Constitutional Amendment

Constitutional Amendment is an essential topic in Indian Polity, referring to the process through which changes are made to the Constitution to meet evolving political, social, and administrative needs. The amendment procedure under Article 368 ensures flexibility while preserving the Constitution’s basic structure. It reflects the dynamic nature of the Indian constitutional framework and its ability to adapt over time.

Amendment of the Indian Constitution

Article 368 – Power of Parliament to amend the Constitution and its procedure

• “Notwithstanding anything in this Constitution, Parliament may, in exercise of its constituent power, make additions to, variations in or repeal any of the provisions of this Constitution in accordance with the procedure laid down in this article.”
• The process of amending the Indian Constitution is neither very difficult (as in the United States) nor very easy (as in Britain). It represents a balance between rigidity and flexibility.

Constitutional Mechanism for Amendment

• Article 368 is contained in Part XX of the Constitution.
• It empowers Parliament to amend, alter, or repeal any provision of the Constitution.
• The Basic Structure of the Constitution cannot be changed (Kesavananda Bharati case, 1973).

Constitutional Amendment Process

• A Constitution Amendment Bill can be introduced by any member in either House of Parliament, but not in a State Legislature.
• Exception – Article 169 (Creation or abolition of Legislative Council):
• If a Legislative Council is to be created or abolished in a State:
  • First, the State Legislative Assembly must pass a resolution by a special majority.
  • Thereafter, Parliament creates or abolishes the Council by an ordinary law.
• The recommendation of the President is not necessary before the introduction of a Constitution Amendment Bill.
• The Bill must be passed by each House separately by a special majority on each reading.
• Passage by both Houses is mandatory.
• In case of disagreement between the two Houses, the Bill lapses, as there is no provision for a joint sitting.
• Amendments relating to the federal structure must also be ratified by a simple majority in the legislatures of at least half of the States.
• After the Bill is passed, the President’s assent is mandatory.
• The President cannot refuse, withhold, or return the Bill for reconsideration.
• This obligation was added by the 24th Constitutional Amendment Act, 1971.
• The First Constitutional Amendment Act was passed in 1951, when the (interim) Parliament was unicameral.

Power of Parliament and Role of the Court

• After the 24th Constitutional Amendment Act (1971), the President is bound to give assent to a Constitution Amendment Bill.
• The amending power of Parliament is limited by the basic structure of the Constitution.
• M. Nagaraj v. Union of India (2007, AIR): The doctrine of basic structure is only a criterion for testing the validity of amendments.
• The Supreme Court can strike down any constitutional amendment that violates the basic structure.

Types of Amendment Methods

• There are three methods of amendment in the Indian Constitution:

By a Simple Majority of Parliament – (Provisions outside Article 368)

• Articles 2 and 3 – Admission, formation, area, boundaries, and alteration of names of States.
• Article 169 – Creation and abolition of Legislative Council.
• Part II – Provisions relating to citizenship.
• Redrawing of constituencies.
• Second Schedule (salaries and allowances).
• Quorum of Parliament.
• Citizenship, language, Fifth and Sixth Schedules.
• Provisions relating to Union Territories.

(Only 02 types under Article 368)

By a Special Majority of Parliament –

• By Special Majority of Parliament—Article 368(2): A majority of the total membership of the House + a two-thirds (2/3) majority of the members present and voting.
  • Fundamental Rights.
  • Directive Principles of State Policy.
  • Most provisions of the Constitution.
  • (All provisions except those amendable by simple majority and those requiring ratification by States fall under this category.)

By Special Majority of Parliament plus Ratification by Half of the States

• (Relating to the federal structure; Article 368(2); no time limit prescribed for States)
• Election of the President (Articles 54 and 55).
• Supreme Court and High Courts.
• Provisions of the Seventh Schedule.
• Distribution of legislative and executive powers between the Union and the States.
• Articles 73, 162, 241, and 279A.
• Representation of States in Parliament.
• Article 368 itself.

Special Facts

• K.C. Wheare: The Indian Constitution strikes a fine balance between flexibility and rigidity.
• Instances of disagreement between the two Houses:
  • 1970: Bill to abolish Privy Purses passed by Lok Sabha but rejected by Rajya Sabha; later abolished by the 26th Amendment Act (1971).
  • 1978: 44th Amendment—Lok Sabha passed it; Rajya Sabha suggested amendments which were accepted.
  • 1989: 64th and 65th Amendments passed by Lok Sabha but not supported by Rajya Sabha.

