Which Article deals with the amendment of the Constitution?

Article 368, in Part XX of the Constitution.

What are the THREE TYPES of majority used in amending the Constitution?

(1) SIMPLE MAJORITY of each House (treated as ordinary law — for matters in Articles 4, 169, etc.). (2) SPECIAL MAJORITY of each House (Article 368) — 2/3rd of those present and voting AND a majority of the TOTAL membership of that House. (3) SPECIAL MAJORITY + RATIFICATION by half the State Legislatures (federal subjects).

Which provisions can be amended by SIMPLE MAJORITY?

(1) Admission/establishment of new States (Art 2). (2) Formation of new States and alteration of boundaries (Art 3). (3) Abolition or creation of Legislative Councils in States (Art 169). (4) Second Schedule (salaries). (5) Quorum (Art 100). (6) Salaries of MPs (Art 106). (7) Rules of procedure (Arts 118, 208). (8) Privileges of MPs (Art 105). (9) Use of English in Parliament (Art 343). (10) SC jurisdiction (Art 138). (11) Citizenship rules (Arts 5–11).

Which provisions require SPECIAL MAJORITY + RATIFICATION by half the States?

FEDERAL provisions: (1) Election of the President (Arts 54, 55). (2) Extent of executive power of Union/States (Arts 73, 162). (3) SC and HCs (Articles in Chapters IV/V of Part V/VI). (4) Distribution of legislative powers (Arts 245–254 and 7th Schedule). (5) Representation of States in Parliament (4th Schedule). (6) Article 368 itself. (7) GST provisions (Art 246A, 269A, 279A — added by 101st Amendment).

What did the 24th Amendment, 1971, do?

(1) Made it OBLIGATORY for the President to give assent to a Constitutional Amendment Bill (no veto). (2) Inserted Article 13(4) — Article 13 does NOT apply to constitutional amendments. (3) Amended Article 368 explicitly to confer power to amend any provision including FRs.

Kesavananda Bharati v. State of Kerala (1973) — the basic-structure doctrine. What did the SC hold?

7:6 majority: Parliament has power to amend ANY part of the Constitution under Article 368, BUT cannot destroy or alter the BASIC STRUCTURE / essential features of the Constitution.

List 10 features identified as part of the BASIC STRUCTURE in various judgments.

(1) Supremacy of the Constitution. (2) Republican and democratic form of government. (3) Secular character. (4) Federalism. (5) Separation of powers. (6) Judicial review. (7) Free and fair elections. (8) Rule of law. (9) Independence of judiciary. (10) Parliamentary system. (11) Welfare state. (12) Basic features of Article 21 (life and dignity). (13) Equality (Article 14). (14) Power of HC under Articles 226/227. (15) Limited amending power of Parliament under Art 368.

1st Constitutional Amendment Act, 1951 — what did it do?

(1) Added Articles 15(4) — special provisions for SEBCs/SCs/STs. (2) Added Article 19(2) — added 'public order', 'friendly relations with foreign States', 'incitement to an offence' as restrictions on free speech. (3) Added Articles 31A and 31B + 9th Schedule (initially with 13 acts) to protect agrarian reforms.

7th Constitutional Amendment Act, 1956 — what did it do?

Implemented the recommendations of the STATES REORGANIZATION COMMISSION (1955) — abolished the four-fold classification of States (Part A, B, C, D); created 14 STATES and 6 UNION TERRITORIES; reorganized States on linguistic lines.

9th Constitutional Amendment Act, 1960 — what did it do?

Gave effect to the transfer of certain territories to Pakistan as per the Indo-Pakistan Agreement of 1958.

10th Constitutional Amendment Act, 1961 — what did it do?

Incorporated Dadra and Nagar Haveli into the Indian Union as a Union Territory (acquired from Portugal in 1954).

12th Constitutional Amendment Act, 1962 — what did it do?

Incorporated Goa, Daman and Diu into the Indian Union (after liberation from Portuguese rule).

25th Constitutional Amendment Act, 1971 — what did it do?

Curtailed the right to property (Art 31). Substituted 'compensation' with 'amount'. Introduced Article 31C — laws giving effect to DPSPs in Article 39(b)/(c) cannot be challenged on grounds of violating Articles 14, 19, 31. The second part of 31C (excluding judicial review) was struck down in Kesavananda Bharati.

