Important Constitutional Amendments of India Notes for UPSC: Article 368, 1st to 106th Amendment List, 42nd Mini-Constitution, 73rd, 74th, 101st, 103rd, 106th with Landmark Cases
Komal Gupta
UPSC Exam Expert & Content Editor
In this note
- 1.Why Amendments Are So Important for UPSC
- 2.Article 368 and the Procedure of Amendment
- 3.Important Amendments in Chronological Order
- 4.Amendments Grouped by Theme
- 5.The 42nd Amendment: The Mini-Constitution
- 6.Landmark Cases on the Amendment Power
- 7.Memory Tricks
- 8.The Mains Angle: Flexibility and Rigidity
- 9.Previous-Year Style Practice
- 10.Frequently Asked Questions (FAQ)
PDF Notes: Important Constitutional Amendments of India Notes for UPSC: Article 368, 1st to 106th Amendment List, 42nd Mini-Constitution, 73rd, 74th, 101st, 103rd, 106th with Landmark Cases
Premium PDF · one-time payment of ₹5 · instant access
The Constitution of India is a living document. It has been amended more than a hundred times since 1950, to meet new needs, to create states, to change rights and to bring in new institutions. For the UPSC Prelims, the Constitutional Amendments are among the most repeated topics: the question usually gives a subject (for example, the GST, the anti-defection law or the Panchayati Raj) and asks which amendment is linked with it, or gives a list of amendments to match. The Mains asks about the amendment procedure, the basic structure doctrine and the role of the amendments in the Indian democracy. These notes cover Article 368, the three methods of amendment, and the important amendments from the 1st to the 106th, with tables, themes and memory tricks.
Why Amendments Are So Important for UPSC
The amendments show how the Constitution has changed with the society. They connect the Polity with the Economy (GST), the Social Justice (reservations), the Federalism (Panchayati Raj and the new states) and the Judiciary (basic structure). A student who learns them theme-wise, and not in the number order, can easily recall them. Before you start, you may revise the structure of the Constitution through our notes on the Preamble and Salient Features of the Indian Constitution, the Fundamental Rights and the Parliament of India.
Article 368 and the Procedure of Amendment
| Type | Which Provisions | Procedure |
|---|---|---|
| Simple majority | Admission of new states, creation of Legislative Councils, citizenship, Fifth and Sixth Schedules, the Union Territories | A simple majority of the members present and voting in both Houses, as in the ordinary law (not counted as an amendment under Article 368) |
| Special majority | Most of the provisions, including the Fundamental Rights and the Directive Principles | A majority of the total membership of each House and at least two-thirds of the members present and voting |
| Special majority and ratification by the states | Federal provisions, such as the election of the President, the powers of the Supreme Court and the High Courts, the representation of the states in Parliament, the Seventh Schedule, and Article 368 itself | The special majority plus the consent of at least half of the state legislatures |
A bill to amend the Constitution can be introduced in either House of Parliament, and not in the state legislature. The President must give assent, and he has no power to withhold it (since the 24th Amendment). An important limit is the basic structure doctrine, laid down in the Kesavananda Bharati case (1973), which says that Parliament cannot change the basic features of the Constitution, such as the supremacy of the Constitution, the republican and democratic form of government, secularism, federalism, the separation of powers and judicial review.