Criticisms

1. No special body like the Constituent Assembly of the USA for amending the Constitution.
2. Only Parliament has been given the power to amend; State Legislatures cannot independently introduce amendment proposals.
3. No time limit prescribed for ratification by States.
4. Absence of a joint sitting in case of disagreement between the two Houses.
5. The procedure is not very different from the ordinary legislative process, except for the requirement of a special majority.
6. Many provisions are vague, increasing dependence on judicial interpretation.

Appreciations

1. A balanced blend of flexibility and rigidity.
2. Pt. Jawaharlal Nehru: “The Constitution should not be made so rigid that it stops progress.”
3. Dr. B.R. Ambedkar: “India has a simple system of constitutional amendment.”
4. K.C. Wheare: “Diversity in the amendment process is wise.”
5. Granville Austin: “This is the most acceptable part of the Constitution.”

Some important amendments

Changes related to the Ninth Schedule

First Constitutional Amendment Act, 1951:

• This amendment was passed by a unicameral Parliament because:
• In 1951, only the Lok Sabha existed in the Parliament of India.
• The Rajya Sabha (Upper House) was constituted in 1952.
• Provision for acquisition of property, etc., for the protection of laws.
• The words “reasonable restrictions” were incorporated in clause (2) of Article 19 of the Constitution of India.
• The original clause (2) of Article 19 dealt with reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a).
• Land reform laws and other laws related to judicial review were placed in the Ninth Schedule.
• Two clauses, Article 31A and Article 31B, were added to Article 31.
• Three additional grounds were added for imposing restrictions on the freedom of speech and expression, namely— Public order, Incitement to an offence, and friendly relations with foreign States.
• The restrictions were made more rational and thereby justiciable.

17th Constitutional Amendment Act, 1964:

• Land reform laws were placed in the Ninth Schedule of the Constitution to provide protection from judicial review.

Changes related to state reorganization 

Seventh Constitutional Amendment Act, 1956:

• Reason: This amendment was enacted to implement the recommendations of the States Reorganisation Commission and the States Reorganisation Act, 1956.
• At the commencement of the Constitution, the maximum strength of the Lok Sabha was fixed at 500 members. In the first House constituted in 1952, there were 497 members of the Lok Sabha. After the reorganisation of States, major changes occurred in the boundaries of existing States as well as in the allocation of seats to States and Union Territories. Therefore, along with reorganisation, the Government carried out the Seventh Constitutional Amendment, by which the maximum number of seats allotted to the States was fixed at 500, and an additional 20 seats (maximum limit) were added for the representation of six Union Territories. Consequently, the second Lok Sabha elected in 1957 had 503 members.
• The four categories of States (Part A, Part B, Part C and Part D) were abolished and, in their place, 14 States and 6 Union Territories were recognised.
• The jurisdiction of High Courts was extended to Union Territories.
• Provision was made for the establishment of a common (joint) High Court for two or more States.

Ninth Constitutional Amendment Act, 1960:

• This amendment was enacted with a view to transferring certain State territories to Pakistan in pursuance of agreements concluded between the Governments of India and Pakistan.
• After this agreement, the Union referred the matter to the Supreme Court. The Court held that the power of Parliament under Article 3 to diminish the area of a State does not apply to the transfer of any part of the territory of India to a foreign country.
• Therefore, any Indian territory can be transferred to a foreign State only by amending the Constitution under Article 368.
• Amendment: The Berubari Union territory located in West Bengal was transferred to Pakistan under the Indo-Pakistan Agreement (1958).

Tenth Constitutional Amendment Act, 1961:

• Dadra and Nagar Haveli were integrated into the Indian Union.

Twelfth Constitutional Amendment Act:

• Goa, Daman and Diu were included in the Indian Union.

Thirteenth Constitutional Amendment Act, 1962:

• Nagaland was granted the status of a State and special provisions were made for it.

Fourteenth Constitutional Amendment Act, 1962:

• Puducherry was included in the Indian Union.

Eighteenth Constitutional Amendment Act, 1966:

• The interpretation of the States Reorganisation Act, 1956 and certain amendments related to it was expressly recognised under the Constitution.

Thirty-fifth Constitutional Amendment Act, 1974:

• The status of Sikkim as a protected State was abolished and Sikkim was given the status of an “Associate State” of India.

Thirty-sixth Constitutional Amendment Act, 1975:

• Sikkim was made a full-fledged State of the Indian Union and the Tenth Schedule was repealed.