26th Constitutional Amendment Act, 1971 — what did it do?

Abolished the privy purses and privileges of the former rulers of princely states.

31st Constitutional Amendment Act, 1973 — what did it do?

Increased the strength of the Lok Sabha from 525 to 545 members.

42nd Constitutional Amendment Act, 1976 — known as the 'MINI-CONSTITUTION'. What did it do?

Major changes: (1) PREAMBLE: added 'Socialist', 'Secular', 'Integrity'. (2) Made DPSPs override certain FRs (struck down in Minerva Mills). (3) Added Part IVA — FUNDAMENTAL DUTIES (Article 51A). (4) Added Articles 39A, 43A, 48A. (5) Added Part XIVA — Tribunals (Articles 323A, 323B). (6) Curtailed power of judicial review of HCs and SC. (7) Frozen Lok Sabha seat allocation till 2000 census. (8) Extended LS/LA term from 5 to 6 years. (9) Provided for Education, Forests, Wildlife, Weights & Measures to be moved from State to Concurrent List.

44th Constitutional Amendment Act, 1978 — what did it do? (Reversal of 42nd Amendment)

(1) Restored LS/LA term from 6 back to 5 years. (2) Right to PROPERTY removed as Fundamental Right (Art 31 repealed; Art 19(1)(f) repealed); made a legal right under Article 300A. (3) 'Internal disturbance' replaced by 'ARMED REBELLION' as ground for National Emergency. (4) Article 20 and Article 21 cannot be SUSPENDED even during Emergency. (5) National Emergency proclamation requires WRITTEN recommendation of Cabinet. (6) Restored judicial review. (7) Strengthened individual rights against detention.

52nd Constitutional Amendment Act, 1985 — what did it do?

Added the TENTH SCHEDULE — Anti-Defection Law. Disqualifies MPs/MLAs who change parties (with 1/3 split exemption originally).

61st Constitutional Amendment Act, 1989 — what did it do?

Reduced the VOTING AGE from 21 years to 18 YEARS for elections to Lok Sabha and State Legislative Assemblies. Amended Article 326.

73rd Constitutional Amendment Act, 1992 — what did it do?

Granted CONSTITUTIONAL STATUS to PANCHAYATI RAJ INSTITUTIONS (rural local self-government). Inserted Part IX (Articles 243–243O) and the 11th Schedule (29 functional items). Came into force on 24 April 1993 (now PANCHAYATI RAJ DAY).

74th Constitutional Amendment Act, 1992 — what did it do?

Granted CONSTITUTIONAL STATUS to URBAN LOCAL BODIES (municipalities). Inserted Part IXA (Articles 243P–243ZG) and the 12th Schedule (18 functional items). Came into force on 1 June 1993.

86th Constitutional Amendment Act, 2002 — what did it do?

(1) Inserted Article 21A — RIGHT TO EDUCATION as a Fundamental Right (free and compulsory education for children 6–14 years). (2) Modified Article 45 — DPSP for early childhood care till age 6. (3) Added Article 51A(k) — duty of parents/guardians to provide education to children 6–14.

91st Constitutional Amendment Act, 2003 — what did it do?

(1) Council of Ministers (Centre AND State) shall NOT EXCEED 15% OF TOTAL MEMBERS of LS / Legislative Assembly. (2) Disqualified members cannot be appointed Ministers. (3) DELETED the 'split' exemption (1/3 defection rule) from the Tenth Schedule — now ONLY 'merger' (2/3rd) is exempted.

93rd Constitutional Amendment Act, 2005 — what did it do?

Inserted ARTICLE 15(5) — empowering the State to make special provisions for socially and educationally backward classes / SCs / STs in matters of admission to educational institutions, including PRIVATE EDUCATIONAL INSTITUTIONS (whether aided or unaided), EXCEPT MINORITY EDUCATIONAL INSTITUTIONS.

97th Constitutional Amendment Act, 2011 — what did it do?

(1) Added 'co-operative societies' to Article 19(1)(c) — right to form co-operatives. (2) Inserted Article 43B (DPSP) — promote co-operatives. (3) Added Part IXB — provisions relating to co-operatives.

99th Constitutional Amendment Act, 2014 — what did it do, and what was its fate?

