The Constitution of India is a dynamic document that can be amended to address evolving societal needs. As of January 2025, there have been 106 amendments to the Constitution. These amendments reflect changes in governance and rights within India.
Constitutional Amendment Process
The process for amending the Constitution is outlined in Article 368. Amendments can be initiated in either house of Parliament. The bill must be passed by a Special Majority, which requires more than 50% of the total membership and two-thirds of those present and voting. Some amendments also require ratification by half of the state legislatures.
Types of Amendments
There are three primary types of amendments:
- Simple Majority: Changes can be made with a simple majority of those present and voting.
- Special Majority: Requires a majority of the total membership and two-thirds of those present.
- Special Majority with State Ratification: Necessary for amendments affecting the federal structure, requiring consent from half of the state legislatures.
Basic Structure Doctrine
The Basic Structure Doctrine asserts that certain fundamental features of the Constitution cannot be altered or destroyed by amendments. This principle emerged from the Supreme Court’s ruling in the Kesavananda Bharati case (1973). It acts as a safeguard against arbitrary changes.
Significant Amendments
The following are notable amendments that have shaped the Constitution of India:
1st Amendment Act, 1951
– Introduced the Ninth Schedule to protect certain laws from judicial review. – Empowered states to make special provisions for backward classes.
24th Amendment Act, 1971
– Affirmed Parliament’s power to amend any part of the Constitution. – Made presidential assent compulsory for Constitutional Amendment Bills.
42nd Amendment Act, 1976
– Known as the “Mini-Constitution,” it added the words “socialist,” “secular,” and “integrity” to the Preamble. – Introduced Fundamental Duties for citizens.
44th Amendment Act, 1978
– Replaced “internal disturbance” with “armed rebellion” regarding national emergencies. – Made the right to property a legal right instead of a fundamental right.
61st Amendment Act, 1988
– Lowered the voting age from 21 to 18 years for Lok Sabha and Assembly elections.
73rd and 74th Amendment Acts, 1992
– Granted constitutional status to Panchayati Raj institutions and urban local bodies. – Established a three-tier system for local governance.
86th Amendment Act, 2002
– Made elementary education a fundamental right for children aged 6 to 14 years.
101st Amendment Act, 2016
– Introduced the Goods and Services Tax (GST) to unify indirect taxation.
106th Amendment Act, 2023
– Reserved one-third of the seats for women in Lok Sabha and State Legislative Assemblies.
Criticism of the Amendment Procedure
The amendment process has faced criticism for several reasons:
- Lack of a special body for constitutional amendments.
- Parliament holds power without sufficient checks.
- Absence of a joint sitting provision can lead to deadlock.