Sixty-ninth Constitutional Amendment Act, 1991:

• The Union Territory of Delhi was given a special status and designated as the “National Capital Territory of Delhi.”
• Provision was made for a 70-member Legislative Assembly and a 7-member Council of Ministers for Delhi.
• It also provides for a Council of Ministers for Delhi, in which the total number of Ministers shall not exceed 10 per cent of the total number of members of the Legislative Assembly (i.e., 7 members).
• By this amendment, two new Articles, 239AA and 239AB, were inserted in the Constitution, under which special status was conferred on the Union Territory of Delhi.
  • Article 239AA: The Union Territory of Delhi was designated as the “National Capital Territory of Delhi” and its administrator was designated as the Lieutenant Governor.
  • Article 239AB: The President may suspend the operation of any provision of Article 239AA or of any law made in pursuance thereof. This provision is similar to Article 356 (President’s Rule).

100th Constitutional Amendment Act, 2014:

• In pursuance of the 1974 Land Boundary Agreement between India and Bangladesh and its 2011 Protocol, certain territories were acquired by India and certain other territories were transferred to Bangladesh (exchange of enclaves and transfer of illegally occupied territories).
• For this purpose, provisions relating to the territories of four States (Assam, West Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution were amended.
• Note: The Hundredth Constitutional Amendment Act, 2015 was enacted to enable India to acquire certain territories and to transfer certain other territories to Bangladesh, in accordance with the agreement concluded between the Governments of India and Bangladesh. Under this arrangement, India transferred 111 foreign enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to India.

Elections and delimitation

11th Amendment Act, 1961:

• Changes were made in the election process of the Vice President – ​​in this, instead of a joint meeting of both the Houses of Parliament, an electoral college was arranged.
• The election of the President or Vice-President cannot be challenged on the ground of vacancy in the appropriate electoral college.

31stAmendment Act, 1972:

• the number of seats in the Lok Sabhaincreased from 525 to 545It was done.

52nd Amendment Act, 1985:

• Reason: To stop the politics of ‘defection’ and ‘Ram came and Ram went’.
• A provision was made to disqualify members of Parliament and Legislative Assemblies on the basis of defection and a new schedule (Tenth Schedule) was added for detailed information in this regard.
• If one-third (1/3) of the members of a party collectively leave the party and join another party or form a new party, they will be protected on the basis of “Split” and will not be disqualified.

61st Amendment Act, 1989:

• The voting age for Lok Sabha and Assembly elections was reduced from 21 years to 18 years.

84th Amendment Act 2001: 

• The ban on redrawing of seats in the Lok Sabha and State Legislative Assemblies was extended for the next 25 years (till 2026).

91st Amendment Act, 2003: 

• It was provided that the total number of ministers in the Union Council of Ministers, including the Prime Minister, should not exceed 15 per cent of the total number of members of the Lok Sabha and the total number of ministers in a state, including the Chief Minister, should not exceed 15 per cent of the total number of members of the Legislative Assembly of that state.
• However, along with this condition, it was also provided that the minimum number of ministers in any state, including the Chief Minister, should not be less than 12.
• The term of profit was defined.
• The provision of “no disqualification on split of 1/3rd members” was introduced under the 52nd Constitutional Amendment, 1985, which was removed by the 91st Amendment, 2003. Now, only if 2/3rd members merge with another party, they can escape disqualification.

104th Amendment Act, 2020:

• The age limit for SC and ST seats in the Lok Sabha and state legislative assemblies has been increased from 70 years to 80 years.
• The provision of reserved seats for the Anglo-Indian community in the Lok Sabha and State Legislative Assemblies has been removed.

106th Constitutional Amendment Act, 2023 (Women’s Reservation Act, 2023)

• Passed by the Lok Sabha-  September 20, 2023
• Passed by Rajya Sabha – September 21,
• Presidential approval –  September 28, 2023
• Effective date – Will come into effect after the next census and delimitation
• Objective: Reservation of one-third (33%) of seats for women in the Lok Sabha and State Legislative Assemblies.
• Background:
  • This bill has been introduced in Parliament several times before:
    • 1996: Introduced for the first time (Gita Mukherjee Committee)
    • Then in 1998, 2009, 2010, 2014 respectively
• Related Committees:
  • Committee on the Status of Women in India (1971)
  • Margaret Alva Committee (1987)
  • Gita Mukherjee Committee (1996)
  • Second Committee on the Status of Women (2013)
• Added paragraphs:
  1. Article 330A– 1/3 reservation for women in the Lok Sabha.
  2. Article 332A– 1/3 reservation for women in every state assembly.
  3. Article 239AA (as amended)– 1/3 reservation for women in Delhi Assembly.
  4. Article 334A (new)– This reservation will be effective after the next census and delimitation.
• Time period:The reservation will be for 15 years (extendable as per requirement).
• Rotation system:
  • Re-determination of reserved seats after each delimitation.
• History of women’s reservation1996 –
  • The HD Deve Gowda government introduced the 81st Amendment, but it was not passed.
  • \Atal Bihari Vajpayee Government – ​​Tried in 1998, 1999, 2002, 2004, did not succeed.
  • 2008 – Manmohan Singh government introduced the bill.
  • 2010 – It was passed by the Rajya Sabha but was not introduced in the Lok Sabha.
  • 2023 – The 106th Amendment was passed by the Narendra Modi government.

