Major Constitutional Amendments

Introduction 

The Constitution of India, 1950 (COI) is a living document that has been amended numerous times since its adoption to reflect changing socio-political realities and address emerging challenges. Constitutional amendments are modifications made to the Constitution through a formal process outlined in Article 368. These amendments have been instrumental in strengthening democratic institutions, ensuring social justice, decentralizing power, and adapting governance structures to contemporary needs. 

What are Major Constitutional Amendments? 

• Major constitutional amendments are significant modifications to the Constitution that have substantially altered its provisions, introduced new rights or duties, or restructured governance mechanisms.  
• These amendments have addressed critical issues ranging from land reforms and reorganization of states to fundamental rights and local governance. 

1st Amendment (1951) 

• The 1st Constitutional Amendment was enacted to address challenges faced in implementing land reform laws and to strengthen state authority in certain areas. 
• Empowered the state to create special provisions for the advancement of socially and economically backward classes. 
• Ensured the protection of laws related to the acquisition of estates and similar matters. 
• Introduced the Ninth Schedule to shield land reform laws and other included legislation from judicial review. 
• Added Articles 31A and 31B after Article 31 to protect laws relating to acquisition of estates. 
• Imposed three additional grounds for restricting freedom of speech and expression: public order, friendly relations with foreign states, and incitement to an offence, making these restrictions subject to judicial scrutiny as they must be 'reasonable'. 
• Clarified that state trading or nationalization of any trade or business by the state cannot be deemed invalid on the grounds of infringing the right to trade or business. 

7th Amendment (1956) 

• The 7th Amendment was a landmark reform that reorganized Indian states on linguistic lines and rationalized the administrative structure. 
• The 2nd and 7th Schedules were amended to implement significant changes in state reorganization. 
• The classification of states into four categories—Part A, B, C, and D was abolished, and states were reorganized into 14 states and 6 union territories based on linguistic principles. 
• The jurisdiction of high courts was extended to include union territories. 
• Provisions were made for the establishment of a common high court to serve two or more states. 
• Guidelines were introduced for the appointment of additional and acting judges in high courts. 

42nd Amendment (1976) 

• Often called the "Mini Constitution," the 42nd Amendment was one of the most comprehensive and controversial amendments, making sweeping changes during the Emergency period. 
• It comprised 59 clauses and introduced numerous changes across the Constitution. 
• Incorporated three new terms into the Preamble: socialist, secular, and integrity. 
• Introduced Fundamental Duties under a new Part IV-A (Article 51A). 
• Mandated that the President must act in accordance with the advice of the cabinet. 
• Declared constitutional amendments beyond the scope of judicial review. 
• Stipulated that laws enacted to implement Directive Principles of State Policy cannot be invalidated for infringing upon certain Fundamental Rights. 
• Added three additional Directive Principles of State Policy. 
• Extended the tenure of the Lok Sabha and State Legislative Assemblies from five years to six years. 
• Facilitated the establishment of an All India Judicial Service. 
• Enabled the creation of administrative tribunals and other specialized tribunals, introducing Part XIV-A to the Constitution. 

44th Amendment (1978) 

• The 44th Amendment was enacted to undo some of the controversial provisions of the 42nd Amendment and restore the balance between different organs of government. 
• Restored the original tenure of the Lok Sabha and State Legislative Assemblies to five years. 
• Reinstated provisions regarding the quorum in Parliament and state legislatures. 
• Removed references to the British House of Commons in sections related to parliamentary privileges. 
• Provided constitutional protection for publishing true reports of proceedings in Parliament and state legislatures in newspapers. 
• Empowered the President to return the cabinet's advice for reconsideration, although the reconsidered advice is binding on the President. 
• Removed the provision that made the satisfaction of the President, Governors, and Administrators final in the issuance of ordinances. 
• Restored some of the judicial powers of the Supreme Court and High Courts that were curtailed by the 42nd Amendment. 
• Replaced the term 'internal disturbance' with 'armed rebellion' in provisions concerning a national emergency. 
• Required the President to declare a national emergency only upon the written recommendation of the cabinet. 
• Introduced procedural safeguards for imposing a national emergency and President's Rule. 
• Deleted the Right to Property from the list of Fundamental Rights, making it a legal right instead (now under Article 300A). 
• Ensured that Articles 20 and 21 (protection against arbitrary arrest and right to life) cannot be suspended during a national emergency. 
• Removed provisions that denied courts the authority to adjudicate election disputes involving the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha. 

