Constitution-of-India- law insider in

All 104 Amendments to the Constitution

Supreet Kaur

Law exists to sub-serve the social needs so a law should conform to the changing needs of the society. It means that law is not static. Even the very fundamental law must change before it becomes antagonistic.

Our Indian Constitution, which is fundamental and first law of land, is also subjected to amendments. The constitution itself provides the power to the parliament under Article 368 to amend it. Amendment includes adding or repealing any provision to the Constitution. The Constitution provides three ways of amendment:

  • By Special Majority
  • By Simple Majority
  • By Special Majority with ratification by States.

Our constitution came into force on 26th January 1950. Till date, it has been amended 104 times. The main provisions of all the amendments are as follow.

1st Amendment: The Constitution Amendment Act, 1951

  • The first amendment to the constitution added the words public order, friendly relations with foreign states and incitement to an offence, in Clause (2) of Article 19 which deals with restrictions to the fundamental right of speech and expression. It also added the word reasonable before restrictions under Clause (2) of Article 19 so that the restrictions imposed to the fundamental rights are justified.
  • It added sub clause (ii) to Clause (6) of Article 19. This sub clause enabled the State to carry on any business, trade, services either by complete or partial exclusion to the citizens.
  • The amendment also added clause (4) to Article 15 thus enabling the state to make special provisions for the advancement of socially and educationally backward classes.
  • It added Article 31A and Article 31B thus validating certain Land Reforms Laws.
  • It added 9th Schedule to the Constitution which saves various Acts from judicial review that is from being declared void on the ground that the Acts violate any of the fundamental rights.

2nd Amendment: The Constitution Amendment Act, 1952

It amended Article 81(1)(b) thus relaxing the limit of members to represent the union territories. The amended Article provides that one member of the House of Lok Sabha can represent more than 7,50,000 persons.[1]

3rd Amendment: The Constitution Amendment Act, 1954

Earlier the control of essential commodities was a subject of state list. But by this amendment, the control of production, supply, and distribution of certain essential cmmodities was given to the parliament as well by amending Entry 33 of the Concurrent list. These essential commodities were foodstuffs, cattle fodder, raw cotton, raw jute.

4th Amendment: The Constitution Amendment Act, 1955

It amended Article 31(2) thereby providing that the adequacy of compensation for acquisition is non justiciable and added certain laws to ninth Schedule.

5th Amendment: The Constitution Amendment Act,1955

According to proviso to Article 3 of Indian Constitution, the President has to refer the bill regarding alteration of name, area, boundary of a state to the legislature of that state for recommendation. But there was no time limit prescribed in which the concerned state must give its views.

So, this amendment re enacted proviso to Article 3 and enabled the president to prescribe the time limit in which the state has to reply and the President may extend this time limit.

6th Amendment: The Constitution Amendment Act, 1955

  • This amendment made taxation of inter – State sales, a Union subject by adding Entry 92 A to list I.
  • It also added Article 269(3) which provides that if a State imposes tax on sale or purchase of a good (which is of special importance) in inter state trade, such law is subjected to any restrictions or conditions as the parliament may provide.

7th Amendment: The Constitution Amendment Act, 1956

  • Earlier Indian States were classified into Part A, Part B and Part C.

This amendment amended Article 1 and Schedule first and Fourth of the Constitution, thus abolishing the three fold classification. Part A and B states were grouped together as States with same footing and Part C became our Union territories.

  • It added Article 258 A, 290A, 350A, 350B. 372A, 378 A.

8th Amendment: The Constitution Amendment Act, 1959

It extended the period of reservation of seats in legislature for SCs, STs and Anglo Indians from 10 to 20 years.

9th Amendment: The Constitution Amendment Act, 1960

It amended the first Schedule of the Constitution to give effect to three Indo- Pakistan Agreements[2] which settled the boundary disputes in the States of Assam, Punjab, West Bengal, and the Union Territory of Tripura.

10th Amendment: The Constitution Amendment Act, 1961

Article 240[3] of the Constitution was amended which made Dadra and Nagar Haveli a Union territory and added it to List of Union Territories in the first Schedule.

11th Amendment: The Constitution Amendment Act, 1961

  • It replaced the words members of both houses of parliament assembled at joint sitting by the words members of an electoral college consisting of members of both houses of Parliament in Article 66 which deals with elections of Vice President.
  • It added Clause (4) to Article 71 which provides that there will be no effect of vacancy in the electoral college on the elections of President or Vice President and such elections cannot be called in question on ground of any vacany therein.

