Constitutional Amendments and Emergency Provisions — TNPSC Group II/IIA Polity
Overview
Article 368 governs how the Constitution can be amended. The Emergency provisions (Articles 352, 356, 360) allow the Centre to assume extraordinary powers in crises. For TNPSC Group 2/2A, memorise the major amendments, their effects, and the three types of Emergency with their conditions and safeguards.
Article 368 — Amendment Procedure
Three Types of Amendment
| Type | Procedure | Examples |
|---|---|---|
| Simple majority | Ordinary majority in both houses; President's assent | Article 2 (admission of new states), 2nd Schedule, abolition of Legislative Councils |
| Special majority | 2/3rd of members present and voting + majority of total membership; both houses separately | Most constitutional amendments |
| Special majority + State ratification | Above + ratification by at least 1/2 of state legislatures | Articles related to federalism, judiciary, elections |
Articles Requiring State Ratification
- Election of President (Article 54–55)
- Extent of executive power of Union/States
- SC/HC provisions
- Distribution of legislative powers (Lists)
- Representation of states in Parliament
- Article 368 itself
Major Constitutional Amendments
1st Amendment (1951)
- Added 9th Schedule — protected land reform laws from judicial review
- Added reasonable restrictions on Article 19 (freedom of speech)
- Basis for reservations (Article 15(4) added)
7th Amendment (1956)
- Reorganised states on linguistic basis
- Abolished Class A, B, C, D categories of states
- Introduced concept of Union Territories
24th Amendment (1971)
- Parliament CAN amend Fundamental Rights (response to Golaknath case)
- Made it binding on President to give assent to Constitutional Amendment Bills
25th Amendment (1971)
- Limited judicial review for property rights
- Paved way for nationalisation of banks
42nd Amendment (1976) — "Mini Constitution"
| Change | Details |
|---|---|
| Preamble | Added "Socialist", "Secular", "Integrity" |
| Fundamental Duties | Added Article 51A (10 duties) |
| DPSP precedence | Some DPSPs given precedence over Articles 14, 19 |
| Judiciary | Curtailed judicial review powers |
| Duration of Parliament | Term extended from 5 to 6 years (later reverted) |
| President bound | President must act on Cabinet advice |
- Enacted during Emergency period under Indira Gandhi
- Most controversial amendment — many provisions later reversed by 44th Amendment
44th Amendment (1978)
| Change | Details |
|---|---|
| Right to Property | Removed from FR; became legal right under Article 300A |
| Emergency safeguards | Strengthened to prevent misuse; Article 352 changed "internal disturbance" to "armed rebellion" |
| Articles 20, 21 | Cannot be suspended even during Emergency |
| President's discretion | Can return Cabinet advice once for reconsideration |
| Duration of Parliament | Restored to 5 years |
52nd Amendment (1985)
- Added 10th Schedule — Anti-Defection Law
- Members disqualified if they voluntarily give up party membership or vote against party whip
- Presiding officer (Speaker/Chairman) decides disqualification
61st Amendment (1988)
- Reduced voting age from 21 to 18 years
- Universal adult franchise extended to youth
73rd Amendment (1992)
- Constitutional status to Panchayati Raj
- Added Articles 243–243O; 11th Schedule
74th Amendment (1992)
- Constitutional status to Urban Local Bodies
- Added Articles 243P–243ZG; 12th Schedule
86th Amendment (2002)
- Added Article 21A — Right to Education as Fundamental Right
- Free and compulsory education for children 6–14 years
- Added 11th Fundamental Duty — parents to provide education to children
91st Amendment (2003)
- Council of Ministers limited to 15% of House strength
- No 10th Schedule exemption for defecting members who become ministers
97th Amendment (2011)
- Gave constitutional status to co-operative societies (Article 43B added)
- Part IXB added — Right to form Cooperative Societies as a Fundamental Right
99th Amendment (2014) — Struck Down
- National Judicial Appointments Commission (NJAC) to replace collegium
- Supreme Court struck it down in 2015 as unconstitutional (violated independence of judiciary — Basic Structure)
101st Amendment (2016)
- Goods and Services Tax (GST) introduced
- Concurrent power to tax goods/services given to both Centre and States
- GST Council constituted (Article 279A)
- Came into force July 1, 2017
103rd Amendment (2019)
- 10% reservation for Economically Weaker Sections (EWS) — general category
- Separate from SC/ST/OBC reservations
- Added clauses to Articles 15 and 16
104th Amendment (2020)
- Ended reservation for Anglo-Indian community in Lok Sabha and State Assemblies
- Ended 70 years of nominated Anglo-Indian representation