• Argument:
  • In favor of:
    • This amendment ensures women’s participation in political rights.
    • This is a historic step towards equality, gender justice and inclusive democracy.
    • Diversity and balance in decision-making
    • A major step towards ending discrimination in public life
• Against:
  • Census 2021 is not yet complete
  • There is no provision for reservation in the Rajya Sabha and Legislative Council.
  • Questions about women’s political independence (problems like sarpanch-patriarchism)

linguistic changes

21st Constitutional Amendment Act, 1967:

• Sindhi language was included as the 15th language in the Eighth Schedule.

58th Constitutional Amendment Act, 1987

• To give legal recognition to the authoritative text of the Indian Constitution in Hindi language.
• Article 394A was added.
  • Under which the Hindi translation of the Constitution of India was prepared and declared the official text.
  • This text is certified by the President.

71st Constitutional Amendment Act, 1992

• Konkani, Manipuri, and Nepali languages were included in the Eighth Schedule of the Constitution.
• Following this amendment, the total number of scheduled languages increased from 15 to 18.

92nd Amendment Act 2003:

• Four new languages ​​were added to the Eighth Schedule: Bodo, Dogri, Maithili, and Santhali. With this, the total number of constitutionally recognized languages ​​increased to 22.

Related to Commission

41st Constitutional Amendment Act, 1976:

• It increased the retirement age of the Chairman and members of the State Public Service Commission from 60 to 62 years.

65th Constitutional Amendment Act:

• As per the amendment to Article 338 of the Constitution, a National Commission for Scheduled Tribes and Scheduled Castes (Scheduled Castes and Scheduled Tribes Commission) was established.
• It consists of a Chairman, a Vice-Chairman and five additional members appointed by summons.
• Note : Earlier there was only one special officer, who was appointed to look after the interests of the Scheduled Castes and Tribes.

89th Amendment Act 2003:

• The National Commission for Scheduled Castes and Scheduled Tribes was divided into two parts-
  • National Commission for Scheduled Castes (Article 338)
  • National Commission for Scheduled Tribes [Article 338(A)]
  • Both the commissions have a chairman, a vice-chairman and three additional members.

102nd Constitutional Amendment Act, 2018

• The main objective of this amendment was to provide constitutional status to the National Commission for Backward Classes (NCBC) to ensure protection of the rights of the Socially and Educationally Backward Classes (SEBCs) and monitoring of their welfare measures.
• Constitutional status to the National Commission for Backward Classes (NCBC):
  • NCBC was established in 1993 as a statutory body.
  • By adding Article 338B it was made a constitutional body.
  • This commission investigates complaints related to SEBC, monitors welfare schemes for them and makes suggestions to the government.
• Why Article 342A is included:
  • The President was empowered to notify the list of SEBCs in various states and union territories.
  • The President does this after consultation with the Governor of the concerned state.
  • Any amendments or changes to this list would require legislation by Parliament. States no longer have the power to create their own independent SEBC lists.
• Amendment of Article 366:
  • A new definition of SEBC (Socially and Educationally Backward Classes) was added so that it could be clearly mentioned in the Constitution.

Reservation related

77th Amendment Act 1995: 

• In the decision of Indira Sawhney vs Union of India (1992), the Supreme Court had clarified that reservation in promotion is not permissible.
  • The 77th Constitutional Amendment Act, 1995 was passed to nullify the effect of this decision and provide reservation in promotion to Scheduled Castes and Scheduled Tribes.
• Under this amendment, Article 16(4A) was added, which empowers the state to provide reservation in promotion to SC/ST employees.

81st Amendment Act 2000: 

• Thus, in this amendment, the 50% limit of reservation in backlog vacancies was abolished.