Established the National Judicial Appointments Commission (NJAC) — replacing the Collegium System. STRUCK DOWN by SC in 2015 (SCAORA v. Union of India, (2016) 5 SCC 1) — held to violate the BASIC STRUCTURE.

100th Constitutional Amendment Act, 2015 — what did it do?

Operationalized the LAND BOUNDARY AGREEMENT between India and Bangladesh — exchange of enclaves and adverse possessions.

101st Constitutional Amendment Act, 2016 — what did it do?

Introduced GOODS AND SERVICES TAX (GST). Inserted Article 246A (special powers of Parliament/States to legislate on GST), Article 269A (inter-state GST), Article 279A (GST Council). Came into force 1 July 2017.

GST Council — Article 279A.

Composition: Chairperson — Union Finance Minister. Members: Union MoS in charge of Revenue/Finance + Minister in charge of Finance/Taxation/any other Minister nominated by each State. Decisions: by 3/4th majority of weighted votes — Centre has 1/3rd weight; States together have 2/3rd.

102nd Constitutional Amendment Act, 2018 — what did it do?

Granted CONSTITUTIONAL STATUS to the National Commission for Backward Classes (NCBC). Inserted Article 338B. Inserted Article 342A — empowering President to specify SEBCs.

103rd Constitutional Amendment Act, 2019 — what did it do?

Inserted Articles 15(6) and 16(6) — providing for 10% RESERVATION for ECONOMICALLY WEAKER SECTIONS (EWS) of the General Category in (a) educational institutions and (b) public employment.

104th Constitutional Amendment Act, 2019 — what did it do?

(1) ABOLISHED the reservation of seats for ANGLO-INDIANS in LS and State Assemblies (Articles 331, 333). (2) EXTENDED the SC/ST reservation in LS and State Assemblies for ANOTHER 10 YEARS — till 25 January 2030.

105th Constitutional Amendment Act, 2021 — what did it do?

Restored the power of STATE GOVERNMENTS to identify SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES (SEBCs) for state-level reservations. Amended Article 342A.

106th Constitutional Amendment Act, 2023 — what did it do?

NARI SHAKTI VANDAN ADHINIYAM — provides ONE-THIRD (33%) RESERVATION FOR WOMEN in LOK SABHA, STATE LEGISLATIVE ASSEMBLIES, and the LEGISLATIVE ASSEMBLY OF THE NCT OF DELHI.

Minerva Mills Case (1980) — what did SC hold regarding Article 368?

Article 368 cannot be amended to give Parliament unlimited amending power. The LIMITED AMENDING POWER of Parliament under Article 368 is itself a basic feature.

I.R. Coelho v. State of Tamil Nadu (2007) — significance for amendments.

Held: Any law placed in the NINTH SCHEDULE after 24 April 1973 (Kesavananda Bharati judgment date) is OPEN TO JUDICIAL REVIEW if it violates Fundamental Rights or the Basic Structure.

Golaknath v. State of Punjab (1967) — what did SC hold?

By 6:5 majority — held that Parliament CANNOT amend Fundamental Rights (Part III) because amendments under Article 368 are 'law' under Article 13(2).

Shankari Prasad (1951) and Sajjan Singh (1965) — common holding?

Both held that Parliament CAN amend Fundamental Rights via Article 368. 'Law' in Article 13 does NOT include constitutional amendments.

Total number of Constitutional Amendments enacted so far?

106 (as of 2023). [The 130th Constitutional Amendment Bill, 2025, has been introduced in Parliament; 128th Bill became 106th Act.]

Three of the most significant amendments for democracy in India?

(1) 42nd Amendment (1976) — 'Mini Constitution'; reshaped much of the Constitution during Emergency. (2) 44th Amendment (1978) — restored balance, made Articles 20, 21 non-suspendable. (3) 73rd & 74th Amendments (1992) — democratized local self-government.

Doctrine of 'PROSPECTIVE OVERRULING' — established by which case?

Golaknath v. State of Punjab (1967) — SC held that its decision would have only PROSPECTIVE effect (i.e., past amendments would not be invalidated).

Has any constitutional amendment been ENTIRELY struck down by SC?

Yes: 99th Amendment (NJAC, 2014) was entirely struck down. Provisions of others have been struck down: 42nd (parts), 39th (relating to PM's election challenge), 25th (second part of 31C), 86th (second part of 21A — fees), 97th (Part IXB applied to states without ratification).