12th Amendment: The Constitution Amendment Act, 1962

This amendment was given retrospective effect, 20 December 1961.

By this Amendment, Goa, Daman and Diu were made Union Territories and were added in the list of UTs in first Schedule. Accordingly, Article 240 was amended.

13th Amendment: The Constitution Amendment Act, 1962

To establishing a separate state of Nagaland, Article 371 A was added to the Constitution.

14th Amendment: The Constitution Amendment Act, 1962

  • It amended Article 240 to give effect to the establishment of territories of Pondicherry, Karikal, Mahe as Union Territories.
  • It inserted Article 239 A which empowers the parliament to create a body which would act as a legislature of a Union Territory.

15th Amendment: The Constitution Amendment Act, 1962

  • It amended Article 217(1) thus increased the age of retirement of judges of High Court from 60 to 62 years.
  • It modified Article 222 thus providing compensatory allowances to the high court judge who are transferred from one court to another.
  • It inserted Article 224A which provided that retired judges can be requested to act as ad hoc judges.
  • It inserted Clause (1-A ) to Article 226 enabling the High Courts to issue writs outside its territorial jurisdiction.
  • It also amended Article 311(2) and limited the Scope of second opportunity to a delinquent civil servant.

16th Amendment: The Constitution Amendment Act, 1964

  • It added sovereignty and integrity of India, a new ground in clauses (2), (3) and (4) of Article 19.
  • It amended Article 84 which deals with Qualifications for membership of Parliament and Article 173 which deals with qualifications for membership of State Legislature. The amended added one more qualification required to be a member that is subscribing an oath before Election Commission as given under third Schedule.
  • It also amended third Schedule and added the words “to uphold Sovereignty and integrity of India.”

17th Amendment: The Constitution Amendment Act, 1964

  • It amended Article 31 A by changing the definition of expression estate used in Article 31A. This Amendment brought “any jagir, inam, Muafi, and janman right in the State of Kerala and Madras and also ryotwari lands. The purpose was to save certain agrarian reforms in the State of Kerala and Madras.
  • It also added 44 Acts to the 9th Schedule of the Constitution.

18th Amendment: The Constitution Amendment Act, 1966

  • It added Explanation I and II to Article 3 which deals with formation of new States, changing area, boundary, name of States.
  • Explanation 1 provides that the term state used in Article 3 also include a Union Territory. It means area, boundary, name of UTs can also be changed.
  • Explanation II provides that the parliament has the power to form a new state and Union Territory as well.

19th Amendment: Constitution Amendment Act, 1966

It amended Article 329 to terminate the jurisdiction of the Election tribunals to decide election disputes. It withdrew the power of Election Commission to set up election tribunals. It was done to expedite disposal of Election Disputes.

20th Amendment: The Constitution Amendment Act, 1966

To give effect to the judgement of S.C. in Chandra Mohan v. State of U.P.[4], Article 233A was added so to validate certain appointments and judgements of district Courts in the State of U.P.

21st Amendment: The Constitution Amendment Act, 1967

To give effect to the persistent demand from Sindhi Speaking People and the Recommendations of the Linguistic Commission, eight Schedule was amended by including the term “Sindhi“.

22nd Amendment: The Constitution Amendment Act, 1969

  • It added Article 371B which provides for the Constitution of a Committee of the Legislative Assembly of the State.
  • It added Article 244A thus empowering the Parliament to form autonomous State of Meghalaya within the State of Assam.

23rd Amendment: The Constitution Amendment Act, 1969

It further extended the period of reservation for SCs and STs and Anglo Indian Community for 10 years and for that purpose amended Article 332,333,334.

24th Amendment: The Constitution Amendment Act, 1971

  • (i)As a sequel to the ruling of Supreme Court in case of Golaknath v. State of Punjab,[5] wherein S.C. held that the term “law” used in Article 13 doesn’t include an Amendment under Article 368, Article 13(4) was added which provides that nothing in Article 13 apply to Amendment done under Article 368.
  • (ii)Clause (1) was added to Article 368 which gave the Parliament constituent power to amend any provision of the Constitution including the Fundamental rights.
  • (iii) Clause (3) to Article 368 was added which provides that Article 13 doesn’t apply to any Amendment made under Article 368.
  • This Amendment gave absolute and unlimited power to the Parliament. This Amendment was challenged in Kesavnanda Bharati v. State of Kerala[6], wherein it was declared valid.

