This MCQ module is based on: Major Amendments 1951-2021 & Significance
Major Amendments 1951-2021 & Significance
This assessment will be based on: Major Amendments 1951-2021 & Significance
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Chapter 9 · Constitution as a Living Document — Part 2: The Story Through Major Amendments
A Constitution lives or dies in the way it is amended. By 26 January 2024, India's Constitution had been amended 106 times in 74 years. That number sounds enormous — the United States has changed its Constitution only 27 times in 200 years — until you look at what Indian amendments did. Some were trivial corrections of ages and salaries. Others reshaped federalism (7th, 73rd, 74th), secured the right to education (86th), unified indirect taxes (101st GST), or attempted to rewrite the Constitution itself (42nd Emergency-era amendment, later reversed by the 44th). Part 2 walks through the most significant amendments and asks: what changed, and why?
9.9 Why So Many Amendments? — The Three Categories
The textbook classifies amendments? into three groups, depending on what they actually do. Holding this map in mind makes the long list manageable.
9.10 Amendments Per Decade — Visualising the Pace
Counting amendments by decade reveals the rhythm of Indian constitutional change. The first decade (1950s) saw a few important early amendments. The 1970s and 1980s saw the most. Even in the era of coalitions, amendments did not stop.
9.11 The Major Amendments — A Timeline
The full list of 106 amendments would fill a book. The textbook focuses on the ones that matter. Here is the timeline of those landmark amendments — the ones that changed how Indians live, vote, learn, govern themselves and pay taxes.
9.12 Early Amendments — The Foundation Years (1951–1971)
First Amendment, 1951 — Speech, Land & the Ninth Schedule
The very first amendment came barely a year after the Constitution had taken effect. It made three changes that set the tone for decades. First, it placed reasonable restrictions on the right to freedom of speech and expression? in the interests of public order, friendly relations with foreign States, and incitement to an offence. Second, to protect early land-reform laws from court challenges, it added the Ninth Schedule — a list of laws insulated from judicial review on the ground that they violated fundamental rights. Third, it inserted Articles 15(4) and 31A–31B to allow for special provisions for backward classes and to validate compulsory acquisition of property for public purposes.
Seventh Amendment, 1956 — Reorganising the States on Linguistic Lines
The 7th Amendment of 1956 carried out one of the most ambitious administrative restructurings in any modern democracy. Following the report of the States Reorganisation Commission, the existing categories of Part A, B, C and D States were abolished. India was reorganised into 14 States and 6 Union Territories on largely linguistic lines — Andhra Pradesh, Karnataka, Maharashtra and others were eventually carved out from this base. Federalism in India became, in practice, a federalism of language and culture. Notice: although this amendment changed the very map of India, the change was carried out under Procedure 1 (simple majority) because Articles 2 and 3 themselves use the words “by law”.
Twenty-Fourth Amendment, 1971 — Parliament's Power to Amend
By 1971, the question “can Parliament amend Fundamental Rights?” had become explosive. In Golak Nath (1967), the Supreme Court had said no. The 24th Amendment of 1971 was Parliament's reply: it explicitly inserted into Article 13 and Article 368 a clarification that Parliament has the power to amend any part of the Constitution, including Fundamental Rights. It also made the President's assent compulsory for amendment bills. This was the constitutional cliff-edge that would lead, two years later, to the Supreme Court's reply in Kesavananda Bharati (1973) — the basic structure doctrine, discussed in Part 3.
9.13 The Emergency-Era Amendments — The Most Controversial
The textbook is unsparing on this period. The 38th, 39th and 42nd Amendments — all made in the background of the internal Emergency declared in June 1975 — were “the most controversial amendments so far”. They sought to make basic changes in many crucial parts of the Constitution and were seen by opposition parties as attempts by the ruling party to subvert it.
