Important Amendments to the Indian Constitution: How India’s Living Constitution Evolved

The Constitution of India is often described as a living document. Since it came into force on 26 January 1950, it has been amended several times to meet the changing needs of society, politics, and governance. The framers knew that no Constitution can remain rigid in a dynamic democracy. As a result, Article 368 gives Parliament the power to amend the Constitution.

So far, the Indian Constitution has been amended over 100 times, each amendment reflecting the social and political priorities of its time. Some amendments strengthened democracy, some expanded rights, while others sparked intense constitutional debates.

Power to Amend the Constitution: Article 368

Article 368 lays down the procedure for constitutional amendments. Amendments can be made:

• By simple majority

• By special majority

• By special majority with state ratification

However, Parliament’s power is not unlimited. In the landmark case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court introduced the Basic Structure Doctrine, holding that Parliament cannot alter the basic structure of the Constitution.

1st Constitutional Amendment Act, 1951

The First Amendment was introduced soon after independence to address issues related to land reforms and freedom of speech. It:

• Added reasonable restrictions to Article 19(1)(a)

• Inserted Articles 31A and 31B to protect land reform laws

• Created the Ninth Schedule to shield certain laws from judicial review

Case Law: Shankari Prasad v. Union of India (1951)

The Supreme Court upheld Parliament’s power to amend fundamental rights, a view later modified by subsequent judgments.

24th Constitutional Amendment Act, 1971

This amendment was passed to counter the Supreme Court’s decision in Golaknath v. State of Punjab (1967), which had restricted Parliament’s power to amend fundamental rights.

The 24th Amendment:

• Clearly stated that Parliament can amend any part of the Constitution

• Made it mandatory for the President to give assent to constitutional amendments

This amendment strengthened parliamentary sovereignty but also led to constitutional conflicts.

25th Constitutional Amendment Act, 1971

The 25th Amendment:

• Limited the right to property

• Replaced “compensation” with “amount”

• Introduced Article 31C, giving priority to Directive Principles over Fundamental Rights in certain cases

Case Law: Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court upheld parts of the amendment but introduced the Basic Structure Doctrine, ensuring a balance between parliamentary power and constitutional supremacy.

42nd Constitutional Amendment Act, 1976 – The “Mini Constitution”

Passed during the Emergency (1975–77), the 42nd Amendment is one of the most controversial amendments. It:

• Added the words “Socialist,” “Secular,” and “Integrity” to the Preamble

• Gave precedence to Directive Principles over Fundamental Rights

• Curtailed the power of judicial review

• Introduced Fundamental Duties (Article 51A)

Case Law: Minerva Mills v. Union of India (1980)

The Supreme Court struck down parts of the amendment, holding that judicial review and balance between rights and duties are part of the basic structure.

44th Constitutional Amendment Act, 1978

The 44th Amendment was enacted to undo the excesses of the Emergency. It:

• Restored the importance of Fundamental Rights

• Removed the right to property from the list of fundamental rights

• Strengthened safeguards against misuse of emergency powers

This amendment reaffirmed India’s commitment to democracy and civil liberties.

52nd Constitutional Amendment Act, 1985 – Anti-Defection Law

This amendment introduced the Tenth Schedule, aiming to curb political defections. It disqualifies legislators who defect from their political parties.

Case Law: Kihoto Hollohan v. Zachillhu (1992)

The Supreme Court upheld the anti-defection law but allowed limited judicial review of the Speaker’s decisions.

73rd and 74th Constitutional Amendment Acts, 1992

These amendments strengthened local self-governance by granting constitutional status to:

• Panchayati Raj Institutions

• Urban Local Bodies

They introduced reservations for women and marginalized groups, promoting grassroots democracy.

86th Constitutional Amendment Act, 2002

This amendment made free and compulsory education for children aged 6–14 a fundamental right under Article 21A.

Case Law: Unnikrishnan v. State of Andhra Pradesh (1993)

This case laid the foundation for recognizing education as a fundamental right.

101st Constitutional Amendment Act, 2016 – GST

The 101st Amendment introduced the Goods and Services Tax (GST), creating a unified indirect tax system across India. It aimed to simplify taxation, reduce cascading taxes, and promote ease of doing business.

Conclusion

Constitutional amendments reflect India’s journey as a democracy. While amendments allow flexibility and progress, judicial safeguards like the Basic Structure Doctrine ensure that core constitutional values are protected. Together, Parliament and the judiciary have shaped a Constitution that adapts to change while preserving its foundational principles.