25th Amendment: The Constitution Amendment Act, 1971

  • This Amendment substituted the word amount for the word Compensation in Article 31(2). The Purpose was to nullify the decision of S.C. in R.C. Cooper v. UOI[7]. The amended Article provided that the adequacy of the amount to be given to a person in case of deprivation of his property cannot be questioned in any court.
  • Article 31C was added which provided for supremacy of Directive Principles contained in Article 39(b) over Fundamental rights contained in Article 14, 19 and 31.

26th Amendment: The Constitution Amendment Act, 1971

It omitted Article 291 and Article 362 and inserted Article 363 A thereby abolishing the Right of Privy Purses and the rights, obligations attached

27th Amendment: The Constitution Amendment Act, 1971

  • It amended Article 239B and Article 240 which provides for special provisions for the Union Territories of Mizoram and Arunanchal Pradesh.
  • It inserted Article 239 B which empowered the administrators of Union Territories to promulgate ordinances.
  • It also added Article 371C which empowered the Parliament to create the Legislative Assembly and Council of Ministers for the State of Manipur.

28th Amendment: The Constitution Amendment Act, 1972

  • It inserted Article 312A which empowered the Parliament to revoke the service condition of the members of Indian Civil Services prior to the commencement of the Constitution.
  • It omitted Article 314.

29th Amendment: The Constitution Amendment Act, 1972

It inserted two kerala land reforms in the ninth Schedule thus saving the Acts from being declared void.

30th Amendment: The Constitution Amendment Act, 1972

It amended Article 133 thus removing the condition of monetary value in case of appeal in civil matter to the Supreme Court. This Amendment was done on basis of 44th and 45th report of Law Commission.

31st Amendment: The Constitution Amendment Act, 1974

It amended Article 81(1) thus raising the strength of the House of people from 525 to 545.

32nd Amendment: The Constitution Amendment Act,1974

To satisfy the people of Telangana region, it made special provisions for the State of Andhra Pradesh by amending Article 371 and adding Article 371D and 371E.

33rd Amendment: The Constitution Amendment Act,1974

To check whether the decision of resignation by any member of the House of Parliament is genuine or voluntary, the amendment vested this power in the Speaker/Chairman of the House by adding Proviso to Article 101(3)(b) and Article 190(3)(b).

34th Amendment: The Constitution Amendment Act, 1974

It added 20 State Land Reforms Acts to the ninth Schedule thereby increasing the number of Acts in Schedule nine to 86.

35th Amendment: The Constitution Amendment Act, 1974

It conferred the Status of an Associate State on Sikkim thus enabling it to send one representative to each house of the Parliament.

36th Amendment: The Constitution Amendment Act, 1975

(i) It conferred the status of a full fledged State on Sikkim. For this purpose, First and Fourth Schedule were amended.

(ii)To provide special provisions for Sikkim, Article 371F was inserted.

37th Amendment: The Constitution Amendment Act, 1975

It made Arunanchal Pradesh a Union Territory with a Legislature and Council of Ministers and took away the powers from the President to make regulations with respect to it. For this purpose, Article 239A and Article 240 were amended.

38th Amendment: The Constitution Amendment Act, 1975

  • It amended Article 352 by adding Clause (4) which empowered the President to declare emergency on different grounds irrespective of the fact a proclamation is already in operation.
  • It also added Clause (5) which declared that the satisfaction of the President required for the proclamation of emergency would be final and conclusive and would not be called in question before any court.[8]
  • The provision for satisfaction of the President as final and conclusive was also added in Article 123 and in case of governor, same provision was added in Article 213.

39th Amendment: The Constitution Amendment, 1975

It amended Article 71 according to which all the doubts and disputes in relation to election of the President were not to be decided by the Supreme Court but by a body which would be appointed by Parliament by law.[9]

40th Amendment: The Constitution Amendment Act,1976

  • It added 64 Acts to the 9th Schedule of the Constitution.
  • It amended Article 297 hence enlarging the scope of India’s sovereign rights over sea wealth by empowering the Parliament to determine from time to time the limit of territorial waters, maritime zone, exclusive economic zone, continental shelf.

41st Amendment: The Constitution Amendment Act,1976

  • This Amendment raised the age of retirement of the chairman and members of State Public Service Commission from 60 to 62 years.
  • It amended fifth Schedule so as to rationalize certain Scheduled areas for the purpose of tribal development.