82nd Amendment Act 2000:

• In the context of reservation in promotion to the public services of the Centre and the States for Scheduled Castes and Scheduled Tribes, provision was made for relaxation in qualifying marks in the examination or relaxation in the standards of evaluation.

93rd Amendment Act, 2005:

• Reservation for socially and educationally backward classes in private unaided educational institutions under Article 15(5) of the Constitution.
• Note:This does not include educational institutions of minorities.

103rd Amendment Act 2019:

• For the first time in independent India, reservation was made for economically weaker sections.
• Articles 15 and 16 were amended by this.
• This amendment was brought to provide reservation to the economically weaker sections (EWS) in admission to educational institutions and government jobs.
• Article 15(6):
  • According to this section, the state can make special provisions for admission to educational institutions for economically weaker sections (not falling under the Scheduled Castes, Scheduled Tribes, and Other Backward Classes).
  • This also includes private educational institutions (government aided or unaided).
• Article 16(6):
  • According to this, the state can provide 10% reservation in government jobs for the EWS category.

105th Constitutional Amendment Act, 2021

• The main objective of this amendment was to restore the right of the states to identify Socially and Educationally Backward Classes (SEBC) at their own level.
• It was introduced to remove some of the limitations of the changes made in the 102nd Constitutional Amendment Act, 2018. After the 102nd Amendment, the power to make the list of SEBCs was vested only with the President and Parliament, which has now been restored to the states by the 105th Amendment.
• Article 338B → It was amended to clarify that NCBC will only handle matters relating to the Backward Classes list of the Central Government.
• Article 342A → It was amended to make it clear that state governments can prepare their own backward class list.
• Article 366(26C) → Amendment made the definition of SEBC more clear.

Fundamental Rights and Directive Principles of State Policy

First Amendment Act, 1951:

4th Amendment Act, 1955:

• The quantum of compensation to be paid in lieu of the unjustified seizure of private property was kept outside the scope of scrutiny by the courts.

16th Constitutional Amendment Act, 1963:

• Amendments to articles 19, 84 and 173.
• The condition of “maintaining the sovereignty and integrity of India” was added to the oath of office for constitutional posts (President, Vice President, Ministers, MPs, MLAs etc.).

24th Amendment Act, 1971:

• Through this amendment it became clear that the Parliament can amend any part of the Constitution including Article 13 by using Article 368, i.e. the Parliament was given the power to amend the fundamental rights.
  • It was made mandatory for the President to give his assent to these constitutional amendments.
  • This amendment act was brought after the Golaknath case (1967).
  • This amendment struck down the Golaknath case (1967). Parliament can amend any article of the Constitution, including the Fundamental Rights.

25thAmendment Act, 1971:

• Article 31C was added to the Constitution to define and regulate the relationship between the Directive Principles of State Policy and the Fundamental Rights
• This constitutional amendment clarified that a law made to carry out the provisions of the Directive Principles of State Policy falling under Article 39(b) or (c) cannot be challenged on the ground that it violates the fundamental rights guaranteed under Articles 14, 19 and 31.
• The fundamental right to property was curtailed.

26th Amendment Act, 1971:

• Privy purses and privileges given to the rulers of princely states were abolished.

42nd Constitutional Amendment Act, 1976

• It is called “Mini Constitution”.
• Passed by the Indira Gandhi government during the Emergency (1975–77).
• Amendments to the Preamble:Three new words were added: Socialist, Secular, National Integrity
• Fundamental Duties of Citizens:Part IV(A) was added. 10 Fundamental Duties were included in the Constitution (Article 51A). Based on the recommendations of the Swaran Singh Committee.
• Role of the President:
  • Before the 42nd Amendment, Article 74(1) stated that “The Council of Ministers headed by the Prime Minister shall aid and advise the President in the exercise of his duties”.
  • The 42nd Amendment of the Constitution of India (1976) made the advice binding.
  • The 44th Amendment (1978), however, added that the President may return the first advice for reconsideration. However, if the Council of Ministers sends the same advice back to the President, it must accept it.
• Administrative Tribunals: Part XIV (A) was added. Administrative tribunals were established at the central and state levels.
• Seats in the Lok Sabha and State Legislative Assemblies:The seats were frozen until 2001, based on the 1971 census.
• Constitutional Amendment and Judicial Review:Constitutional amendments were taken out of judicial review (amendment to Article 368).
• Curtailment of powers of SC and HC:The powers of judicial review and issuing writs were curtailed.
• Lok Sabha/Vidhan Sabha tenure:Tenure increased from 5 to 6 years (later reverted to 5 years by the 44th Amendment).
• Advantages of DPSP:It was provided that laws enacted to implement the Directive Principles of State Policy (DPSP) could not be invalidated on the grounds of violating fundamental rights. That is, the Directive Principles of State Policy were given primacy and supremacy over fundamental rights.
• Three new Directive Principles: 
  • Equal justice and free legal aid (Article 39A)
  • Participation of workers in the management of industries (Article 43A)
  • Protection of environment, forests, wildlife (Article 48A)
• National Emergency:
  • A provision was made to declare national emergency in any part of India.
• President’s Rule (Article 356):
  • The period of President’s rule in the state was increased from 6 months to 1 year.
• Subjects from State List to Concurrent List:
  • Five subjects were transferred:

