73rd and 86th Amendments are especially important for UP TGT and PGT examinations.
- The amendment process balances constitutional stability with the need to respond to social, political and institutional change.
Constitutional Amendments: Procedure, Cases and Key Changes
| No. | Provision / amendment | Period | Subject / case | What to remember |
|---|---|---|---|---|
| 1 | Article 368 | Constitutional amendment procedure | Parliament and, for specified matters, State legislatures | Parliament may amend the Constitution through the procedure in Article 368, subject to the basic-structure limitation. |
| 2 | Simple-majority amendments | Constitutional provisions specified by the text | Parliament by ordinary legislative process | Certain matters, such as formation or alteration of States and some Schedules, are outside the Article 368 special-majority route. |
| 3 | Special-majority amendments | Most constitutional provisions | Both Houses of Parliament | Requires majority of total membership of each House and at least two-thirds of members present and voting; no joint sitting is available. |
| 4 | Special majority plus State ratification | Federal provisions | Parliament and at least half of State legislatures | Required for matters affecting the election of the President, Union-State relations, Supreme Court and High Courts, distribution of powers, Seventh Schedule and representation of States in Parliament. |
| 5 | Shankari Prasad and Sajjan Singh | 1951 and 1965 | Supreme Court | Early decisions accepted Parliament's power to amend Fundamental Rights through a constitutional amendment. |
| 6 | Golaknath case | 1967 | Supreme Court | The Court held that Parliament could not amend Fundamental Rights; later amendments responded to this interpretation. |
| 7 | Kesavananda Bharati case | 1973 | Supreme Court | Parliament can amend every part of the Constitution, but the basic structure cannot be destroyed. |
| 8 | Minerva Mills case | 1980 | Supreme Court | Limited amending power and harmony between Fundamental Rights and Directive Principles were treated as elements of the basic structure. |
| 9 | 42nd Amendment | 1976 | Parliament | Added Socialist, Secular and Integrity to the Preamble, Fundamental Duties, Articles 39A, 43A and 48A and made wide institutional changes. |
| 10 | 44th Amendment | 1978 | Parliament | Removed the Right to Property from Fundamental Rights, changed Emergency safeguards and restored important civil-liberty protections. |
| 11 | 73rd and 74th Amendments | 1992-1993 | Parliament and State legislatures | Constitutionalised Panchayats and Municipalities through Parts IX and IXA and the Eleventh and Twelfth Schedules. |
| 12 | 86th Amendment | 2002 | Parliament | Inserted Article 21A on education for children aged six to fourteen, changed Article 45 and added an education-related Fundamental Duty under Article 51A. |
| 13 | Other landmark amendments | 1951-2019 | Parliament | Examples include the 1st, 24th, 52nd, 61st, 101st and 103rd Amendments, each changing a significant constitutional or governance field. |
Concept 1
Article 368 and Three Amendment Routes
The Constitution uses different amendment thresholds so that ordinary adjustments do not require the same process as changes to the federal compact.
Step-by-step explanation
- Article 368 gives Parliament the constituent power to amend the Constitution through addition, variation or repeal of provisions.
- A Constitution Amendment Bill may be introduced in either House of Parliament; it does not require prior permission of the President.
- The Bill must be passed separately by each House; there is no provision for a joint sitting to resolve a deadlock.
- The Constitution is commonly studied through three routes: simple majority, special majority and special majority plus ratification by at least half of the States.
- Simple-majority changes apply to provisions expressly kept outside Article 368, such as certain matters concerning States and Schedules.
- The special majority requires a majority of the total membership of each House and two-thirds of members present and voting.
- Federal provisions require ratification by at least half of the State legislatures after Parliament passes the Bill and before assent.
- The President must give assent to a Constitution Amendment Bill duly passed under Article 368.
Key points
- Article 368 - amendment power and procedure
- Bill may begin in either House
- No joint sitting
- Special majority - total membership plus two-thirds present and voting
- Federal changes - ratification by at least half of States.
Worked examples
- Classifying an amendment route
- Explaining why a joint sitting cannot pass a Constitution Amendment Bill
Additional examples
- Classifying an amendment route
- Explaining why a joint sitting cannot pass a Constitution Amendment Bill
Important distinctions
- A simple-majority change follows the ordinary legislative threshold; Article 368 special majority is stricter.
- State ratification is required only for listed federal features, not for every constitutional amendment.
Common misconceptions
- Every constitutional amendment requires ratification by all States.
- A Constitution Amendment Bill can be passed through a joint sitting.
Exam focus
- Memorise the two parts of the special majority.
- List the federal subjects requiring State ratification.
- Remember that the Bill is passed separately in both Houses.
Concept 2
Amendment Process and Federal Ratification
The amendment process protects the federal balance by requiring State participation when the distribution of constitutional powers is affected.