42nd Amendment: The Constitution Amendment Act,1976

This was most controversial Amendment as it made many changes to the constitution. This Amendment is also known as mini Constitution. The effect of this amendment were subsequently cured by 43rd and 44th Amendment. It inserted two parts, 11 Articles and amended 36 Articles and Substituted 4 Articles. The main changes by this Amendment are:

  • It added Chapter on Fundamental Duties under Part IV A.
  • It added the words sovereign and Socialist to the preamble and substituted the words unity of nation by unity and integrity of the nation.
  • It extended the term of Lok Sabha and State Legislative Assembly from 5 to 6 years.
  • It made the advise of Council of Ministers binding on the president by amending Article 74.
  • Empowered the President to proclaim emergency in whole of India or any part of India by amending Article 352(1).
  • It inserted Clause (4) and (5) to Article 368 providing that any Amendment to the Constitution cannot be called in question on any ground before the Court. It was challenged in Minerva Mills v. UOI[10] wherein Supreme Court held that theses clauses destroyed the basic structure of the Constitution, thus were struck down.
  • It provided Supremacy to all the Directive Principles over Fundamental rights by amending Article 31(C).[11]
  • It made changes to the jurisdiction of SC and HCs as follow:
    • It added Article 32A which took away the jurisdiction of S.C. to check the validity of a state law for enforcing Fundamental rights.
    • By adding Article 131A, the exclusive jurisdiction to check the validity of a central law was vested with the S.C.
    • Further Article 144A was added which provided that S.C. can declare a central law unconstitutional only if the decision is passed by atleast seven judges with two third majority.
    • Likewise High Courts were prohibited from checking the validity of a central law under Article 226A.
    • Article 228A was added which provided that High Court can declare a state law unconstitutional only if the decision is passed by atleast five judges with two third majority.
  • Article 31D was added which empowered the Parliament to prohibit anti national activities.

43rd Amendment: The Constitution Amendment Act, 1977

  • It restored the powers of SC and HCs by repealing Articles 32A,226A,144A,228A which were added by 42nd Amendment.
  • Article 31D and Articles 366(4A) and Article 366(26A) were also repealed.

44th Amendment: The Constitution Amendment Act,1977

  • The main purpose of this amendment was to cure the effects caused by 42nd Amendment Act. It restored the provisions which were existing prior to 42nd Amendment.
    • It restored the tenure of Lok Sabha and State legislative Assembly to five years.
    • The Right to property which was earlier a fundamental right was made a legal right instead under Article 300A.
    • In relation to Emergency:
  • It amended Article 352, providing that the President can proclaim emergency only after receiving the decision of Union Cabinet in writing.
  • It substituted “internal disturbance” by “Armed Rebellion” as the ground for proclaiming Emergency under Article 352
  • It deleted Clause (5) of Article 352. It means that the satisfaction of the President required for proclaiming can be questioned in the court.
  • It changed the period for which the proclamation is to be continued without approval by House of Parliament from two months to one month.
  • It specified that after the proclamation, Emergency is to be continued for six months only. After six months new approval is required.
  • It provided that the approval of proclamation by houses is to be done by Special majority rather than simple majority.
  • It amended Article 358 thereby providing that Article 19 is to be suspended only when the Emergency is to be proclaimed on the ground of external aggression or war.
  • Only those laws are immuned under Article 358 which are enacted during or in relation to Emergency.
  • Fundamental rights under Article 20 and 21 couldn’t be suspended during Emergency.
  • It provided two conditions in case where State Emergency is to be extended beyond two years.

45th Amendment: The Constitution Amendment Act,1980

It extended the period of reservation for SCs and STs and Anglo Indians in the lok sabha and State Assemblies by substituting the word forty in place of thirty in Article 334.

46th Amendment: The Constitution Amendment Act, 1982

It made changes to the taxing power of the Union. Various decisions of the S.C.[12] restricted the power of the States in regard to levying taxes. To overcome that decision, This Act amended Article 269, 286 and 366 and the seventh Schedule of the Constitution.

By these Amendments, Parliament get the power to levy tax on consignment of those goods which takes place in the Inter State trade and commerce and assign the proceeds of tax to the States.

47th Amendment: The Constitution Amendment Act, 1984

It inserted 14 State land Reforms Acts in the ninth Schedule.

