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Polity, Governance and Current Affairs

Major Constitutional Amendments

Basic Structure Doctrine, Amendment Process, Major Changes

Paper III · Unit 1 Section 5 of 10 0 PYQs 23 min

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Major Constitutional Amendments

4.1 Amendments Affecting Fundamental Rights

Amendment Year Key Change
1st Amendment 1951 Added 9th Schedule (land reform laws immune from FR challenge); restricted Article 19(1)(a) for public order/security
4th Amendment 1955 Enlarged state power to acquire property; land reform laws in 9th Schedule
24th Amendment 1971 Parliament explicitly empowered to amend any provision of Constitution including FR (Article 368 amended)
25th Amendment 1971 Article 31C — DPSP 39(b)(c) override Articles 14, 19, 31 in land reform laws
44th Amendment 1978 Right to Property removed from Part III → Article 300A; restored judicial review
86th Amendment 2002 Article 21A — Right to Education (6–14 years) made fundamental right
93rd Amendment 2005 Article 15(5) — OBC reservation in educational institutions including private unaided institutions
97th Amendment 2011 Article 43B — right to form cooperative societies; Part IXB on cooperative societies
103rd Amendment 2019 Articles 15(6), 16(6) — 10% EWS reservation in education and employment

4.2 Structural Amendments — Parliament, Federalism, Elections

Amendment Year Key Change
7th Amendment 1956 States reorganised on linguistic basis; four-tier classification replaced by two (States + Union Territories)
42nd Amendment 1976 Mini-Constitution: Preamble (Socialist, Secular); Fundamental Duties (Art 51A); shifted 5 subjects to Concurrent list; Art 31D anti-national activities; curtailed High Court jurisdiction in election matters
52nd Amendment 1985 Anti-defection law — 10th Schedule added; disqualification for defection from political party
61st Amendment 1989 Voting age lowered from 21 to 18 years (Article 326)
73rd Amendment 1992 Panchayati Raj constitutionalised — Part IX, 11th Schedule (29 functions), State Election Commission, State Finance Commission
74th Amendment 1992 Urban Local Bodies — Part IXA, 12th Schedule (18 functions), Municipalities, District Planning Committees
91st Amendment 2003 Council of Ministers limited to 15% of Lok Sabha (or 12 members whichever is greater); defection law tightened
100th Amendment 2015 Exchange of territories with Bangladesh under Land Boundary Agreement
101st Amendment 2016 GST — Article 246A, 279A (GST Council), 269A (inter-state trade levy)
104th Amendment 2019–20 Extended reservation for SC/ST in Lok Sabha and state assemblies (25 years to 2030); ended Anglo-Indian nominated seats

4.3 Judicial and Emergency-Related Amendments

Amendment Year Key Change
26th Amendment 1971 Abolished privy purses and privileges of former rulers
39th Amendment 1975 President, VP, PM, Lok Sabha Speaker elections placed outside judicial review (struck down — Indira Gandhi case)
44th Amendment 1978 'Internal disturbance' replaced by 'armed rebellion' as ground for national emergency (Article 352); Cabinet must advise President in writing for emergency proclamation
99th Amendment 2014 National Judicial Appointments Commission (NJAC) — struck down 2015