Step-by-step explanation
- A Constitution Amendment Bill can be introduced by a minister or a private member in either House of Parliament.
- It requires the prescribed majority in both Houses, voting separately; the Lok Sabha and Rajya Sabha cannot be bypassed by a joint sitting.
- For federal provisions, at least half of the State legislatures must ratify the Bill by a simple majority of members present and voting.
- The Constitution does not prescribe a time limit within which State legislatures must ratify a federal amendment.
- State ratification is required for changes relating to the election of the President, the Union and State executive relationship and the Union-State legislative powers.
- It is also required for the Supreme Court and High Courts, the distribution of legislative powers, the Seventh Schedule and representation of States in Parliament.
- After the required approvals, the President gives assent and the amendment becomes part of the Constitution from the date or manner specified.
- The process reflects constitutional flexibility with a higher threshold for changes affecting the federal structure.
Key points
- Either House may introduce the Bill
- Both Houses pass it separately
- No joint sitting
- At least half of States ratify specified federal changes
- President gives assent after constitutional requirements.
Worked examples
- Identifying when State ratification is needed
- Comparing federal and non-federal amendments
Additional examples
- Identifying when State ratification is needed
- Comparing federal and non-federal amendments
Important distinctions
- State ratification is an additional federal safeguard, not a replacement for Parliament's special majority.
- A State legislature does not initiate or veto every amendment; its role is constitutionally limited to specified federal matters.
Common misconceptions
- All States must ratify a federal amendment.
- The Rajya Sabha alone can approve an amendment affecting States.
Exam focus
- Recall the seven broad federal categories.
- State the separate-voting requirement.
- Do not confuse ratification by States with approval by both Houses of Parliament.
Concept 3
Basic Structure Doctrine and Landmark Cases
The basic-structure doctrine preserves the Constitution's identity while allowing Parliament to amend its text.
Step-by-step explanation
- In Shankari Prasad (1951) and Sajjan Singh (1965), the Supreme Court accepted the power to amend Fundamental Rights through constitutional amendments.
- In Golaknath (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, leading to a major constitutional debate.
- The 24th Amendment responded by affirming Parliament's amending power and requiring the President to give assent to a Constitution Amendment Bill duly passed.
- In Kesavananda Bharati (1973), the Supreme Court held that Parliament can amend every part of the Constitution but cannot destroy its basic structure.
- Basic-structure examples include supremacy of the Constitution, republican and democratic government, secularism, federalism, rule of law, judicial review, separation of powers and free and fair elections.
- The list is not closed; the Court identifies basic features according to the constitutional context of a case.
- In Indira Gandhi v Raj Narain (1975), free and fair elections and rule of law were treated as basic features in the relevant context.
- Minerva Mills (1980) held that limited amending power and harmony between Fundamental Rights and DPSPs are part of the basic structure.
Key points
- Golaknath - 1967
- Kesavananda Bharati - 1973
- Parliament can amend but cannot destroy basic structure
- Judicial review and federalism are examples
- Minerva Mills - limited amending power and FR-DPSP balance.
Worked examples
- Arranging the amendment cases chronologically
- Testing a constitutional change against basic structure
Additional examples
- Arranging the amendment cases chronologically
- Testing a constitutional change against basic structure
Important distinctions
- Golaknath restricted amendment of Fundamental Rights; Kesavananda allowed amendment but imposed the basic-structure limit.
- The basic-structure doctrine limits constitutional amendment power; it does not make the Constitution unamendable.
Common misconceptions
- The Supreme Court can invalidate any amendment merely because it disagrees with its policy.
- Kesavananda Bharati prohibited every amendment to Fundamental Rights.
Exam focus
- Remember the 1967-1973-1980 case sequence.
- Give examples of basic features carefully.
- Use the phrase limited amending power.
Concept 4
42nd Constitutional Amendment Act, 1976
The 42nd Amendment is called the Mini-Constitution because of its wide-ranging changes to the constitutional text and institutions.
Step-by-step explanation
- The 42nd Amendment was enacted in 1976 during the Emergency period.
- It added the words Socialist, Secular and Integrity to the Preamble.
- It inserted Part IVA containing Fundamental Duties under Article 51A.
- It added Article 39A on equal justice and free legal aid, Article 43A on worker participation in management and Article 48A on environment, forests and wildlife.
- It attempted to strengthen Directive Principles in relation to certain Fundamental Rights, but parts of the changes were later limited by judicial decisions and subsequent amendments.
- It made changes concerning the tenure of legislatures and the relationship between Parliament, courts and constitutional review; several controversial changes were later reversed.
- The 42nd Amendment also shifted some subjects in the Seventh Schedule from the State List to the Concurrent List.
- In examination answers, the 42nd Amendment should be connected with the Preamble, Duties, legal aid, environment and worker participation.
