Overview
The Indian Constitution has been amended many times since 1950. These amendments reflect changing social, economic, and political realities. Separately, the Constitution provides for Emergency powers — extraordinary provisions to handle national crises. TNPSC Group 4 frequently tests key amendments and emergency articles.
Amendment Procedure (Article 368)
Types of Amendment
| Type | Requirement | Examples |
|---|---|---|
| Simple majority | More than 50% of members present and voting | Admission of new states, creation of new legislatures |
| Special majority | 2/3rd of members present & voting + majority of total membership in each House | Most constitutional amendments |
| Special majority + State ratification | Special majority + ratification by at least half State Legislatures | Federal provisions — election of President, judiciary, distribution of powers |
Key Constitutional Amendments
| Amendment | Year | Key Change |
|---|---|---|
| 1st | 1951 | Added 9th Schedule (land reforms protected from courts); Articles 15(4) for socially backward classes |
| 7th | 1956 | Reorganization of states on linguistic basis |
| 24th | 1971 | Parliament can amend Fundamental Rights |
| 25th | 1971 | DPSPs can override Art. 14, 19, 31 |
| 42nd | 1976 | "Mini Constitution" — Socialist + Secular in Preamble; Fundamental Duties; restricted judicial review |
| 44th | 1978 | Reversed 42nd; Right to Property → legal right; restored Lok Sabha 5-year term |
| 52nd | 1985 | Added 10th Schedule — Anti-Defection Law |
| 61st | 1988 | Voting age: 21 → 18 years |
| 69th | 1991 | Delhi given special status as NCT |
| 73rd | 1992 | Panchayati Raj — constitutional status; 11th Schedule |
| 74th | 1992 | Urban Local Bodies — constitutional status; 12th Schedule |
| 86th | 2002 | Right to Education — Article 21A; free education for 6–14 years |
| 91st | 2003 | Council of Ministers: size capped at 15% of Lok Sabha/Assembly strength |
| 93rd | 2005 | Reservation in private unaided educational institutions for OBC |
| 100th | 2015 | Land Boundary Agreement with Bangladesh |
| 101st | 2016 | Goods and Services Tax (GST) — Article 246A |
| 102nd | 2018 | Constitutional status to National Commission for Backward Classes |
| 103rd | 2019 | 10% EWS (Economically Weaker Sections) reservation — Article 15(6), 16(6) |
| 104th | 2019 | Extended SC/ST reservation in Lok Sabha and state assemblies by 10 years; removed Anglo-Indian nominated seats |
Emergency Provisions
1. National Emergency — Article 352
| Feature | Detail |
|---|---|
| Grounds | War, External Aggression, or Armed Rebellion (earlier: "Internal Disturbance" — changed by 44th Amendment) |
| Proclaimed by | President on written advice of Cabinet |
| Approval | By Parliament within 1 month; Special majority (2/3rd present + majority of total) |
| Duration | 6 months at a time; can be extended indefinitely |
| Effect | Centre can legislate on State List; FR under Art. 19 suspended; President can modify financial provisions |
National Emergencies in India:
- 1962 — China War (first)
- 1971 — Pakistan War
- 1975–1977 — Internal Disturbance (the "Emergency" under Indira Gandhi)
Effect on Fundamental Rights during Emergency:
- Art. 19 (freedoms) can be suspended
- Art. 20 and 21 (conviction protections, right to life) CANNOT be suspended
2. President's Rule — Article 356 (State Emergency)
| Feature | Detail |
|---|---|
| Grounds | Governor reports that governance in state cannot be carried out constitutionally |
| Proclaimed by | President |
| Approval | Parliament within 2 months (simple majority) |
| Duration | 6 months at a time; maximum 3 years (with conditions) |
| Effect | State government dismissed; Governor administers; State legislature dissolved or kept in suspended animation |
44th Amendment protections on Article 356:
- President must receive written recommendation from Cabinet before proclaiming
- SC in S.R. Bommai case (1994) ruled that the President's action under Art. 356 is subject to judicial review
3. Financial Emergency — Article 360
| Feature | Detail |
|---|---|
| Grounds | Financial stability or credit of India is threatened |
| Proclamation | By President |
| Approval | Parliament within 2 months |
| Effect | President can direct reduction of salaries of all government officials including judges |
Never been proclaimed in India till date.
Anti-Defection Law (10th Schedule — 52nd Amendment, 1985)
- A member of Parliament or State Legislature is disqualified if:
- Voluntarily gives up membership of the political party on whose ticket elected
- Votes against party direction (whip) without prior permission
- Exception: Merger of at least 2/3rd of a party's legislators with another party is allowed
- Speaker/Chairman decides disqualification (but this decision is subject to judicial review)
- Purpose: Prevent "floor crossing" / "aaya ram gaya ram" politics
Important for Exam - 42nd Amendment 1976 = Mini Constitution; added Socialist, Secular, Fundamental Duties - 44th Amendment 1978 = Reversed 42nd; Right to Property → legal right - 61st Amendment 1988 = voting age 21 → 18 years - 73rd/74th Amendments 1992 = Panchayati Raj + Urban Local Bodies - 86th Amendment 2002 = Right to Education (Article 21A) - 101st Amendment 2016 = GST - Art. 352 = National Emergency (war/aggression/armed rebellion) - Art. 356 = President's Rule; approved by Parliament within 2 months - Art. 360 = Financial Emergency (never proclaimed) - Anti-Defection Law = 10th Schedule (52nd Amendment 1985)
Previous Year TNPSC Questions
Click an option to reveal the answer and explanation.
Q1
Which is known as the "Mini Constitution" due to the sweeping changes it made?
Q2
National Emergency under Article 352 can be proclaimed on the ground of:
Q3
The Anti-Defection Law is contained in which Schedule of the Constitution?
Q4
Which Amendment gave constitutional status to GST in India?
Q5
Financial Emergency under Article 360 has been proclaimed:
Q6
The 86th Constitutional Amendment (2002) added which right?