Amendments to the Indian Constitution 1947-2019

Indian Constitution

Kesavananda Bharti case with regard to the basic nature of the Indian constitution forms an important part of the amendments to the constitution. Article 368 of Part XX deals with the powers of the Parliament to amend the constitution.

Article 368 can be classified into two types of amendments:

  • Special majority and ratification through half of the states by simple majority.
  • Special majority of the Parliament.

The Indian Constitution can be amended in three ways, by:

  1. Simple majority of the Parliament
  2. Special majority of the Parliament
  3. Special majority of the Parliament and ratification of half of the state legislatures

Some of the important amendments are as follows:

Amendment ActArticles/Scheduled/Parts affectedAmendments
7th Amendment Act, 1956 Reorganization of states on linguistic basis   Abolition of Class A, B, C and D states Introduction of Union Territories.
9th Amendment Act, 1960Schedule 1 of Indian ConstitutionAdjustments to Indian Territory as a result of an agreement with Pakistan.
10th Amendment Act, 1961Article 240
First Schedule
Dadra and Nagar Haveli incorporated into the Union of India as a Union Territory.
12th Amendment Act, 1961Article 240
First Schedule
Goa, Daman and Diu incorporated into the Indian Union as a Union Territory.
13th Amendment Act, 1963Article 170
Added new article 371A
Nagaland was formed with special status under Article 371A.
14th Amendment Act, 1962Articles 81 and 240
First and fourth Schedules
Added Article 239A
Pondicherry incorporated into the Indian Union.
21st Amendment Act, 1967Eighth ScheduleSindhi was added as a language into 8thSchedule of Indian Constitution.
26th Amendment Act, 1971Article 366
Added Article 363A
Removed Articles 291 and 362
Privy Purse was abolished.
36th Amendment Act, 1975   40th Amendment Act, 1975Articles 80 and 81   First and fourth Schedules
Added Article 371F
Removed Article 2A
Sikkim incorporated as an Indian state.
42nd Amendment Act, 1976Seventh Schedule
Added Articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A
Added Parts IVA and XIVA
“Mini constitution”. The Act inter-alia gave preponderance to Directive Principles of State Policy over Fundamental rights, curtailed the power of Judiciary and established the supremacy of Parliament. An overview of the amendments brought about by this Act are as follows:   1. Preamble: “Sovereign Democratic Republic” was changed to “Sovereign Socialist Secular Democratic Republic”.
The words “Unity of Nation” was changed to “Unity and Integrity of Nation”. 2.  Executive: Art. 74 was amended to state explicitly that the President shall act in accordance with the advice of the Council of Ministers in discharge of his functions. 3.  Judiciary: Inserted Art.32A in order to deny Supreme Court the power to consider the constitutional validity of a state law.
Art. 131A added. Gave SC exclusive jurisdiction to determine question relating to the constitutional validity of a central law. Art. 144A and Art. 128A made further innovation in the area of judicial review of constitutionality of legislation. Under Art.144A, the number of judges of SC to decide on the constitutional validity of a central or state law was fixed as at least 7 and further this required a 2/3rd majority of the judges sitting to declare a law as unconstitutional. 4. Federalism: According to Art. 257A, center could deploy any armed force of the union or any other force under its control for dealing with any grave situation in any state. 5. Fundamental Rights: Primacy to directive principles over Fundamental rights contained in Art.14, 19 or 31. 6. Fundamental Duties: Inserted Art. 51–A to create a new part IV-A in the Constitution as Fundamental Duties. 7. Emergency: Prior to this Act, President could declare emergency under Art. 352 throughout the country. This Act authorized the President to proclaim emergency in any part of the country. The dominant thrust of this Amendment was to reduce the role of courts and strengthen the Parliament.  
44th Amendment Act, 1978Ninth Schedule
Added Articles 134A and 361A
Deletion of Articles 31, 257A and 329A
Right to Property removed from the list of fundamental rights.
61st Amendment Act, 1989Article 326Voting age decreased from 21 to 18.
71st Amendment Act, 1992Article 332Manipuri, Konkani, and Nepali were added in the 8th Schedule of Indian Constitution.
73rd Amendment Act, 1992Added Part IXIntroduction of Panchayat Raj.   Addition of Part IX to the Indian Constitution.
74th Amendment Act, 1992Article 280 Article 280   Added Part IXA  Introduction of Municipalities and Nagarpalikas.
86th Amendment Act, 2002Amended Articles 45 and 51A   Added Article 21AFree and compulsory education of children between 6 and 14 years.
87th Amendment Act, 2003Eighth ScheduleSanthali, Bodo, Dogri, and Maithili in the 8thSchedule of Indian Constitution.   Service Tax introduced.
95th Amendment Act, 2010Article 334Extension of reservation of seats for SC/ST.   Nomination of Anglo-Indian members in Parliament and State Assemblies.
96th Amendment Act, 2011Eighth ScheduleReplaced Odia for Oriya in the 8th Schedule to the Indian Constitution.
97th Amendment Act, 2012 Articles 19   Added Part IXBIntroduction of Part IXB in the Constitution of India relating to Co-operative Societies.
100th Amendment Act, 2015Amendment of First ScheduleExchange of some enclave territories with Bangladesh.   Conferment of citizenship rights to citizens of enclave’s resulting to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.
101st  Amendment Act, 2016Amended Sixth Schedule and Seventh Schedule   Deletion of Article 268AIntroduction of Goods and Services Tax (GST).
102nd Amendment Act, 2018Article 338BEstablishment of National Commission for Backward Classes.    
103rd Amendment Act, 2019Articles 15 and 16Reservation for economically weaker sections of the society.

Related sources: National Bravery Awards (1947- present), Article 29-30: Foundation of the Most Important Cultural and Educational Rights of Minorities

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