1. Education 
   • (Education includes technical education, medical education and universities as well as vocational and technical training.)
2. Forest
3. Conservation of wild animals and birds
4. Measures and Weights
5. Constitution of subordinate courts and administration of justice (except SC/HC)

• Completion of quorum:
  • The requirement of quorum in Parliament and State Legislatures was abolished.

44th Constitutional Amendment Act, 1978

• Repealing certain undemocratic changes and restoring democracy
• This amendment was brought in by the Janata Party government (Prime Minister Morarji Desai) after the Emergency (1975–77).
• Tenure of the Lok Sabha and State Legislative Assemblies:The tenure was again made 5 years (earlier it was 6 years by the 42nd Amendment).
• Quorum system restored:The requirement of quorum for Parliament and State Legislatures was reintroduced.
• Publication of Parliamentary proceedings in newspapers:Constitutional protection given to the press – reporting of proceedings now constitutionally protected.
• Role of the President:The President was given the power to return the Cabinet’s advice once for reconsideration. If the Council of Ministers again gave the same advice, the President was bound to accept it.
• Article 352 was amended.
  • Earlier, the emergency was applicable to the whole of India, but after the 44th Amendment, if the President wishes, he can limit the national emergency to “any one State or Territory only”.
• Changes in the procedure for issuing ordinances:The provision of “personal satisfaction” of the President, Governor or Administrators was removed.
• Powers of courts restored:Some judicial review and writ issuing powers of SC and HC were restored.
• Declaration of National Emergency:The term “internal disturbance” was removed and replaced with “armed rebellion.” An emergency could now be declared only on the written recommendation of the cabinet.
• Right to Property:The right to property was removed from the fundamental rights and made a mere statutory right (Article 300A).
• Protection of Articles 20 and 21:Articles 20 (protection from punishment) and 21 (life and personal liberty) cannot be suspended even during a national emergency.
• Electoral judicial powers restored:The judiciary was again given the power to decide on election disputes of the President, Vice President, Prime Minister and Speaker.

86th Amendment Act 2002: 

• Article 21A – New Fundamental Right added:
  • It shall be the duty of the State to provide free and compulsory education to every child of the age of 6 to 14 years.
• Article 45 – Amendment of Directive Principles of State Policy:
  • Earlier, Article 45 dealt with the education of children between 0–14 years of age.
  • The subject matter of Article 45 of the Directive Principles of State Policy was changed.
  • Now it has been amended to provide that:
    • “Early care and education for children below the age of 6 years” will be provided by the state.

Relating to self-government

73rd Amendment Act 1992:

• Panchayati Raj institutions were given constitutional status and protection.
• For this, a new Part-IX named ‘Panchayat’ was added and the 11th Schedule was also added which had 29 subjects.

74th Amendment Act 1992:

• Urban local bodies were given constitutional status and protection.
• Under this, a new section was added, called Part IX (A), which was called the Municipality, and a new schedule, the 12th Schedule, was added, which included 18 subjects.

97th Amendment Act, 2011:

• Cooperative societies were given constitutional status and protection. The following three changes were made to the Constitution.
  1. The right to form a cooperative society was made a fundamental right (Article 19).
  2. To promote cooperative societies, they were included in the Directive Principles of State Policy.
  3. A new Part IX-B was added to the Constitution by the name of Co-operative Societies.

Connected with the judiciar

15th Constitutional Amendment Act, 1963:

• Article 217
  • It was amended to add that the age of a judge shall be determined by such authority and in such manner as Parliament may by law provide.

