Important Constitutional Amendments — TNPSC Group 1 Notes

The Amendment Process (Article 368)

Three Categories of Amendments

Type 1 — Simple Majority (NOT under Art 368 technically):

• Admission/formation of new states
• Alteration of state boundaries/names
• Citizenship rules
• Second Schedule (salaries of President, Governors, judges)
• Quorum in Parliament
• Voting in Parliament

Type 2 — Special Majority Only:

• 2/3 of members present and voting AND
• Majority of total membership of each House
• Applies to: Most constitutional provisions — Fundamental Rights, Directive Principles, Parliament structure, Supreme Court

Type 3 — Special Majority + State Ratification:

• Special majority + ratification by at least half of State Legislatures
• Applies to: Federal provisions — Election of President, extent of executive/legislative power of Centre/States, Supreme Court/High Court, representation of states in Parliament, Article 368 itself

Basic Structure Doctrine

Kesavananda Bharati v. State of Kerala (1973):

• 13-judge bench; 7:6 majority
• Parliament cannot amend the basic structure of the Constitution
• Basic structure includes: Supremacy of Constitution, Democratic form of government, Secular character, Separation of powers, Federal character, Judicial review, Rule of law, Fundamental Rights (essential core), Parliamentary democracy, Unity and integrity of India

Minerva Mills case (1980): Reinforced Basic Structure — 42nd Amendment's clauses making DPSPs override FRs were struck down.

Constitutional Amendments — Chronological

1st Amendment (1951)

• Saved land reform and zamindari abolition laws from Fundamental Rights challenge
• Added 9th Schedule — laws placed in 9th Schedule cannot be challenged in court for violating FRs
• Added reasonable restrictions to freedom of speech for public order, incitement to offence

7th Amendment (1956)

• Reorganisation of States on linguistic basis (States Reorganisation Commission)
• Abolished Part A, B, C, D state classification — created States and Union Territories

24th Amendment (1971)

• Parliament can amend Fundamental Rights (overruled Golak Nath case 1967)
• Made it mandatory for President to give assent to constitutional amendments

25th Amendment (1971)

• Compensation for property acquisition — courts cannot question adequacy
• Art 31C: Laws implementing certain DPSPs cannot be challenged as violating Art 14/19

42nd Amendment (1976) — "Mini Constitution"

44th Amendment (1978) — Janata Party's Reversal

• Restored changes undone from 42nd Amendment:
• Restored judicial review
• Extended Lok Sabha/Assembly term back to 5 years
• Right to Property removed from Fundamental Rights → ordinary legal right (Art 300A)
• Restored original Art 352 — Emergency needs Cabinet resolution in writing
• Personal liberty protections (Art 22) restored

52nd Amendment (1985) — Anti-Defection Law

• Added 10th Schedule — disqualification of members for defection
• A member disqualified if: voluntarily gives up party membership, votes contrary to party whip, abstains from voting against whip
• Decision by Speaker/Chairman — but this can be challenged in court (Kihoto Hollohan case)
• Exception: Merger — 2/3 of party members join another party → not defection
• No exemption for independent members — if they join any party, disqualified

61st Amendment (1989)

• Voting age lowered from 21 to 18 years

69th Amendment (1991)

• Special status to Delhi as National Capital Territory (NCTD)
• Legislative Assembly and Council of Ministers for Delhi
• But Lt. Governor has special powers — ongoing Centre-Delhi conflict

73rd Amendment (1992) — Panchayati Raj

• Constitutional status to Panchayati Raj Institutions
• Added Part IX (Art 243–243O) and 11th Schedule (29 subjects)
• 3-tier structure mandatory (for states with population > 20 lakh)
• 1/3 reservation for women (and Chairperson positions)
• SC/ST reservation proportional to population
• 5-year term; State Election Commission for elections
• State Finance Commission for financial review
• Gram Sabha: Village-level body with direct democracy

74th Amendment (1992) — Urban Local Bodies

• Constitutional status to Urban Local Bodies (ULBs)
• Added Part IXA (Art 243P–243ZG) and 12th Schedule (18 subjects)
• Types: Nagar Panchayat (transitional), Municipal Council, Municipal Corporation
• Same protections as 73rd — 1/3 women reservation, SC/ST, SECs