Key points
- 1976 - 42nd Amendment
- Added Socialist, Secular and Integrity
- Added Fundamental Duties
- Added Articles 39A, 43A and 48A
- Known as the Mini-Constitution.
Worked examples
- Identifying a 42nd Amendment change
- Linking Article 48A with Article 51A(g)
Additional examples
- Identifying a 42nd Amendment change
- Linking Article 48A with Article 51A(g)
Important distinctions
- The 42nd Amendment expanded centralising and Directive Principle-oriented changes; the 44th Amendment later restored several safeguards.
- The Preamble additions came from the 42nd Amendment, while the original ideals of justice and liberty were already present.
Common misconceptions
- The 42nd Amendment added the words Justice, Liberty and Equality to the Preamble.
- Every provision of the 42nd Amendment remains unchanged and legally effective in its original form.
Exam focus
- Revise the Preamble, Duties and Articles 39A, 43A and 48A.
- Remember the year 1976 and the Mini-Constitution label.
- Connect later judicial review with the amendment's limits.
Concept 5
44th Constitutional Amendment Act, 1978
The 44th Amendment reversed or revised several Emergency-era changes and changed the constitutional status of property.
Step-by-step explanation
- The 44th Amendment followed the Emergency period and aimed to restore safeguards for liberty and constitutional government.
- It removed the Right to Property from the list of Fundamental Rights by deleting Articles 19(1)(f) and 31.
- It inserted Article 300A, making property a constitutional legal right: no person can be deprived of property except by authority of law.
- It replaced internal disturbance with armed rebellion as the ground for a National Emergency under Article 352.
- It required written advice of the Union Cabinet for proclamation of a National Emergency.
- It protected Articles 20 and 21 from suspension of enforcement even during an Emergency.
- It restored the normal term of the Lok Sabha and State Legislative Assemblies to five years after the temporary extension made during the Emergency period.
- The amendment is important for questions comparing Fundamental Rights, Emergency safeguards and property rights.
Key points
- 1978 - 44th Amendment
- Property moved to Article 300A
- Armed rebellion replaced internal disturbance
- Articles 20 and 21 protected during Emergency
- Five-year legislative term restored.
Worked examples
- Comparing Articles 31 and 300A
- Explaining the Emergency safeguard under Articles 20 and 21
Additional examples
- Comparing Articles 31 and 300A
- Explaining the Emergency safeguard under Articles 20 and 21
Important distinctions
- The 42nd Amendment expanded several central powers; the 44th Amendment restored safeguards and changed property status.
- Article 300A protects property constitutionally but does not make it a Fundamental Right enforceable under Article 32.
Common misconceptions
- The 44th Amendment abolished the Right to Property completely.
- Article 20 can be suspended during every National Emergency after 1978.
Exam focus
- Remember property, emergency and Articles 20-21 together.
- Distinguish Article 300A from a Fundamental Right.
- Compare the 42nd and 44th Amendments.
Concept 6
73rd, 74th, 86th and Other Key Amendments
Later amendments expanded democratic decentralisation, education, taxation and representation while responding to new constitutional needs.
Step-by-step explanation
- The 73rd Amendment constitutionalised Panchayati Raj institutions through Part IX and the Eleventh Schedule.
- The 74th Amendment constitutionalised Municipalities through Part IXA and the Twelfth Schedule.
- The 86th Amendment inserted Article 21A, changed Article 45 to early childhood care below six and added Article 51A(k).
- The 52nd Amendment introduced the anti-defection framework through the Tenth Schedule.
- The 61st Amendment reduced the voting age from 21 to 18 years.
- The 101st Amendment introduced the Goods and Services Tax framework through the GST Council and related provisions.
- The 103rd Amendment enabled constitutionally authorised reservation for Economically Weaker Sections in education and public employment, subject to judicial review.
- Amendments must be remembered with their year, constitutional location and principal institutional effect.
Key points
- 73rd - Panchayats and Eleventh Schedule
- 74th - Municipalities and Twelfth Schedule
- 86th - Article 21A and education duty
- 52nd - anti-defection
- 61st - voting age 18.
Worked examples
- Matching an amendment with a Schedule or Part
- Distinguishing the 73rd and 74th Amendments
Additional examples
- Matching an amendment with a Schedule or Part
- Distinguishing the 73rd and 74th Amendments
Important distinctions
- The 73rd Amendment concerns rural local government; the 74th concerns urban local government.
- The 86th Amendment combines a Fundamental Right, a DPSP change and a Fundamental Duty relating to education.
Common misconceptions
- The 73rd Amendment created Municipalities and the 74th created Panchayats.
- The 86th Amendment made all education free up to university level.
Exam focus
- Revise 52nd, 61st, 73rd, 74th and 86th together.
- Match 73rd with Eleventh Schedule and 74th with Twelfth Schedule.
- Remember the three-part education change under the 86th Amendment.