42nd Constitutional Amendment Act, 1976:

44th Constitutional Amendment Act, 1978:

99th Amendment Act, 2014:

• A new body, the National Judicial Appointment Commission (NJAC), was established in place of the collegium system for the appointment of judges in the Supreme Court and High Courts.
• However, in the year 2015, the Supreme Court declared this amendment unconstitutional and void and restored the collegium system.

Finance and Taxes 

80th Amendment 2000: 

• It was enacted to give effect to the recommendations of the 10th Finance Commission. The Commission recommended that 29 percent of the total revenue from certain central taxes and deductibles should go to the states. This was known as the “Alternative Scheme of Devaluation” and came into effect retroactively from April 1, 1996.

88th Constitutional Amendment: 

• A new Article 268-A was added to the Constitution, which deals with service tax.

101st Amendment Act, 2017:

• Goods and Services Tax (GST) was introduced.
• Articles 246A, 269A, 279A etc. were added to the Constitution.
  • Article 246A – Special provisions regarding Goods and Services Tax
  • Article 269A – Levy and collection of goods and services tax in the course of inter-State trade or commerce
  • Article 279A – Constitution of GST Council 
• To be done by the President within 60 days of the commencement of Article 279A.
• GST Council – This will be a joint forum of the Centre and the States, consisting of the following members
  • Chairman – Union Finance Minister
  • Member – Union Minister of State in charge of Revenue or Finance
  • Other members – Minister in charge of Finance or Taxation or any other Minister nominated by each State Government
• Changes were made to the Seventh Schedule, specifically removing some entries from the Union List which are now covered under GST.
• Entries deleted from the Union List:
  • Entry 92– “Sale or purchase tax (excluding taxes on property)”
  • Entry 92C– “Power to levy taxes on services
• Amendment of entry number 84 of the Union List –
  • The Central Government shall levy a duty of excise on the following goods manufactured or produced in India –
    1. Crude petroleum high speed diesel
    2. Motor Spirit
    3. Natural gas 
    4. Aviation turbine fuel
    5. Tobacco and tobacco products
• These goods were earlier in Entry No. 64 of the State List. Omitted.
• Note:The 101st Constitutional Amendment Act, 2016, which dealt with the Goods and Services Tax (GST), was passed under the Article 368 procedure—but it did not amend Article 368 itself.

129th Constitutional Amendment Bill (for one country, one election)

