Amendments of the Indian Constitution – What is Article 368? |
To define constitutional amendment process, Article 368 of Part XX of Indian Constitution provides for two types of amendments.
- By a special majority of Parliament
- by a special majority of the Parliament with the ratification by half of the total states
But, some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368.
A brief description of the above types of amendments of the Indian Constitution has been laid down below.
1. By Simple Majority of Parliament |
A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368.
These provisions include:
- Admission or establishment of new states.
- Formation of new states and alteration of areas, boundaries or names of existing states.
- Abolition or creation of legislative councils in states.
- Second Schedule-emoluments,
- Allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
- Quorum in Parliament.
- Salaries and allowances of the members of Parliament.
- Rules of procedure in Parliament.
- Privileges of the Parliament, its members and its committees.
- Use of the English language in Parliament.
- Number of puisne judges in the Supreme Court.
- Conferment of more jurisdiction on the Supreme Court.
- Conferment of more jurisdiction on the Supreme Court.
- Citizenship-acquisition and termination.
- Elections to Parliament and state legislatures.
- Delimitation of constituencies.
- Union territories
- Fifth Schedule-administration of scheduled areas and scheduled tribes.
- Sixth Schedule-administration of tribal areas.
2. By Special Majority of Parliament |
- The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting
- . The expression ‘total membership’ means the total number of members comprising the House irrespective of the fact whether there are vacancies or absentees.
- The special majority is required only for voting at the third reading stage of the bill but by way of abundant caution, the requirement for the special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.
- The provisions which can be amended by this way include: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) All other provisions which are not covered by the first and third categories.
3. By Special Majority of Parliament and Consent of States |
Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority.
If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed.
There is no time limit within which the states should give their consent to the bill.
The following provisions can be amended in this way:
- Election of the President and its manner.
- Extent of the executive power of the Union and the states.
- Supreme Court and high courts.
- Distribution of legislative powers between
- the Union and the states.
- Any of the lists in the Seventh Schedule.
- Representation of states in Parliament.
- Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
Important Amendments of the Indian Constitution |
Important Amendment Acts | Newly added, removed and Amended Articles/Scheduled/Parts | Details of the Amendments |
7th Amendment Act 1956 | Article 1 Article 3 Article 49 Article 80 Article 81 Article 82 Article 131 Article 153 Article 158 Article 168 Article 170 Article 171 Article 216 Article 217 Article 220 Article 222 Article 224 Article 230 Article 231 Article 232 Part VIII First, Second, Fourth and Seventh Schedules of Indian Constitution | Reorganisation of states on linguistic basis
Abolition of Class A, B, C and D states Introduction of Union Territories
|
9th Amendment Act, 1960 | Schedule 1 of Indian Constitution | Adjustments to Indian Territory as a result of an agreement with Pakistan. |
10th Amendment Act, 1961 | Article 240 First Schedule | Dadra, Nagar, and Haveli incorporated in the Union of Indian as a Union Territory |
12th Amendment Act 1961 | Article 240 First Schedule | Goa, Daman and Diu incorporated in the Indian Union as a Union Territory |
13th Amendment Act, 1963 | Article 170 Added new article 371A | Nagaland was formed with special status under Article 371A |
14th Amendment Act, 1962 | Articles 81 and 240 First and fourth Schedules Added Article 239A | Pondicherry incorporated into the Indian Union |
21st Amendment Act, 1967 | Eighth Schedule | Sindhi language was language into 8th Schedule of Indian Constitution |
26th Amendment Act 1971 | Article 366 Added Article 363A Removed Articles 291 and 362 | Privy Purse was abolished. |
36th Amendment Act 40th Amendment Act 1975 | Articles 80 and 81 First and fourth Schedules Added Article 371F Removed Article 2A | Sikkim incorporated as an Indian state |
42nd Amendment Act 1976 | Article 31 Article 31C Article 39 Article 55 Article 74 Article 77 Article 81 Article 82 Article 83 Article 100 Article 102 Article 103 Article 105 Article 118 Article 145 Article 150 Article 166 Article 170 Article 172 Article 189 Article 191 Article 192 Article 194 Article 208 Article 217 Article 225 Article 226 Article 227 Article 228 Article 311 Article 312 Article 330 Article 352 Article 353 Article 356 Article 357 Article 358 Article 359 Article 366 Article 368 Article 371F Seventh Schedule Added Articles 31D, 32A, 39A, 43A, 48A, 131A, 139A, 144A, 226A, 228A and 257A Added Parts IVA and XIVA | Fundamental Duties prescribed, India became Socialist Secular Republic |
44th Amendment Act 1978 | Article19 Article 22 Article 30 Article 31A Article 31C Article 38 Article 71 Article 74 Article 77 Article 83 Article 103 Article 105 Article 123 Article 132 Article 133 Article 134 Article 139A Article 150 Article 166 Article 172 Article 192 Article 194 Article 213 Article 217 Article 225 Article 226 Article 227 Article 239B Article 329 Article 352 Article 356 Article 358 Article 359 Article 360 Article 371F Ninth Schedule Added Articles 134A and 361A Deletion of Articles 31, 257A and 329A | Right to Property removed from the list of fundamental rights |
61st Amendment Act 1989 | Article 326 | Voting age decreased from 21 to 18. |
71st Amendment Act 1992 | Article 332 | Manipuri, Konkani, and Nepali were added in the 8th Schedule of Indian Constitution |
73rd Amendment Act 1992 | Added Part IX | Introduction of Panchayat Raj Addition of Part IX to the Indian Constitution |
74th Amendment Act 1992 | Article 280 Article 280 Added Part IXA | Introduction of Municipalities and Nagarpalikas |
86th Amendment Act 2002 | Amended Articles 45 and 51A Added Article 21A | Free and compulsory education to children between 6 and 14 years |
88th Amendment Act 2003 | Added Article 268A | Service tax levied by Union and collected and appropriated by the Union and the States |
92nd Amendment Act 2003 | Eighth Schedule | Santhali, Bodo, Dogri, and Maithili in the 8th Schedule of Indian Constitution |
95th Amendment Act 2010 | Article 334 | Extension of reservation of seats for SC/ST Nomination of Anglo-Indian members in Parliament and State Assemblies |
96th Amendment Act 2011 | Eighth Schedule | Replaced Odia for Oriya in the 8th Schedule to the Indian Constitution |
97th Amendment Act 2012 | Articles 19 Added Part IXB | Introduction of Part IXB in the Constitution of India relating to Co-operative Societies |
100th Amendment Act 2015 | Amendment of First Schedule | Exchange of some enclave territories with Bangladesh
Conferment of citizenship rights to citizens of enclave’s resulting to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh. |
101st Amendment Act 2016 | Article 248 Article 249 Article 250 Article 268 Article 269 Article 270 Article 271 Article 286 Article 366 Article 368 Amended Sixth Schedule and Seventh Schedule Deletion of Article 268A | Introduction of Goods and Services Tax (GST) |
102nd Amendment Act 2018 | Addition of articles 338B, 342A, and Added Clause 26C Omitted Article 340 Modification of articles 338, 366 | Constitutional Status to National Commission for Backward Classes |
103rd Amendment Act 2019 | Amendment to Article 15, added Clause 6
Amendment to Article 16, added Clause 6 | A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes. |
The 42nd amendment was the most comprehensive amendment which had 59 clauses and carried out so many changes that it has been described as a "Mini Constitution". |
The 52nd amendment was the only amendment to be unanimously adopted by the Parliament. |