48th Amendment: The Constitution Amendment Act, 1984

The word one year used in Article 356(5) was substituted by two years so as to deal with the peculiar condition in State of Punjab owing to akali agitation.

49th Amendment: The Constitution Amendment Act, 1984

In order to meet the aspirations of tribal population and to ensure rapid population, the Tribal areas of State of Tripura were removed from fifth Schedule and added to Sixth Schedule.

50th Amendment: The Constitution Amendment Act, 1984

It added clause (c) and (d) to Article 33.

51st Amendment: The Constitution Amendment Act, 1984

It provided for reservations of seats in the Lok Sabha for STs in Meghalaya, Arunanchal Pradesh and Mizoram and Legislative Assembly of Nagaland and Meghalaya by amending Article 330 and 332.

52ND Amendment: The Constitution Amendment Act,1985

It added tenth Schedule to the constitution which contains Anti Defection law. For this purpose, Articles 101, 102, 190 and 191 were amended.

53rd Amendment: The Constitution Amendment Act,1986

  • By this Amendment, UT of Mizoram was granted Statehood.
  • Article 371G was added so as to provide for special status to Mizoram.

54th Amendment: The Constitution Amendment Act,1986

It enhanced the salary of judges by amending Part D of Schedule Seven.

CJI- from 5000 to 10,000

SC judges and CJ of HCs- From 4000 to 9000

HC judges- 3500 to 8000.

55th Amendment: The Constitution Amendment Act, 1986

By this Amendment, U.T. of Arunanchal Pradesh was granted Statehood and added Article 371H for this purpose, assigning special responsibility to the Governor of A.P.

56th Amendment: The Constitution Amendment Act, 1987

The State of Goa was added to the Indian Union, Article 371I was added which provided for creation of a 30 member Legislative Assembly for the State of Goa.

57th Amendment: The Constitution Amendment Act, 1987

It amended Article 332 so as to provide reservations of seats for STs in the legislative Assemblies in the State of Arunanchal Pradesh, Meghalaya, Mizoram and Nagaland.

58th Amendment: The Constitution Amendment Act,1987

To provide for a version of the Constitution, Article 394A was amended.

59th Amendment: The Constitution Amendment Act,1988

  • In relation to Punjab, Special Provisions of Emergency was made. Article 352, 356,358 and 359 were amended.
  • Period of emergency to be extended beyond three years.
  • Internal disturbance was re-introduced as a ground to proclaim emergency.

60th Amendment: The Constitution Amendment Act, 1988

It amended Article 276(2) thereby increasing the total amount payable by an individual for taxes on profession, trades, employment from 250 to rs 2500.

. 61st Amendment: The Constitution Amendment Act,1989

It reduced the age of voting from 21 to 18 years by amending Article 326.

62nd Amendment: The Constitution Amendment Act,1989

It further Extended the period of reservation for SCs and STs and Anglo Indians for more 10 years by amending Article 334.

63rd Amendment: The Constitution Amendment Act,1989

The amendments (Article 352,356,358,359) done by 59th Amendment in relation to state to Punjab were repealed by 63rd Amendment.

64th Amendment: The Constitution Amendment Act,1990

It amended Article 356 to extend President’s rule in Punjab for 3 years and 6 months.

65th Amendment: The Constitution Amendment Act,1990

It provided for establishment of National Commission for SCs and STs by amending Article 338.

66th Amendment: The Constitution Amendment Act,1990

It added 55 Land Reforms Acts to the Ninth Schedule.

67th Amendment: The Constitution Amendment Act,1990

It amended Article 356(4) to extend President’s rule in Punjab to four years.

68th Amendment: The Constitution Amendment Act, 1991

It substituted four years in Article 356(b) by five years to extend President’s rule in Punjab.

69th Amendment: The Constitution Amendment Act, 1991

By this Amendment, legislative Assembly for NCT of Delhi was established along with Council of Ministers through addition of Article 239AA and 239AB.

70th Amendment: The Constitution Amendment Act, 1992

It amended Article 54 and 239AA in respect to NCT of Delhi. Now the electoral college for the elections of the President was to consist of members of legislative assembly of Delhi and Pondicherry as well.

71st Amendment: The Constitution Amendment Act,1992

It added three more languages to the eight Schedule that is Manipuri, konkari and Nepali.

72nd Amendment: The Constitution Amendment Act, 1992

It increased the number of seats reserved for STs in legislative Assembly of Tripura by adding Clause (3B) to Article 332.