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Constitutional Amendments (Article 368)

Amendment procedure under Article 368, types of majorities, basic-structure jurisprudence, and the most important constitutional amendments from 1st to 106th.

Author: by NeverCram Editorial
Cards: 42 cards
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Published: Published Apr 25, 2026

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All cards (42)

#1
Front
Which Article deals with the amendment of the Constitution?
Back
Article 368, in Part XX of the Constitution.
#2
Front
What are the THREE TYPES of majority used in amending the Constitution?
Back
(1) SIMPLE MAJORITY of each House (treated as ordinary law — for matters in Articles 4, 169, etc.). (2) SPECIAL MAJORITY of each House (Article 368) — 2/3rd of those present and voting AND a majority of the TOTAL membership of that House. (3) SPECIAL MAJORITY + RATIFICATION by half the State Legislatures (federal subjects).
#3
Front
Which provisions can be amended by SIMPLE MAJORITY?
Back
(1) Admission/establishment of new States (Art 2). (2) Formation of new States and alteration of boundaries (Art 3). (3) Abolition or creation of Legislative Councils in States (Art 169). (4) Second Schedule (salaries). (5) Quorum (Art 100). (6) Salaries of MPs (Art 106). (7) Rules of procedure (Arts 118, 208). (8) Privileges of MPs (Art 105). (9) Use of English in Parliament (Art 343). (10) SC jurisdiction (Art 138). (11) Citizenship rules (Arts 5–11).
Explanation
These do NOT count as 'amendments' under Art 368 — but they MODIFY the Constitution.
#4
Front
Which provisions require SPECIAL MAJORITY + RATIFICATION by half the States?
Back
FEDERAL provisions: (1) Election of the President (Arts 54, 55). (2) Extent of executive power of Union/States (Arts 73, 162). (3) SC and HCs (Articles in Chapters IV/V of Part V/VI). (4) Distribution of legislative powers (Arts 245–254 and 7th Schedule). (5) Representation of States in Parliament (4th Schedule). (6) Article 368 itself. (7) GST provisions (Art 246A, 269A, 279A — added by 101st Amendment).
#5
Front
What did the 24th Amendment, 1971, do?
Back
(1) Made it OBLIGATORY for the President to give assent to a Constitutional Amendment Bill (no veto). (2) Inserted Article 13(4) — Article 13 does NOT apply to constitutional amendments. (3) Amended Article 368 explicitly to confer power to amend any provision including FRs.
Explanation
Was a response to Golaknath (1967). Upheld in Kesavananda Bharati (1973), but Kesavananda also imposed the basic structure limitation.
#6
Front
Kesavananda Bharati v. State of Kerala (1973) — the basic-structure doctrine. What did the SC hold?
Back
7:6 majority: Parliament has power to amend ANY part of the Constitution under Article 368, BUT cannot destroy or alter the BASIC STRUCTURE / essential features of the Constitution.
Explanation
Citation: AIR 1973 SC 1461. 13-judge bench (largest till then). Overruled Golaknath (1967), upheld 24th Amendment, but limited 25th Amendment's ouster of judicial review.
#7
Front
List 10 features identified as part of the BASIC STRUCTURE in various judgments.
Back
(1) Supremacy of the Constitution. (2) Republican and democratic form of government. (3) Secular character. (4) Federalism. (5) Separation of powers. (6) Judicial review. (7) Free and fair elections. (8) Rule of law. (9) Independence of judiciary. (10) Parliamentary system. (11) Welfare state. (12) Basic features of Article 21 (life and dignity). (13) Equality (Article 14). (14) Power of HC under Articles 226/227. (15) Limited amending power of Parliament under Art 368.
Explanation
The list is illustrative — SC has not given an exhaustive definition. Determined case-by-case.
#8
Front
1st Constitutional Amendment Act, 1951 — what did it do?
Back
(1) Added Articles 15(4) — special provisions for SEBCs/SCs/STs. (2) Added Article 19(2) — added 'public order', 'friendly relations with foreign States', 'incitement to an offence' as restrictions on free speech. (3) Added Articles 31A and 31B + 9th Schedule (initially with 13 acts) to protect agrarian reforms.