86th Amendment (2002) — Right to Education

• Added Article 21A — Right to Education as Fundamental Right
• Free and compulsory education to children 6–14 years
• Changed Art 45 (DPSP) — early childhood care and education for children below 6
• Added Fundamental Duty — parent/guardian to provide opportunity for education
• RTE Act 2009 implemented this amendment

91st Amendment (2003)

• Council of Ministers: Maximum size = 15% of total strength of House
• At Centre: Not more than 15% of Lok Sabha strength
• In States: Not more than 15% of State Legislative Assembly
• Minimum: 12 ministers even in small houses
• Anti-defection: Members disqualified for defection cannot be ministers

93rd Amendment (2005)

• Enabled OBC reservation in private unaided educational institutions (along with existing SC/ST)
• Added Art 15(5) — state can make special provisions for SC/ST/OBC in private aided or unaided educational institutions (except minority institutions)

97th Amendment (2011)

• Added right to form and manage cooperative societies as Fundamental Right (Art 19(1)(c))
• Added Art 43B — DPSP: State to promote cooperative societies
• Added Part IXB — new provisions for cooperative societies

100th Amendment (2015)

• India-Bangladesh Land Boundary Agreement — exchange of enclaves
• 162 enclaves exchanged; resolved 68-year old border dispute

101st Amendment (2016) — GST

• Created constitutional framework for Goods and Services Tax
• Added Art 246A — Parliament and State Legislatures have concurrent power to levy GST
• Added Art 269A — IGST on inter-state supply assigned to Centre; distributed
• Added Art 279A — GST Council (constitutional body)
• Came into effect July 1, 2017

102nd Amendment (2018)

• Constitutional status to National Commission for Backward Classes (NCBC)
• Added Arts 338B and 342A
• President, in consultation with Governor, specifies OBC list for each state

103rd Amendment (2019) — EWS Reservation

• 10% reservation for Economically Weaker Sections (EWS)
• Added Art 15(6) and Art 16(6)
• EWS: Family income < ₹8 lakh/year AND not covered under existing SC/ST/OBC reservations
• Raises total reservation ceiling to 59.5%
• Supreme Court (Janhit Abhiyan, 2022): Upheld validity by 3:2 majority

104th Amendment (2020)

• Extended reservation for SC and ST in Lok Sabha and State Assemblies by 10 more years (from 2020 to 2030)
• Removed Anglo-Indian representation (it was 2 nominated Lok Sabha seats) — found outdated

105th Amendment (2021)

• States can identify OBC communities and prepare their own OBC lists for state purposes
• Overruled 2021 Supreme Court judgement in Maratha reservation case
• States no longer need Presidential concurrence to specify OBCs for state government jobs and educational institutions

Schedules of the Constitution

Board Exam Tips

• Article 368: Amendment procedure; 3 types (simple / special / special + state ratification)
• Basic Structure (Kesavananda Bharati 1973): Cannot amend; includes democracy, federalism, judicial review
• 42nd Amendment (1976 — Emergency): Added 'Socialist', 'Secular', 'Integrity'; DPSPs over FRs
• 44th Amendment (1978 — Janata): Restored judicial review; property right = ordinary legal right
• 52nd Amendment (1985): Anti-defection — 10th Schedule
• 61st Amendment (1989): Voting age 21 → 18
• 73rd (1992): Panchayati Raj — 11th Schedule (29 subjects); 1/3 women reservation
• 74th (1992): Urban Local Bodies — 12th Schedule (18 subjects)
• 86th (2002): Art 21A — Right to Education (6–14 years); RTE Act 2009
• 91st (2003): Council of Ministers ≤ 15% of House strength
• 101st (2016): GST — Art 246A, 269A, 279A; GST Council
• 103rd (2019): 10% EWS reservation — Art 15(6), 16(6)
• 104th (2020): SC/ST reservation extended by 10 years; Anglo-Indian seats removed
• 105th (2021): States can identify OBCs for state lists independently