52nd Amendment (1985) 

• The 52nd Amendment was enacted to address the problem of political defections that had become rampant in Indian politics. 
• Provided for disqualification of members of Parliament and state legislatures on the ground of defection. 
• Added a new 10th Schedule containing detailed provisions regarding disqualification on grounds of defection. 
• Aimed at providing stability to governments by discouraging legislators from changing party affiliations. 

61st Amendment (1988) 

• The 61st Amendment expanded democratic participation by lowering the voting age. 
• Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections. 
• Enabled greater youth participation in the electoral process. 

73rd and 74th Amendments (1992) 

• These twin amendments constitutionalized local governance, representing a significant step in decentralization and grassroots democracy. 

73rd Amendment Act: 

• Panchayati Raj Institution was constitutionalized through this amendment. 
• Added a new Part-IX to the Constitution of India consisting of provisions from Articles 243 to 243 O. 
• Added a new 11th Schedule to the Constitution containing 29 functional items of the panchayats. 
• Provided for regular elections, reservation of seats for Scheduled Castes, Scheduled Tribes, and women. 
• Established a three-tier system of panchayats at village, intermediate, and district levels. 

74th Amendment Act: 

• Urban local governments were constitutionalized during the regime of P.V. Narasimha Rao's government in 1992. It came into force on 1st June 1993. 
• Added Part IX-A consisting of provisions from Articles 243-P to 243-ZG. 
• Added the 12th Schedule to the Constitution containing 18 functional items of Municipalities. 
• Provided for different types of municipalities based on population and administrative importance. 

86th Amendment (2002) 

• The 86th Amendment recognized education as a fundamental right, marking a significant advancement in social welfare. 
• Made elementary education a fundamental right under Article 21A, making free and compulsory education for children aged 6 to 14 years a justiciable right. 
• Changed the subject matter of Article 45 in Directive Principles, which originally dealt with early childhood care and education. 
• Added a new fundamental duty under Article 51-A requiring parents or guardians to provide opportunities for education to children between 6 and 14 years. 

101st Amendment (2016) 

• The 101st Amendment introduced one of the most significant economic reforms in independent India. 
• Allowed both the centre and states to levy the Goods and Services Tax (GST), creating a unified national market. 
• Before the 2016 amendment, taxation powers were divided between the centre and states, leading to cascading taxes. 
• Replaced multiple indirect taxes with a single tax regime. 
• Introduced Articles 246A, 269A, and 279A relating to GST. 
• Established the GST Council as a constitutional body. 

103rd Amendment (2019) 

• The 103rd Amendment introduced a new category of reservation based on economic criteria. 
• For the first time in independent India, it introduced reservations for the Economically Weaker Sections (EWS). 
• The amendment to Article 15 provides for reservation in educational institutions. 
• The amendment to Article 16 provides a 10% reservation for EWS in public employment. 
• This reservation is over and above the existing 50% reservation for Scheduled Castes, Scheduled Tribes, and Other Backward Classes. 

104th Amendment (2020) 

• The 104th Amendment addressed the issue of reserved seats for the Anglo-Indian community. 
• Discontinued the reserved seats for the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies, as the community had been adequately integrated into mainstream society. 
• Extended the reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies for an additional ten years. 

106th Amendment (2023) 

• The 106th Amendment represents a historic step towards gender equality in political representation. 
• Reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs. 
• The reservation will be effective after the publication of the census conducted following the Act's commencement. 
• The reservation endures for a 15-year period, with potential extension determined by parliamentary action. 
• Aims to ensure greater participation of women in legislative decision-making. 

Conclusion 

Major constitutional amendments have played a crucial role in shaping India's constitutional framework to meet evolving challenges while preserving democratic values and fundamental principles. From land reforms and state reorganization to local governance, economic reforms, and social justice, these amendments reflect the Constitution's adaptability and resilience.