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Amendments Notes


The Constitution of India is neither too rigid nor too flexible. The process of amendment (Article 368) ensures the Constitution evolves with changing needs while preserving its basic structure.


Constitutional Provisions for Amendment (Article 368)

  • Article 368 provides the procedure for amending the Constitution.
  • Three types of amendments:
    • By a simple majority of Parliament.
    • By a special majority of Parliament.
    • By a special majority of Parliament + ratification by states.
  • Amendments cannot violate the “Basic Structure” (Kesavananda Bharati Case, 1973).


Types of Constitutional Amendments

Type Articles Affected Procedure
By Simple Majority 5th & 6th Schedule, Citizenship Act, Parliament rules, etc. Passed by more than 50% of members present & voting.
By Special Majority Fundamental Rights, DPSPs, President’s election, etc. 2/3rd of members present & voting + 50% of total strength.
By Special Majority + State Ratification Federal structure (e.g., High Court powers, Election of President) 2/3rd majority in Parliament + 50% of states’ approval.

Example: GST Amendment (101st Amendment, 2016) required state ratification.



Landmark Constitutional Amendments

Amendment Year Key Provisions
1st Amendment 1951 Added restrictions on Fundamental Rights (Article 19), allowed reservation in education (Article 15(4)).
7th Amendment 1956 Reorganization of States on linguistic basis.
24th Amendment 1971 Gave Parliament power to amend Fundamental Rights (overruled Golaknath Case).
25th Amendment 1971 Curbed Right to Property (later removed as Fundamental Right in 44th Amendment).
42nd Amendment 1976 “Mini Constitution” – Added Socialist, Secular, Integrity in Preamble, made DPSPs superior to FRs, weakened Judiciary.
44th Amendment 1978 Reversed most of the 42nd Amendment, restored FR supremacy, made Article 21 non-suspendable during Emergency.
61st Amendment 1989 Reduced voting age from 21 to 18 years.
73rd & 74th Amendments 1992 Gave constitutional status to Panchayati Raj and Urban Local Bodies.
86th Amendment 2002 Made Right to Education a Fundamental Right (Article 21A).
101st Amendment 2016 Introduced Goods and Services Tax (GST).
103rd Amendment 2019 10% reservation for Economically Weaker Sections (EWS).

Most Controversial Amendments
  • 42nd Amendment (1976) – Increased government power.
  • 44th Amendment (1978) – Restored judicial and Fundamental Rights.


Important Supreme Court Cases on Amendments

Case Judgment
Shankari Prasad Case (1951) Parliament can amend Fundamental Rights.
Golaknath Case (1967) Parliament cannot amend Fundamental Rights.
Kesavananda Bharati Case (1973) Introduced Basic Structure Doctrine – Parliament cannot alter the Basic Structure.
Minerva Mills Case (1980) Reaffirmed Basic Structure Doctrine – Limited Parliament’s power.

Current Position: Parliament can amend Fundamental Rights, but not the Basic Structure.



Key Takeaways for UPSC

  • Article 368 provides three types of amendments (Simple Majority, Special Majority, Special Majority + State Ratification).
  • The Constitution has been amended over 100 times.
  • Kesavananda Bharati Case (1973) introduced the Basic Structure Doctrine.
  • 42nd Amendment (1976) increased government power, 44th Amendment (1978) restored judicial control.
  • Recent amendments include 101st (GST) and 103rd (EWS Quota).


Quick Revision Table

Feature Details
Article for Amendment Article 368
First Amendment 1951 (restricted Fundamental Rights)
Most Controversial Amendment 42nd (1976) (gave more power to government)
Amendment Restoring FRs 44th (1978)
Voting Age Reduced 61st (1989)
Panchayati Raj Introduced 73rd & 74th (1992)
Right to Education 86th (2002)
GST Introduced 101st (2016)
EWS Quota 103rd (2019)


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