• What is the one country, one election system?
  • In India, one country-one election means that along with the elections to the lower house of Parliament i.e. Lok Sabha, assembly elections of all the states should also be held.
  • Along with this, elections should also be held for local bodies: municipal corporations, municipalities, town councils, and gram panchayats. The idea is that these elections could be held on the same day or within a fixed timeframe.
• High level committee constituted
  • On 2 September 2023, the Government of India issued a notification to constitute a high-level committee to examine the issue of holding simultaneous elections.
  • The committee was formed under the chairmanship of former President of India Ram Nath Kovind. Other members of the committee are:
  • Amit Shah, Union Home Minister
    1. Ghulam Nabi Azad, former Leader of the Opposition in the Rajya Sabha
    2. N.K. Singh, Chairman of the 15th Finance Commission
    3. Dr. Subhash C. Kashyap, former Secretary General, Lok Sabha
    4. Harish Salve, Senior Advocate, Supreme Court
    5. Sanjay Kothari, former Chief Vigilance Commissioner
    6. Arjun Ram Meghwal, Union Law Minister (Special Invitee)
• On 14 March 2024, former President Ram Nath Kovind submitted the 18,000-page final report prepared by the committee to the current President of India, Draupadi Murmu.
  • All elections were held simultaneously until 1967.
    • After independence, the country became a republic in 1950. Between 1951-52 and 1967, elections for the Lok Sabha and state assemblies were held every five years. These elections took place in 1952, 1957, 1962, and 1967.
    • Subsequently, some states were reorganized and new ones were created.
    • Furthermore, the Lok Sabha was also dissolved prematurely.
    • This broke the cycle of simultaneous elections, and since then, elections have been held separately.
  • Approval of states is not mandatory for holding simultaneous elections.
    • Approval of states is not mandatory for holding Lok Sabha and Assembly elections simultaneously.
    • The Ram Nath Kovind Committee report said that a Constitution Amendment Bill would be introduced to amend Articles 83 (Term of the Houses of Parliament) and Article 172 (Term of State Legislatures) to insert Article 82A. This bill would not require the support of the states.
  • Union Minister Meghwal introduced two bills related to ‘One Nation, One Election’ in the Lok Sabha on December 17.
    • Constitution (129th Amendment) Bill for One Country, One Election
    • The Union Territory Laws (Amendment) Bill, 2024 was introduced, allowing assembly elections in Puducherry, Delhi, and Jammu and Kashmir to be held alongside the Lok Sabha elections.
    • The House voted to take up the bill for discussion. Electronic voting was the first in the new Parliament building. The bill received 263 votes in favor and 198 against.
    • 47 political parties submitted their views to the Ramnath Kovind Committee on “One Nation, One Election.” Of these, 32 parties supported it and 15 opposed it.
  • Through this amendment bill, changes are to be made in these three Acts –
    • The Government of Union Territories Act, 1963
    • The Government of the National Capital Territory of Delhi – 1991
    • The Jammu and Kashmir Reorganisation Act, 2019.
• Joint Parliamentary Committee (JPC)
  • A Joint Parliamentary Committee (JPC) has been constituted to deliberate on the Bill in detail.
  • The government has decided to increase the number of members of the Joint Parliamentary Committee (JPC) from 31 to 39.
  • Twenty-seven members of the committee are from the Lok Sabha and 12 are from the Rajya Sabha.
  • BJP MP from Rajasthan PP Chaudhary has been appointed as the chairman of the committee.
  • The joint committee comprises 39 members, including 16 from the BJP, five from the Congress, 22 from the ruling party, 15 from the opposition, and two from non-partisan parties.
• This is how the implementation will be
  • Recommendation to implement the system of simultaneous elections in two phases.
    • First step: Holding elections to the Lok Sabha and State Legislative Assemblies simultaneously.
    • Second step: Holding simultaneous elections to municipalities and panchayats within 100 days of the Lok Sabha and State Legislative Assembly elections.
  • Recommendation for a single electoral roll for all three levels of government.
  • In case of a hung House or a no-confidence motion or any such situation, fresh elections can be held to constitute a new Lok Sabha for the remaining term.
  • If fresh elections are held to the Legislative Assemblies, such new Legislative Assemblies shall continue till the end of the term of the Lok Sabha, provided they are not dissolved.
  • Note :
    • If the bill is passed, elections for all legislative assemblies could be held simultaneously with the Lok Sabha in 2034.
    • This would allow legislative assemblies to be held after the 2029 Lok Sabha elections for the remainder of the term until the 2034 Lok Sabha elections, so that the terms of all legislative assemblies expire in 2034 along with the Lok Sabha’s term, thus giving concrete shape to the concept of “One Nation, One Election.”

Constitutional bodies

These are the institutions that are mentioned in the Constitution of India and hence are considered independent and more powerful.

Institution	Article(s)
Election Commission of India	Article 324
Supreme Court of India	Articles 124–147
Comptroller and Auditor General of India	Articles 148–151
Union Public Service Commission (UPSC)	Articles 315–323
State Public Service Commission (SPSC)	Articles 315–323
Indian Finance Commission	Article 280
Goods and Services Tax Council (GSTC)	Article 279A
Attorney General of India	Article 76
Advocate General of the State	Article 165
National Commission for Scheduled Castes	Article 338
National Commission for Scheduled Tribes	Article 338A
National Commission for Backward Classes	Article 338B
Special Officer for Linguistic Minorities	Article 350B
Tribunals (Administrative / Others)	Article 323A / 323B

Non-Constitutional bodies

These institutions are not written into the country’s Constitution. Meaning, their creation requires the Central Government to pass a bill in Parliament. Therefore, such bodies are non-constitutional entities that are formed to fulfill a specific purpose.

Institution	Category / Nature
NITI Aayog	Executive Body (Replaced Planning Commission)
Reserve Bank of India	Statutory Body
National Human Rights Commission (NHRC)	Statutory Body
Lokpal and Lokayukta	Anti-corruption Authority
Securities and Exchange Board of India (SEBI)	Market Regulator
National Green Tribunal	Environmental Judicial Body
Central Bureau of Investigation (CBI)	Investigating Agency
National Investigation Agency (NIA)	Counter-terrorism Agency
Central Vigilance Commission (CVC)	Anti-corruption Watchdog
ISRO / DRDO	Scientific / Defence Research
NABARD	Rural Development Bank
Food Corporation of India (FCI)	Statutory Body
Competition Commission of India (CCI)	Market Competition Watchdog
Law Commission of India	Advisory Body
CSIR	Scientific Research
Financial Stability & Development Council	Financial Sector Regulatory
Central Zoo Authority	Wildlife Conservation
Land Ports Authority of India	Infrastructure Management