Important Amendments in Chronological Order
| Amendment | Year | Main Provision |
|---|---|---|
| 1st | 1951 | Added the Ninth Schedule; added reasonable restrictions on the freedom of speech; special provisions for the backward classes (Article 15(4)) |
| 7th | 1956 | Reorganisation of the states on a linguistic basis; abolition of Part A, B, C and D states |
| 24th | 1971 | Parliament has the power to amend any part of the Constitution, including the Fundamental Rights; the President must give assent |
| 25th | 1971 | Curtailed the right to property; Article 31C added |
| 26th | 1971 | Abolished the privy purses and the privileges of the former rulers |
| 31st | 1973 | Increased the Lok Sabha seats from 525 to 545 |
| 36th | 1975 | Sikkim became a full state of the Indian Union |
| 42nd | 1976 | The 'Mini-Constitution': added the words Socialist, Secular and Integrity to the Preamble; added the Fundamental Duties (Part IV-A); extended the Lok Sabha term to six years |
| 44th | 1978 | Removed the right to property from the Fundamental Rights and made it a legal right (Article 300A); the Lok Sabha term back to five years; safeguards against the misuse of the Emergency |
| 52nd | 1985 | Added the Tenth Schedule: the anti-defection law |
| 61st | 1988 | Lowered the voting age from 21 to 18 years |
| 69th | 1991 | Delhi became the National Capital Territory with a Legislative Assembly (Article 239AA) |
| 73rd | 1992 | Panchayati Raj institutions got the constitutional status (Part IX, Eleventh Schedule) |
| 74th | 1992 | Urban local bodies got the constitutional status (Part IX-A, Twelfth Schedule) |
| 86th | 2002 | Right to education as a Fundamental Right (Article 21A) for ages 6 to 14 |
| 91st | 2003 | Limited the size of the Council of Ministers to 15 per cent of the strength of the Lok Sabha or the Assembly; tightened the anti-defection law |
| 92nd | 2003 | Added Bodo, Dogri, Maithili and Santhali to the Eighth Schedule |
| 93rd | 2005 | Reservation for the SC, ST and OBC in the educational institutions |
| 97th | 2011 | Constitutional status for the cooperative societies (Part IX-B) |
| 99th | 2014 | Created the National Judicial Appointments Commission; struck down by the Supreme Court in 2015 |
| 100th | 2015 | Exchange of the enclaves with Bangladesh (the Land Boundary Agreement) |
| 101st | 2016 | Introduced the Goods and Services Tax (GST) and the GST Council (Article 279A) |
| 102nd | 2018 | Constitutional status to the National Commission for Backward Classes |
| 103rd | 2019 | 10 per cent reservation for the Economically Weaker Sections (EWS) in the general category |
| 104th | 2019 | Ended the reserved seats for the Anglo-Indians in the legislatures; extended the SC and ST reservation in the Lok Sabha and Assemblies for ten more years |
| 105th | 2021 | Restored the power of the states to identify the Socially and Educationally Backward Classes |
| 106th | 2023 | Women's reservation: one-third seats in the Lok Sabha and the State Assemblies (Nari Shakti Vandan Adhiniyam), to come into effect after the delimitation |
Amendments Grouped by Theme
- States and territories: 7th (reorganisation), 18th (Punjab), 22nd (Meghalaya), 36th (Sikkim), 56th (Goa), 69th (Delhi), 100th (Bangladesh enclaves).
- Reservation and social justice: 1st, 77th, 85th (promotion), 93rd, 103rd (EWS), 104th, 105th and 106th.
- Fundamental Rights and Duties: 24th, 25th, 42nd, 44th and 86th.
- Federalism and local government: 73rd, 74th, 97th and 101st.
- Political system: 52nd and 91st (anti-defection), 61st (voting age), 84th (freezing of the seats on the basis of the 1971 census till the first census after 2026).
- Languages: 21st (Sindhi), 71st (Konkani, Manipuri, Nepali), 92nd (Bodo, Dogri, Maithili, Santhali) and 96th (Orissa became Odisha).
The 42nd Amendment: The Mini-Constitution
The 42nd Amendment (1976) was the biggest change since the commencement of the Constitution, and it was passed during the Emergency, on the recommendation of the Swaran Singh Committee. It changed the Preamble, added the Fundamental Duties, made the Directive Principles stronger over the Fundamental Rights, gave more powers to Parliament, curbed the judicial review and extended the term of the Lok Sabha. Many of its provisions were reversed by the 43rd and 44th Amendments (1977 and 1978) after the Emergency. The Minerva Mills case (1980) struck down the changes that took away the judicial review and gave the Fundamental Rights priority over the Directive Principles in a balanced way.