73rd Amendment: The Constitution Amendment Act,1992

  • It gave constitutional status to Panchayati Raj by adding new Part IX to the Constitution and Schedule eleven to the Constitution.
  • It inserted Clause (bb) to Article 280.

74th Amendment: The Constitution Amendment Act,1992

It added Part IX A to the constitution thereby giving constitutional sanction to the Urban Bodies like Municipalities.

It inserted Clause (c) to Article 280.

75th Amendment: The Constitution Amendment Act,1993

It provided for establishment of Tribunals for governance of Tenancy issues. For this purpose, Article 323B was amended and sub clause (h) was added to Article 323B(2).

. 76th Amendment: The Constitution Amendment Act, 1994

It added the Tamil Nadu Backward Classes, SCs and STs Act, 1993 in the ninth Schedule.

77th Amendment: The Constitution Amendment Act, 1995

It inserted Clause 4A to Article 16 which provides that the State can make Provisions for reservations in matter of promotion for SCs and STs.

78th Amendment: The Constitution Amendment Act, 1995

It added 27 land reforms Act to the ninth Schedule.

79th Amendment: The Constitution Amendment Act, 1999

It again extended the period of reservation for SCs, STs and Anglo Indians from 50 years to more 10 years.

. 80th Amendment: The Constitution Amendment Act, 2000

It omitted Article 272 and amended Article 269 and Article 270 to give effect to the recommendations of Tenth Finance Commission.

81st Amendment: The Constitution Amendment Act, 2000

It inserted Clause 4B to Article 16. According to it, if there are some unfilled reserved seats that can be filled up in any subsequent year.

82nd Amendment: The Constitution Amendment Act, 2000

It inserted a proviso to Article 335 which provides that the State can relax the qualifying marks for SCs and STs.

83rd Amendment: The Constitution Amendment Act, 2000

It inserted Clause 3A to Article 243 M thus exempting the application of Article 243 D to the State of Arunanchal Pradesh.

84th Amendment: The Constitution Amendment Act,2001

It provided a new census that is 1991 for determination of allocation of seats and ascertainment of population under Article 55 (election of President), 81(Composition of lok Sabha), 170 (Composition of State LAs ,330(Reservation of Seats for SCs/STs in Lok Sabha ), 332( reservation of seats for SCs/ STs in A.P, Meghalaya, Mizoram, Nagaland, Tripura.

85th Amendment: The Constitution Amendment Act, 2001

It introduced the principle of consequential seniority in the matters of promotion in favour of SCs and STs by amending Clause 4A of Article 16.

86th Amendment: The Constitution Amendment Act,2002

(i) This Amendment added a new fundamental right – Right to Education by inserting Article 21 A to provide free and compulsory education to all the children below the age of fourteen years. It substituted the existing Article 45 where age was limited to six only.

(ii)It also added clause (k) to Article 51 A thus making it a fundamental duty of the parents to educate their child.

87th Amendment: The Constitution Amendment Act, 2002

It substituted the figure “1991” by the figure “2001” in Article 81(3) , and in Proviso to Article 170(2), 330(3). So new census was added for adjustment of seats.

88thAmendment: The Constitution Amendment Act,2003

The amendment added new Article 268 A which empowers the GOI to impose Service Tax and to appropriate the proceeds of such tax in the manner as Parliament may formulate by law.

Seventh Schedule was also amended by adding new entry 93C which deals with Tax on Services to List I.

89th Amendment: The Constitution Amendment Act, 2003

It provided for appointment of separate commission for SCs and STs by amending Article 338 and inserting new Article 338A.

90th Amendment: The Constitution Amendment Act, 2003

To provide for representation to STs and non Scheduled Tribes in the constituencies of Bodoland Territorial Areas District for elections to the legislative Assembly of State of Assam, Proviso to Clause (6) of Article 332 was inserted.

91st Amendment: The Constitution Amendment Act,2003

It inserted Clause (1A) and (1B) to Article 75 thereby restricting the size of Council of Ministers to 15% of the strength of Lok Sabha or State Legislative Assembly.

It inserted Clause (1A) and (1B) to Article 164 thereby prohibiting any member who is disqualified under Anti Defection law to be appointed as minister in COMs during the period of his disqualification.

It inserted Article 361-B which provides that a member disqualified under Anti Defection law cannot be appointed as a minister or hold any other political post during his disqualification.

