September 21, 2023
Overview: There have been several Amendments in the Indian Constitution since the first Amendment was made in 1951. Until now there have been 105 constitutional amendment bills have been approved by the Parliament and the President.
For Judiciary examinations across all states it is a must to know how many amendments have been made in the Constitution. Although knowing all Amendments is not essential, knowing the important ones is enough. While preparing you have to ensure that you memorize these amendments properly as they are important for both prelims and mains examination.
In this article we will discuss:
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For your Judiciary preparation, Constitutional Amendments are very important. Amendments in any constitution mean that any country is evolving and growing at the pace of time. Society is meant to evolve with changing times and laws, and the essence of any society ought to change with it. Indian Constitution is the soul of India, and for it to function perfectly, it is crucial to have a constitution that is apt to the changing society.
Amendments can introduce political reforms aimed at improving the functioning of government institutions, enhancing accountability, reducing corruption, and promoting good governance.
With so many amendments in the Indian Constitution, we know that our Constitution is not rigid; rather, it is a perfect blend of rigidity and flexibility. Amending the Constitution is not new to the Indian Constitution; all the constitutions in the world get amended with changing times. For our Indian Constitution, the concept of amendment was borrowed from the South African Constitution.
In our Indian Constitution, Article 368 in Part XX of the Constitution deals with the Powers of Parliament to amend the Constitution.
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There have been multiple amendments in our Indian Constitution, and as of September 2023, there have been 105 amendments.
Any amendment in the Indian Constitution is made after a bill for amendment is introduced in the Parliament; to date, 128 bills have been introduced, of which 105 have been passed.
For every Judiciary Aspirant preparing for upcoming Judiciary exams, you need to know the significant constitutional amendments and their effect on the Indian Justice System.
There are frequent questions on Constitutional Amendments in judicial examinations; hence, learning and frequently revising these amendments is extremely important.
So let us start with some important constitutional amendments.
The first amendment in the Constitution happened in 1951, and we will discuss the first and all the other important constitutional amendments for your judiciary preparation.
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Amendment | Changes made | Amendment year |
1st |
|
1951 |
2nd |
|
1952 |
7th |
|
1956 |
10th |
|
1961 |
24th |
|
1971 |
25th |
|
1971 |
26th |
|
1971 |
31st |
|
1973 |
36th |
|
1975 |
37th |
|
1975 |
42nd |
|
1976 |
44th |
|
1978 |
52nd |
|
1985 |
61st |
|
1988 |
73rd |
|
1992 |
74th |
|
1992 |
76th |
|
1994 |
86th |
|
2002 |
87th |
|
2003 |
88th |
|
2003 |
89th |
|
2003 |
91st |
|
2003 |
92nd |
|
2003 |
93rd |
|
2006 |
97th |
|
2011 |
99th |
|
2014 |
100th |
|
2015 |
101st |
|
2016 |
103rd |
|
2019 |
105th |
|
2021 |
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The 42nd Amendment to the Indian Constitution is one of the most significant amendments in the history of the Indian Constitution, it is also known as Mini Constitution. It was enacted during the period of the Emergency and made several notable changes to the Constitution. Some of the key provisions and changes brought about by the 42nd Amendment includes:
Preamble Modification: The 42nd Amendment added the word "Secular" and "Socialist" to the Preamble of the Indian Constitution, making it read, "We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic..."
Fundamental Rights: The amendment altered the balance between fundamental rights and directive principles by stating that laws implementing directive principles could not be challenged on the grounds that they violated fundamental rights.
Suspension of Fundamental Rights: It provided that during a state of Emergency declared under Article 352, the President could suspend the enforcement of fundamental rights guaranteed by Article 19.
Judicial Review: The amendment attempted to restrict the power of judicial review by stating that no constitutional amendment could be challenged in any court on any ground.
Election of the President: The amendment changed the method of election of the President. It introduced an Electoral College consisting of elected members of both houses of Parliament and the elected members of the Legislative Assemblies of States, replacing the earlier system where only members of the State Legislative Assemblies participated in the election.
Election of the Prime Minister: It declared that the Prime Minister was to be appointed by the President and that the Council of Ministers would be collectively responsible to the Lok Sabha.
Size of Council of Ministers: It imposed a limit on the size of the Council of Ministers at the central and state levels.