Explanation
In response to Champakam Dorairajan (1951) and Romesh Thappar (1950).
#9
Front
7th Constitutional Amendment Act, 1956 — what did it do?
Back
Implemented the recommendations of the STATES REORGANIZATION COMMISSION (1955) — abolished the four-fold classification of States (Part A, B, C, D); created 14 STATES and 6 UNION TERRITORIES; reorganized States on linguistic lines.
Explanation
Part VII of the Constitution (dealing with Part B States) was repealed.
#10
Front
9th Constitutional Amendment Act, 1960 — what did it do?
Back
Gave effect to the transfer of certain territories to Pakistan as per the Indo-Pakistan Agreement of 1958.
#11
Front
10th Constitutional Amendment Act, 1961 — what did it do?
Back
Incorporated Dadra and Nagar Haveli into the Indian Union as a Union Territory (acquired from Portugal in 1954).
#12
Front
12th Constitutional Amendment Act, 1962 — what did it do?
Back
Incorporated Goa, Daman and Diu into the Indian Union (after liberation from Portuguese rule).
#13
Front
25th Constitutional Amendment Act, 1971 — what did it do?
Back
Curtailed the right to property (Art 31). Substituted 'compensation' with 'amount'. Introduced Article 31C — laws giving effect to DPSPs in Article 39(b)/(c) cannot be challenged on grounds of violating Articles 14, 19, 31. The second part of 31C (excluding judicial review) was struck down in Kesavananda Bharati.
#14
Front
26th Constitutional Amendment Act, 1971 — what did it do?
Back
Abolished the privy purses and privileges of the former rulers of princely states.
#15
Front
31st Constitutional Amendment Act, 1973 — what did it do?
Back
Increased the strength of the Lok Sabha from 525 to 545 members.
#16
Front
42nd Constitutional Amendment Act, 1976 — known as the 'MINI-CONSTITUTION'. What did it do?
Back
Major changes: (1) PREAMBLE: added 'Socialist', 'Secular', 'Integrity'. (2) Made DPSPs override certain FRs (struck down in Minerva Mills). (3) Added Part IVA — FUNDAMENTAL DUTIES (Article 51A). (4) Added Articles 39A, 43A, 48A. (5) Added Part XIVA — Tribunals (Articles 323A, 323B). (6) Curtailed power of judicial review of HCs and SC. (7) Frozen Lok Sabha seat allocation till 2000 census. (8) Extended LS/LA term from 5 to 6 years. (9) Provided for Education, Forests, Wildlife, Weights & Measures to be moved from State to Concurrent List.
Explanation
Enacted during the Emergency (1975–77). Many of its provisions were reversed by the 44th Amendment, 1978.
#17
Front
44th Constitutional Amendment Act, 1978 — what did it do? (Reversal of 42nd Amendment)
Back
(1) Restored LS/LA term from 6 back to 5 years. (2) Right to PROPERTY removed as Fundamental Right (Art 31 repealed; Art 19(1)(f) repealed); made a legal right under Article 300A. (3) 'Internal disturbance' replaced by 'ARMED REBELLION' as ground for National Emergency. (4) Article 20 and Article 21 cannot be SUSPENDED even during Emergency. (5) National Emergency proclamation requires WRITTEN recommendation of Cabinet. (6) Restored judicial review. (7) Strengthened individual rights against detention.
#18
Front
52nd Constitutional Amendment Act, 1985 — what did it do?
Back
Added the TENTH SCHEDULE — Anti-Defection Law. Disqualifies MPs/MLAs who change parties (with 1/3 split exemption originally).
#19
Front
61st Constitutional Amendment Act, 1989 — what did it do?
Back
Reduced the VOTING AGE from 21 years to 18 YEARS for elections to Lok Sabha and State Legislative Assemblies. Amended Article 326.
#20
Front
73rd Constitutional Amendment Act, 1992 — what did it do?
Back
Granted CONSTITUTIONAL STATUS to PANCHAYATI RAJ INSTITUTIONS (rural local self-government). Inserted Part IX (Articles 243–243O) and the 11th Schedule (29 functional items). Came into force on 24 April 1993 (now PANCHAYATI RAJ DAY).
Explanation
Mandates: 3-tier system (Gram-Block-District), direct elections, 5-year term, reservation for SC/ST/women (33%), State Election Commission, State Finance Commission.