Landmark Cases on the Amendment Power
| Case | Year | Principle |
|---|---|---|
| Shankari Prasad | 1951 | Parliament can amend the Fundamental Rights |
| Golaknath | 1967 | Parliament cannot amend the Fundamental Rights |
| Kesavananda Bharati | 1973 | Parliament can amend any part, but not the basic structure |
| Minerva Mills | 1980 | Judicial review and the balance of the Fundamental Rights and the DPSP are a part of the basic structure |
| I.R. Coelho | 2007 | Laws put in the Ninth Schedule after 1973 can be reviewed on the basis of the basic structure |
Memory Tricks
- "42 = Mini-Constitution, 44 = Property out, 52 = Defection, 61 = 18 years" is the simplest chain for the 1970s and 1980s.
- "73 and 74 are a pair": 73 for the villages, 74 for the towns.
- "101 = GST, 103 = EWS, 106 = Women" are the latest in the news.
- Remember that the Ninth Schedule was added by the 1st Amendment, and the Tenth by the 52nd.
The Mains Angle: Flexibility and Rigidity
For a Mains answer, say that the Indian Constitution is neither as rigid as the American nor as flexible as the British. The procedure of Article 368 balances the need for change with the need for stability. Argue that the amendments have helped to meet the social and economic goals, such as the land reforms, the local self-government and the GST, but a few have been criticised, such as the 42nd Amendment. The basic structure doctrine protects the core of the Constitution from the majoritarian changes, but the critics see it as a limit on the elected Parliament. End with the idea that constitutional morality and public debate are as important as the legal procedure.
Previous-Year Style Practice
- Which amendment introduced the GST? Answer: The 101st Amendment (2016).
- Which amendment lowered the voting age to 18? Answer: The 61st Amendment (1988).
- Which amendment added the Fundamental Duties? Answer: The 42nd Amendment (1976).
- Which amendment gave the constitutional status to the Panchayati Raj? Answer: The 73rd Amendment (1992).
Frequently Asked Questions (FAQ)
Which Article deals with the amendment of the Constitution?
Article 368.
How many types of amendment are there?
Three: by a simple majority, by a special majority, and by a special majority with the ratification of half of the states.
Which amendment is called the Mini-Constitution?
The 42nd Amendment (1976).
Which amendment introduced the anti-defection law?
The 52nd Amendment (1985), which added the Tenth Schedule.
Which amendment lowered the voting age to 18?
The 61st Amendment (1988).
Which amendment introduced the GST?
The 101st Amendment (2016).
Which amendment gave the constitutional status to the Panchayats and the Municipalities?
The 73rd and 74th Amendments (1992).
Which amendment added the right to education?
The 86th Amendment (2002), through Article 21A.
Which amendment provides 10 per cent reservation for the EWS?
The 103rd Amendment (2019).
Which amendment provides women's reservation in the legislatures?
The 106th Amendment (2023), the Nari Shakti Vandan Adhiniyam.
Which case laid down the basic structure doctrine?
The Kesavananda Bharati case (1973).
Which amendment struck down the NJAC?
The 99th Amendment created the NJAC, and the Supreme Court struck it down in 2015.
Previous chapter
Centre-State Relations and Emergency Provisions Notes for UPSC
Next chapter
Parliamentary Committees, Motions, Question Hour, Zero Hour and Legislative Procedure Notes for UPSC: PAC, Estimates, DRSC, JPC, Budget Stages and Types of Bills
Komal Gupta
UPSC Exam Expert & Content Editor
Komal is a senior UPSC exam strategist with 8+ years of experience helping aspirants crack CSE, CDS and NDA exams. She writes in-depth notification breakdowns, exam pattern guides and preparation strategies.