Anti-Defection Provisions: The 42nd Amendment introduced anti-defection provisions under the Tenth Schedule of the Constitution, which laid down the grounds on which a Member of Parliament or State Legislature could be disqualified for defection.
Duration of Lok Sabha and State Legislative Assemblies: It extended the term of the Lok Sabha and State Legislative Assemblies from five to six years during a state of Emergency.
Change in the Words "Internal Disturbance": It replaced the term "armed rebellion" with "internal disturbance" as one of the grounds for declaring a state of Emergency under Article 352.
It's important to note that the 42nd Amendment has been a subject of significant debate and controversy in India's constitutional history. Many of the changes it made were seen as an attempt to consolidate power in the executive and curtail judicial review. Subsequent amendments and judicial decisions have modified some of the provisions introduced by the 42nd Amendment, restoring a more balanced constitutional framework.
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As discussed above, the Constitution of India is a Rigid constitution with a blend of flexibility.
The Constitution of India provides for its own amendment under Article 368. Here's the process of amending the Indian Constitution with articles:
1. Proposal for Amendment:
An amendment to the Indian Constitution can be proposed in two ways:
a. By a Member of Parliament (MP) or Member of the Legislative Assembly (MLA): Any member of Parliament or a state legislature can introduce a bill to amend the Constitution.
b. By the President: The President can introduce a bill to amend the Constitution based on the advice of the Council of Ministers (Cabinet).
2. Passing the Amendment Bill:
The amendment bill must be passed in both houses of Parliament with a special majority:
a. Lok Sabha (House of the People): The bill must be passed by a majority of the total membership of the house and by a majority of not less than two-thirds of the members present and voting.
b. Rajya Sabha (Council of States): The bill must also be passed by a majority of the total membership of the house and by a majority of not less than two-thirds of the members present and voting.
3. Ratification by State Legislatures:
If the amendment affects the federal structure of the Constitution (i.e., it affects the powers of states), it must be ratified by at least half of the state legislatures. The President seeks their views, and they have to pass the amendment with a special majority.
4. Presidential Assent:
Once the amendment bill is passed by both houses of Parliament and ratified by the required number of state legislatures, it is presented to the President for assent. The President can either give assent or withhold assent, but in practice, the President gives assent.
5. Amendment Becomes Part of the Constitution:
Once the President gives assent, the amendment becomes a part of the Indian Constitution. It is then incorporated into the appropriate article or schedule of the Constitution, and the Constitution is considered to be amended accordingly.
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Here are some multiple-choice questions (MCQs) on important constitutional amendments in the Indian Constitution:
1. Which amendment to the Indian Constitution added the words "Socialist" and "Secular" to the Preamble?
Answer: 42nd Amendment
2. The 73rd Amendment to the Indian Constitution is related to:
Answer: c. Panchayati Raj institutions
3. The Tenth Schedule of the Indian Constitution deals with:
Answer: c. Anti-defection provisions
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4. The amendment that extended the term of the Lok Sabha and State Legislative Assemblies from five to six years during a state of Emergency was the:
Answer: b. 44th Amendment
5. The amendment that introduced the Goods and Services Tax (GST) in India was the:
Answer: a. 101st Amendment
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6. Which amendment to the Indian Constitution gave the President the power to suspend the enforcement of fundamental rights during a state of Emergency?
Answer: b. 42nd Amendment
7. The amendment that introduced reservations for socially and educationally backward classes in educational institutions was the:
Answer: a. 93rd Amendment
8. Which amendment laid down the grounds for disqualification of Members of Parliament and State Legislatures for defection?
Answer: c. 52nd Amendment
9. The amendment that changed the method of election of the President of India was the:
Answer: b. 52nd Amendment
10. The 24th Amendment to the Indian Constitution aimed to:
Answer: b. Protect laws related to land reforms from judicial review
Constitutional amendments can enhance the democratic process by addressing issues related to electoral systems, political parties, and the functioning of legislatures, thereby strengthening the democratic institutions and ensuring fair representation. Indian Constitution has been amended several times, but the basic structure and the essence of the constitution is kept intact. For your Judiciary Preparation it is important to remember all the major amendments mentioned above in this article.
Read Also: Most Important Judgments
All the best!
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