Forty-Fourth Amendment, 1978 — The Restoration
The 1977 elections defeated the ruling Congress and brought the Janata Party to power. The new government considered it necessary to reconsider these controversial amendments. Through the 43rd and 44th Amendments, most of the changes effected by the 38th, 39th and 42nd Amendments were cancelled. The textbook notes: “the constitutional balance was restored by these amendments.” Three changes deserve special attention.
9.14 Consensus Amendments — Building a Modern Democracy (1985–2003)
From 1985 onwards, even during turbulent coalition years, an evolving consensus produced amendments that reshaped Indian democracy without serious controversy.
The 73rd and 74th Amendments are described as “path-breaking” because they did three things at once: created uniform local bodies, mandated regular elections, and reserved seats for women, SCs and STs. Read the textbook's claim:
- Notice the phrase “overall consensus” — political philosophy mattered more than party arithmetic.
- The 73rd-74th passed despite no single party having dominance — consensus around democratic deepening.
- This explains why the 2001–03 burst of 10 amendments occurred even under coalition rule: many were product of cross-party agreement.
9.15 The 21st-Century Amendments — New Issues, New Challenges
99th Amendment, 2014 — The NJAC and the Court's Reply
For decades the appointment of judges to the Supreme Court and High Courts had been governed by the “collegium system” — a self-regulating arrangement of senior judges. The 99th Amendment of 2014 created the National Judicial Appointments Commission (NJAC)? in its place — a six-member body including the Chief Justice, two senior judges, the Law Minister and two eminent persons. Within a year, in a 4-1 ruling in 2015, the Supreme Court struck down the 99th Amendment as a violation of the basic structure (judicial independence). The collegium system was restored. This is the only constitutional amendment in India's history to be entirely struck down by the judiciary — a striking demonstration of the basic structure doctrine.
101st Amendment, 2016 — The Goods and Services Tax (GST)
The 101st Amendment of 2016 introduced the Goods and Services Tax (GST)? — a single, unified, destination-based indirect tax that replaced a tangled web of central and State taxes (excise, service tax, VAT, octroi, entry tax, etc.). It created the GST Council, where the Centre and States together decide tax rates. Because it changed the way taxation power was distributed between Centre and States, it required the federal Procedure 3 (special majority + ratification by half of State legislatures) of Article 368.
103rd Amendment, 2019 — 10% EWS Reservation
The 103rd Amendment of 2019 introduced a 10% reservation in education and government jobs for “Economically Weaker Sections” (EWS?) among classes not already covered by SC, ST or OBC reservations. It amended Articles 15 and 16 of the Constitution. This was the first time reservation was provided on a purely economic criterion — rather than on the basis of social and educational backwardness. The Supreme Court upheld the amendment in 2022 (Janhit Abhiyan v. Union of India).
105th Amendment, 2021 — Restoring State Powers on SEBC
The 105th Amendment of 2021 clarified that States have the power to identify Socially and Educationally Backward Classes (SEBCs) for their own purposes — reversing the Supreme Court's 2021 ruling in Maratha Reservation that had read the 102nd Amendment of 2018 as transferring this power solely to the Centre. The 105th Amendment is a good example of Parliament responding to a judicial interpretation by clarifying its own intention.
Article 370 Abrogation, 2019 — Through Resolutions
In August 2019, the central government rendered Article 370 — which had given Jammu & Kashmir its special constitutional status — effectively inoperative. This was done not through a Constitution Amendment Act but through a Presidential Order (under Article 370 itself) followed by parliamentary resolutions. The Jammu and Kashmir Reorganisation Act, 2019 also bifurcated the State into two Union Territories (Jammu & Kashmir, and Ladakh). The Supreme Court upheld the abrogation in In re: Article 370 of the Constitution, December 2023. The episode shows how the Constitution can be reshaped through procedures that are not, strictly speaking, “amendments” under Article 368.