#21
Front
74th Constitutional Amendment Act, 1992 — what did it do?
Back
Granted CONSTITUTIONAL STATUS to URBAN LOCAL BODIES (municipalities). Inserted Part IXA (Articles 243P–243ZG) and the 12th Schedule (18 functional items). Came into force on 1 June 1993.
Explanation
Three types of urban local bodies: Nagar Panchayat (transitional), Municipal Council (smaller urban areas), Municipal Corporation (larger urban areas).
#22
Front
86th Constitutional Amendment Act, 2002 — what did it do?
Back
(1) Inserted Article 21A — RIGHT TO EDUCATION as a Fundamental Right (free and compulsory education for children 6–14 years). (2) Modified Article 45 — DPSP for early childhood care till age 6. (3) Added Article 51A(k) — duty of parents/guardians to provide education to children 6–14.
Explanation
Operationalized by the RTE Act, 2009.
#23
Front
91st Constitutional Amendment Act, 2003 — what did it do?
Back
(1) Council of Ministers (Centre AND State) shall NOT EXCEED 15% OF TOTAL MEMBERS of LS / Legislative Assembly. (2) Disqualified members cannot be appointed Ministers. (3) DELETED the 'split' exemption (1/3 defection rule) from the Tenth Schedule — now ONLY 'merger' (2/3rd) is exempted.
#24
Front
93rd Constitutional Amendment Act, 2005 — what did it do?
Back
Inserted ARTICLE 15(5) — empowering the State to make special provisions for socially and educationally backward classes / SCs / STs in matters of admission to educational institutions, including PRIVATE EDUCATIONAL INSTITUTIONS (whether aided or unaided), EXCEPT MINORITY EDUCATIONAL INSTITUTIONS.
Explanation
In Ashoka Kumar Thakur v. Union of India (2008), SC upheld 27% OBC reservation in central educational institutions.
#25
Front
97th Constitutional Amendment Act, 2011 — what did it do?
Back
(1) Added 'co-operative societies' to Article 19(1)(c) — right to form co-operatives. (2) Inserted Article 43B (DPSP) — promote co-operatives. (3) Added Part IXB — provisions relating to co-operatives.
Explanation
In Rajendra N. Shah v. Union of India (2021), SC struck down Part IXB to the extent it applied to State co-operatives — held to require ratification by States. Article 19(1)(c) and 43B remained intact.
#26
Front
99th Constitutional Amendment Act, 2014 — what did it do, and what was its fate?
Back
Established the National Judicial Appointments Commission (NJAC) — replacing the Collegium System. STRUCK DOWN by SC in 2015 (SCAORA v. Union of India, (2016) 5 SCC 1) — held to violate the BASIC STRUCTURE.
#27
Front
100th Constitutional Amendment Act, 2015 — what did it do?
Back
Operationalized the LAND BOUNDARY AGREEMENT between India and Bangladesh — exchange of enclaves and adverse possessions.
#28
Front
101st Constitutional Amendment Act, 2016 — what did it do?
Back
Introduced GOODS AND SERVICES TAX (GST). Inserted Article 246A (special powers of Parliament/States to legislate on GST), Article 269A (inter-state GST), Article 279A (GST Council). Came into force 1 July 2017.
#29
Front
GST Council — Article 279A.
Back
Composition: Chairperson — Union Finance Minister. Members: Union MoS in charge of Revenue/Finance + Minister in charge of Finance/Taxation/any other Minister nominated by each State. Decisions: by 3/4th majority of weighted votes — Centre has 1/3rd weight; States together have 2/3rd.
#30
Front
102nd Constitutional Amendment Act, 2018 — what did it do?
Back
Granted CONSTITUTIONAL STATUS to the National Commission for Backward Classes (NCBC). Inserted Article 338B. Inserted Article 342A — empowering President to specify SEBCs.
Explanation
In Maratha Reservation case (Jaishri Laxmanrao Patil, 2021), SC's interpretation of Article 342A led to the 105th Amendment.
#31
Front
103rd Constitutional Amendment Act, 2019 — what did it do?
Back
Inserted Articles 15(6) and 16(6) — providing for 10% RESERVATION for ECONOMICALLY WEAKER SECTIONS (EWS) of the General Category in (a) educational institutions and (b) public employment.
Explanation