Emergency Provisions
National Emergency (Article 352)
| Aspect | Details |
|---|---|
| Ground | War, external aggression, OR armed rebellion (changed from "internal disturbance" by 44th Amendment) |
| Proclaimed by | President (on written advice of Cabinet) |
| Parliamentary approval | Within 1 month by special majority (2/3rd present + majority of total) |
| Duration | Initially 6 months; renewed every 6 months |
| Revocation | By simple majority of Lok Sabha (special resolution) |
| Effect on FR | Article 19 suspended; Article 20/21 cannot be suspended |
Three National Emergencies in India:
| Year | Reason | PM |
|---|---|---|
| 1962 | Chinese aggression (Sino-Indian War) | Nehru |
| 1971 | Pakistani aggression (Bangladesh Liberation) | Indira Gandhi |
| 1975–1977 | "Internal disturbance" (controversial) | Indira Gandhi |
State Emergency / President's Rule (Article 356)
| Aspect | Details |
|---|---|
| Article | 356 |
| Ground | Failure of constitutional machinery in state |
| Proclaimed by | President (usually on Governor's report) |
| Parliamentary approval | Within 2 months (simple majority) |
| Duration | Maximum 3 years (6-month extensions) |
| Effect | Centre governs state; state legislature suspended or dissolved |
| Key case | S.R. Bommai v. Union of India (1994) — Floor test must be held; subject to judicial review |
Financial Emergency (Article 360)
| Aspect | Details |
|---|---|
| Ground | Financial stability or credit of India or any state threatened |
| Proclaimed by | President |
| Parliamentary approval | Within 2 months (simple majority) |
| Effect | Centre can reduce salaries of government officials including judges |
| Ever declared? | Never declared in India |
Comparison: Three Types of Emergency
| Feature | National (352) | State/President's Rule (356) | Financial (360) |
|---|---|---|---|
| Ground | War/aggression/armed rebellion | Constitutional failure in state | Financial instability |
| Approval | Special majority | Simple majority | Simple majority |
| Duration | 6 months (renewable) | 6 months (max 3 years) | 2 months (renewable) |
| Effect | Centre takes state powers; FR 19 suspended | Centre takes over state | Centre controls finances |
| Declared times | 3 times | Multiple times | Never |
Basic Structure Doctrine
The Supreme Court in Kesavananda Bharati v. State of Kerala (1973) held that Parliament cannot amend the basic structure of the Constitution.
Elements of Basic Structure (not exhaustive — courts decide):
- Supremacy of the Constitution
- Republican and democratic form of government
- Secular character of the Constitution
- Separation of powers
- Federal character
- Unity and integrity of India
- Judicial review
- Free and fair elections
- Independence of judiciary
- Rule of law
Key Facts for TNPSC Group II/IIA
- Article 368: Amendment procedure; three methods (simple, special, special + state ratification)
- 42nd Amendment (1976): Added Socialist, Secular to Preamble; Fundamental Duties; "Mini Constitution"
- 44th Amendment (1978): Removed Right to Property from FR; made Art 20 and 21 non-suspendable during Emergency
- 86th Amendment (2002): Article 21A — Right to Education (6–14 years) as Fundamental Right
- 101st Amendment (2016): GST; came into force July 1, 2017
- National Emergency (Art 352): War/external aggression/armed rebellion; declared 3 times
- President's Rule (Art 356): Failure of constitutional machinery; never declared in Tamil Nadu (though threatened once)
- Financial Emergency (Art 360): Never declared in India
- Kesavananda Bharati (1973): Basic Structure Doctrine — Parliament cannot destroy basic structure
- S.R. Bommai Case (1994): Floor test before dismissal of state government; Article 356 subject to judicial review
Previous Year MCQ Patterns
Q: The words "Socialist" and "Secular" were added to the Preamble of the Indian Constitution by which amendment? a) 40th Amendment b) 42nd Amendment c) 44th Amendment d) 52nd Amendment
Q: National Emergency in India has been declared how many times? a) Once b) Twice c) Three times d) Never
Q: The Basic Structure Doctrine was established by the Supreme Court in which case? a) Golaknath v. State of Punjab b) Kesavananda Bharati v. State of Kerala c) Maneka Gandhi v. Union of India d) Minerva Mills v. Union of India
Frequently Asked Questions
Three types of Emergency: (1) National Emergency (Article 352) — declared due to war, external aggression, or armed rebellion; (2) State Emergency / President's Rule (Article 356) — declared when state's constitutional machinery fails; (3) Financial Emergency (Article 360) — declared when financial stability of India or any state is threatened. Only National Emergency has been declared 3 times (1962, 1971, 1975).