9.16 The Big Picture — A Master Table
| Amdt & Year | Subject | Significance |
|---|---|---|
| 1st · 1951 | Free speech limits; 9th Schedule; land reform | First test of amendment power; created the “immune list” for land laws |
| 7th · 1956 | State reorganisation on linguistic lines | Reshaped the federal map of India |
| 24th · 1971 | Parliament's power to amend Fundamental Rights | Parliament's reply to Golak Nath — led to Kesavananda |
| 38th · 1975 | Emergency proclamation immune from judicial review | Most criticised provision of Emergency-era amendments |
| 39th · 1975 | Election disputes of PM/President removed from courts | Direct response to Allahabad HC verdict |
| 42nd · 1976 | Mini-Constitution: added Socialist, Secular, Integrity to Preamble; Fundamental Duties; LS term 6 years; restricted judicial review | The most controversial — attempted basic-structure override |
| 44th · 1978 | Reversed 38th, 39th and 42nd; Right to Property → legal right (Article 300A) | Restored constitutional balance |
| 52nd · 1985 | Anti-Defection Law (Tenth Schedule) | First major consensus amendment of post-1984 era |
| 61st · 1989 | Voting age 21→18 | Brought youth into electorate |
| 73rd · 1992 | Panchayati Raj (Eleventh Schedule) | Constitutional status to rural local government |
| 74th · 1992 | Urban local bodies (Twelfth Schedule) | Constitutional status to municipalities |
| 86th · 2002 | Right to Education — Article 21A | Education made a fundamental right (6–14) |
| 91st · 2003 | Cap on Council of Ministers (15%); tightened anti-defection | Closed loopholes of the 1985 law |
| 99th · 2014 | NJAC for judicial appointments | Struck down by Supreme Court (2015) — basic structure violated |
| 101st · 2016 | Goods and Services Tax (GST) | Largest indirect tax reform; created GST Council |
| 103rd · 2019 | 10% EWS reservation | First reservation on purely economic criterion |
| 105th · 2021 | States empowered to identify SEBC | Reversed effect of Maratha ruling on 102nd Amendment |
The textbook asks: find out the amendments about the right to education (RTE) and the Goods and Services Tax (GST). What do you think is the importance of these amendments?
- RTE: identify the article it inserted, the age group it covers, and the kind of right it created (fundamental vs ordinary).
- GST: identify which procedure (under Article 368) was needed and why; what tax structure it replaced.
- Argue: why are RTE and GST treated as “consensus amendments” rather than “controversial” ones?
- RTE (86th, 2002): inserted Article 21A, making free and compulsory education a Fundamental Right for children aged 6–14 years. Importance: shifted education from a Directive Principle (Article 45) to a justiciable right; led to the RTE Act, 2009.
- GST (101st, 2016): required Procedure 3 because it altered the distribution of taxation powers between Centre and States. Importance: replaced excise, service tax, VAT, octroi etc. with one tax; created the GST Council where Centre and States vote together.
- Why consensus? Both addressed problems all parties wanted to fix — education access and tax fragmentation. Both were debated for years before passage. Both involved cross-party negotiation rather than ideological confrontation.
9.17 Pattern: What Story Do These Amendments Tell?
Looking at the timeline as a whole, three patterns stand out. First, the Constitution has expanded the rights of citizens over time — voting age was lowered, education became a right, local self-government was constitutionally protected, weaker sections gained reservation, and the right to property was repositioned to enable redistribution. Second, the Constitution has deepened federalism — from the linguistic reorganisation of 1956 to the Panchayati Raj of 1992 to the GST Council of 2016, the trend has been towards more, not less, decentralisation and shared decision-making. Third, the Constitution has held its core through the worst storms — the Emergency-era assault was reversed; the NJAC was struck down; the basic structure has survived. The very fact that we can list 106 amendments and still recognise the same Constitution is itself a measure of constitutional success.
Competency-Based Questions — Part 2
(A) Both A and R are true, and R is the correct explanation of A.
(B) Both A and R are true, but R is NOT the correct explanation of A.
(C) A is true, but R is false.
(D) A is false, but R is true.