Upheld by SC in Janhit Abhiyan v. Union of India (2022) by 3:2 majority. Citation: 2022 SCC OnLine SC 1540.
#32
Front
104th Constitutional Amendment Act, 2019 — what did it do?
Back
(1) ABOLISHED the reservation of seats for ANGLO-INDIANS in LS and State Assemblies (Articles 331, 333). (2) EXTENDED the SC/ST reservation in LS and State Assemblies for ANOTHER 10 YEARS — till 25 January 2030.
#33
Front
105th Constitutional Amendment Act, 2021 — what did it do?
Back
Restored the power of STATE GOVERNMENTS to identify SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES (SEBCs) for state-level reservations. Amended Article 342A.
Explanation
Reversed the SC's interpretation in the Maratha Reservation case (2021) which had held that only the central government could identify SEBCs after the 102nd Amendment.
#34
Front
106th Constitutional Amendment Act, 2023 — what did it do?
Back
NARI SHAKTI VANDAN ADHINIYAM — provides ONE-THIRD (33%) RESERVATION FOR WOMEN in LOK SABHA, STATE LEGISLATIVE ASSEMBLIES, and the LEGISLATIVE ASSEMBLY OF THE NCT OF DELHI.
Explanation
Implementation: Will come into effect after delimitation following the next Census. Initially in force for 15 years; can be extended by Parliament. Inserted Articles 330A, 332A, 239AA(2A).
#35
Front
Minerva Mills Case (1980) — what did SC hold regarding Article 368?
Back
Article 368 cannot be amended to give Parliament unlimited amending power. The LIMITED AMENDING POWER of Parliament under Article 368 is itself a basic feature.
Explanation
Citation: AIR 1980 SC 1789. Struck down Sections 4 and 55 of the 42nd Amendment.
#36
Front
I.R. Coelho v. State of Tamil Nadu (2007) — significance for amendments.
Back
Held: Any law placed in the NINTH SCHEDULE after 24 April 1973 (Kesavananda Bharati judgment date) is OPEN TO JUDICIAL REVIEW if it violates Fundamental Rights or the Basic Structure.
Explanation
Citation: AIR 2007 SC 861. 9-judge bench.
#37
Front
Golaknath v. State of Punjab (1967) — what did SC hold?
Back
By 6:5 majority — held that Parliament CANNOT amend Fundamental Rights (Part III) because amendments under Article 368 are 'law' under Article 13(2).
Explanation
OVERRULED by Kesavananda Bharati (1973). 24th Amendment (1971) was a legislative response.
#38
Front
Shankari Prasad (1951) and Sajjan Singh (1965) — common holding?
Back
Both held that Parliament CAN amend Fundamental Rights via Article 368. 'Law' in Article 13 does NOT include constitutional amendments.
Explanation
This view was reversed in Golaknath (1967), then restored with a basic-structure caveat in Kesavananda Bharati (1973).
#39
Front
Total number of Constitutional Amendments enacted so far?
Back
106 (as of 2023). [The 130th Constitutional Amendment Bill, 2025, has been introduced in Parliament; 128th Bill became 106th Act.]
Explanation
Note: The 'Bill number' and 'Act number' are different because some bills lapse without becoming Acts (e.g., 64th, 65th, 87th, 121st bills).
#40
Front
Three of the most significant amendments for democracy in India?
Back
(1) 42nd Amendment (1976) — 'Mini Constitution'; reshaped much of the Constitution during Emergency. (2) 44th Amendment (1978) — restored balance, made Articles 20, 21 non-suspendable. (3) 73rd & 74th Amendments (1992) — democratized local self-government.
#41
Front
Doctrine of 'PROSPECTIVE OVERRULING' — established by which case?
Back
Golaknath v. State of Punjab (1967) — SC held that its decision would have only PROSPECTIVE effect (i.e., past amendments would not be invalidated).
Explanation
Borrowed from American law (Justice Cardozo). Used since to provide legal certainty during major doctrinal shifts.
#42
Front
Has any constitutional amendment been ENTIRELY struck down by SC?
Back
Yes: 99th Amendment (NJAC, 2014) was entirely struck down. Provisions of others have been struck down: 42nd (parts), 39th (relating to PM's election challenge), 25th (second part of 31C), 86th (second part of 21A — fees), 97th (Part IXB applied to states without ratification).