The Indian Constitution is the longest written constitution in the world, comprising of nearly 1,45,000 words. The Indian Constitution is a unique blend of unitary and federal features. It came into force on 26th of January, 1950, the Indian Constitution originally consisted of 395 Articles and 08 Schedules. Whereas, speaking of today, the Indian Constitution consists of 395 Articles, 12 Schedules, 22 Parts and 105 Amendments.
There are three types of amendments to the Constitution of India of which second and third type of amendments are governed by Article 368.
- The first type of amendments includes that can be passed by “simple majority” in each house of the Parliament of India.
- The second type of amendments includes that can be effected by the parliament by a prescribed “special majority” in each house; and
- The third type of amendments includes those that require, in addition to such “special majority” in each house of the parliament, ratification by at least one half of the State Legislatures.
1st Amendment Act, 1951
The 1st Amendment Act, 1951, added special provision for the advancement of any socially and educationally backward classes or for the Scheduled Castes and Scheduled Tribes (SCs and STs) to fully secure the constitutional validity of zamindari abolition laws and to place reasonable restriction on freedom of speech. A new constitutional device, called Schedule 9 introduced to protect against laws that are contrary to the constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law. It added 9th schedule to the Constitution of India.
2nd Amendment Act, 1952
The 2nd Amendment Act, 195 removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b) and added the provision that a single member of the Lok Sabha could represent atleast 7,50,000 members of a single constituency.
42nd Amendment Act, 1976
The 42nd Amendment Act, 1976 is also known as the ‘Mini Constitution of India.’ This amendment was passed during internal emergency by Indira Gandhi. It provides for curtailment of fundamental rights, imposes fundamental duties on citizens and changes to the basic structure of the constitution by making India a “Sovereign Socialist Secular Democratic Republic”. However, the Supreme Court, in Minerva Mills v. Union of India, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution. It amended Articles 31, 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102, 103, 105, 118, 145, 150, 166, 170, 172, 189, 191, 192, 194, 208, 217, 225, 226, 227, 228, 311, 312, 330, 352, 353, 356, 357, 358, 359, 366, 368 and 371Fand inserted Articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A and insert parts 4A and 14A and amended schedule 7 too of the Indian Constitution. Moreover, it also gave recommendations regarding the ‘Swarn Singh Committee.’
52nd Amendment Act, 1985
Known as the Anti Defection Law, the 52nd Amendment Act, 1085 provides for disqualification of members from parliament and assembly in case of defection from one party to other. However, parts of the 10th Schedule to the Constitution of India was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of the Constitution.
61st Amendment Act, 1991
The 61st Amendment Act of 1991 reduced age for voting rights from 21 to 18 thereby amending Article 326 of the Indian Constitution.
65th Amendment Act, 1992
National Commission for Scheduled Castes and Scheduled Tribes formed and its statutory powers specified in The Constitution by virtue of the 65th Amendment Act, 1992.
80th Amendment Act, 2000
The 80th Amendment Act, 2000of the Indian Constitution implemented Tenth Finance Commission recommendation to simplify the tax structures by pooling and sharing all taxes between states and the center. It amended Articles 269 and 270 and removed Article 272 from the Constitution of India.
85th Amendment Act, 2002
The 85th Amendment Act, 2002 was introduced for a technical amendment to protect Consequential seniority in case of promotions of SCs and STs Employees and thereby made changes in Article 16 of the Constitution of India.
86th Amendment Act, 2002
This amendment provides Right to Education until the age of fourteen and amended Articles 45 and 51A and inserted Article 21A in the Constitution of India.
91st Amendment Act, 2004
The 91st Amendment Act, 2004 restricted the size of council of ministers to 15% of legislative members and strengthened the Anti Defection laws. The 91st Amendment Act, 2004 provided for the amendment of Articles 75 and 164, inserted Article 361B and amended 10th schedule of the Indian Constitution.
93rd Amendment Act, 2006
The 93rd Amendment Act, 2006 amended Article 15 of the Indian Constitution and enabled the provision of reservation (27%) for Other Backward Classes (OBCs) in government as well as private educational institutions.
101st Amendment Act, 2016
The 101st Amendment Act, 2016 introduced the Goods and Services Tax. It amended the Articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368, Sixth Schedule and Seventh Schedule and also added Articles 246A, 269A, 279A and removed the Article 268A from the Constitution of India.
102nd Amendment Act, 2018
The 102nd Amendment Act, 2018 of the Constitution of India provided for the constitutional status to National Commission for Backward Classes (NCBC) and addition of articles 338B, 342A, and Added Clause 26C in the Indian Constitution. Moreover this amendment act also modified Articles 338 and 366 of the Constitution of India.
103rd Amendment Act, 2019
In the 103rd Amendment Act, 2019 of the Indian Constitution a maximum of 10% Reservation for Economically Weaker Sections (EWSs) of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. This Amendment Act also inserted Clause [6] under Article 15 as well as Inserted Clause [6] under Article 16 in the Constitution of India.
104th Amendment Act, 2021
This Amendment Act was introduced to extend the reservation of seats for SCs and STs in the Lok Sabha and States Assemblies from Seventy years to Eighty years and removed the two reserved seats for the Anglo-Indian community in the Lok Sabha and state assemblies by not extending it further. This act provided for the amendment of Article 334 of the Constitution of India.
105th Amendment Act, 2022
The 105th Amendment Act was introduced to restore the power of the state governments to identify Other Backward Classes (OBCs) that are socially and educationally backward. This amendment annulled the Supreme Court judgment of 11 May 2021, which had empowered only the Central government for such identification. This Act amended Articles 338B, 342A and 366 of the Constitution of India.
Author – Anushka Singhal
B.A L.L.B (IV YEAR), AGRA COLLEGE, DR BHIMRAO AMBEDKAR UNIVERSITY, AGRA, UTTAR PRADESH