92nd Amendment: The Constitution Amendment Act,2003

The amendment added four more languages to the Eight Schedule that were Bodo, Dogri, Maithili, Santhali thus raising the number of languages to twenty two.

93rd Amendment: The Constitution Amendment Act, 2005

This Amendment added Clause (5) to Article 15 thus enabling the State to make special provisions for advancement of SEBCs in matters of admission to educational institutions whether aided by government or not.

94th Amendment: The Constitution Amendment Act, 2006

This Amendment substituted the word Bihar by Chhattisgarh and Jharkhand in the proviso to Clause (1) of Article 164. Proviso to Clause (1) declares that there shall be a minister in charge of Tribal welfare.

95th Amendment: The Constitution Amendment Act, 2009

This amendment extended the period of reservation for SCs, STs and Anglo Indians upto 25th January 2020 and for this purpose amended Article 331,333,334.

96th Amendment: The Constitution Amendment Act, 2011

The word Odia was substituted by the word Oriya in the eight Schedule of the Constitution.

97th Amendment: The Constitution Amendment Act, 2011

This Amendment inserted some words, one Article and one part as follow:

  • The word or Co-operative societies were added after the words or union in Article 19(1)(c).
  • Article 43B was inserted enjoining the State to promote Co-operative societies.
  • Part IX B relating to Co-operative societies was added.

98th Amendment: The Constitution Amendment Act, 2013

This Amendment added Article 371 -J in order to make special provisions for certain areas of Karnataka which were the most backward regions.

99th Amendment: The Constitution Amendment Act, 2015

The National Judicial Appointment Commission Act,2014 was enacted by the Parliament which provided for a committee to regulate judicial appointments which were earlier done by collegium system.

For this purpose, Article 124 and 217 were amended. However, this Amendment was struck down by Supreme Court in NJAC case[13] on the ground of being unconstitutional.

100th Amendment: The Constitution Amendment Act, 2015

  • Schedule I was amended to give to the agreement entered between India and Bangladesh regarding exchange of enclaves.
  • To regulate allocation of seats to the Union Parliament and Stare Legislative Assemblies, Election Laws Amendment Act, 2016 was enacted.
  • Delimitation Act,2002 was enacted thereby giving powers to Election Commissioner regarding delimitation of certain territories.

101st Amendment: The Constitution Amendment Act,2016

Goods and Services Tax was introduced and for this purpose Articles 246A , 269A and 279 A were added, Article 288 A was omitted and Articles 248 – 250, 268- 271, 286, 366 and 368 were amended.

102nd Amendment: The Constitution Amendment Act,2018

It provided for establishment of National Commission for Backward Classes by adding Article 338 B , 342 A and amending Articles 338 and 366.

103rd Amendment: The Constitution Amendment Act,2019

10% seats were reserved for Economically weaker Section and for this purpose clause (6) was added to both Article 15 and 16.

104th Amendment: The Constitution Amendment Act,2020

It again extended the period of reservation for SCs and STs in Lok Sabha and State Legislative Assemblies for further 10 years by amending Article 334.

But the reservation for Anglo Indian Community was abolished by this Amendment.

Conclusion

The power to amend the constitution had been misused mostly in 42nd Amendment which brought major changes to the Constitution. But the ill effects of the same were cured by subsequent amendments and judicial decisions. The basic Structure of the Constitution cannot be amended as decided in Kesavnanda Bharati’s case.[14]

  1. This Article was amended again in 1956, 1973, 1974, 1975.
  2. Date of Agreements: September 10, 1958, October 23, 1959 and January 11, 1960.
  3. Confers power on the President to make regulations for the peace, progress and good government of UTs.
  4. AIR 1966 SC 1987
  5. AIR 1967 SC 1643
  6. AIR 1973 SC 1461
  7. AIR 1970 SC 564
  8. This clause was deleted by 42nd Amendment.
  9. This Article was against amended by 42nd Amendment thereby undoing the effect of 39th Amendment.
  10. AIR 1980 SC 1789
  11. It was struck down in Minerva Mills v. UOI AIR 1980 SC 1789
  12. Like State of Madras v. Gannon Dunkerley AIR 1958 SC 360
  13. SC advocates on record v. UOI AIR 2015 SCW 5457
  14. Air 1971 SC 1461

References:

List of amendments of the Constitution of India

Important Amendments in the Indian Constitution for UPSC