Understanding
Constitutional Amendments in India: A Guide for UPSC Aspirants

If you’re
preparing for the UPSC exam, you know how crucial it is to understand the
Indian Constitution. One of the most dynamic aspects of the Constitution is its
ability to evolve through constitutional amendments. But what
exactly are constitutional amendments, and why are they so important? Let’s
break it down in a simple, humanized way to help you grasp this topic for your
UPSC preparation.

 

What is a Constitutional Amendment?

Imagine the
Constitution as a living, breathing document. Just like humans grow and adapt
to new challenges, the Constitution also needs to change to address the needs
of a developing nation. A constitutional amendment is like a
“software update” for the Constitution—it modifies or adds new
provisions to keep the system running smoothly.

In India,
the process of amending the Constitution is governed by Article 368.
It’s neither too rigid (like the U.S. Constitution) nor too flexible (like the
British system). Instead, it strikes a perfect balance, ensuring stability
while allowing necessary changes.

 

Why Do We Need Constitutional Amendments?

1. To Adapt to Changing Times:
• Society evolves, and so do its needs. For example, the 73rd
  and 74th Amendments (1992) introduced Panchayati Raj and urban
  local bodies, empowering grassroots democracy. Without these amendments,
  our local governance systems would lack structure and authority.
2. To Promote Social Justice:
• Amendments like the 1st Amendment (1951) protected
  land reform laws, while the 103rd Amendment (2019) introduced
  10% reservation for Economically Weaker Sections (EWS). These changes aim
  to create a more equitable society.
3. To Strengthen Democracy:
• The 52nd Amendment (1985) introduced the
  anti-defection law to curb political instability. Such amendments ensure
  that democratic institutions function effectively.
4. To Address Federal Issues:
• The 101st Amendment (2016) brought the Goods and
  Services Tax (GST), harmonizing the tax system between the center and
  states. This is a great example of cooperative federalism.

 

How Does the Amendment Process Work?

The process
of amending the Constitution is like a carefully choreographed dance. Here’s
how it works:

1. Initiation:
• An amendment can only be introduced in Parliament (either Lok
  Sabha or Rajya Sabha).
2. Approval:
• Depending on the nature of the amendment, it requires:
• Simple Majority:
  For less critical changes (e.g., creating new states).
• Special Majority:
  For most amendments (e.g., changing fundamental rights).
• Special Majority + State Ratification: For amendments affecting federal structure (e.g., altering the
  powers of states).
3. Presidential Assent:
• Once approved by Parliament (and states, if required), the
  amendment bill is sent to the President for assent. After the President
  signs it, the amendment becomes part of the Constitution.

 

 

Types of Amendments:

The Indian Constitution provides for
three categories of amendments:

1.      Simple Majority: Certain provisions can be amended by
a simple majority of the Parliament (e.g., creation of new states, changes in
citizenship rules).

2.      Special Majority: Most provisions require a special
majority, i.e., a majority of the total membership of each House and a majority
of not less than two-thirds of the members present and voting.

3.      Special Majority + State Ratification: For amendments affecting federal
structure or state interests (e.g., changes in the distribution of legislative
powers, election of the President), ratification by at least half of the state
legislatures is required.

 

Procedure for Amendment:

o   
An
amendment can be initiated only in the Parliament (either Lok Sabha or Rajya
Sabha).

o   
The
bill must be passed by both Houses with the required majority.

o   
If
the amendment affects federal provisions, it must be ratified by the state
legislatures.

o   
After
approval, the bill is presented to the President for assent.

 

 

The Role of the Judiciary: Safeguarding the
Constitution

The Supreme
Court plays a crucial role in ensuring that amendments don’t undermine the
Constitution’s core values. In the landmark Kesavananda Bharati case
(1973), the Court introduced the Basic Structure Doctrine. This
means that while Parliament can amend the Constitution, it cannot alter its
“basic structure,” such as:

• Supremacy of the Constitution
• Secularism
• Federalism
• Judicial independence

This
doctrine acts as a safety net, preventing misuse of the amendment process.

 

Key Amendments Every UPSC Aspirant Should Know

Here’s a
quick list of some important amendments you should remember:

1. 1st Amendment (1951):
• Added the Ninth Schedule to protect land reform laws from judicial
  review.
2. 42nd Amendment (1976):
• Known as the “Mini-Constitution,” it made sweeping
  changes, including adding the words “Socialist,”
  “Secular,” and “Integrity” to the Preamble.
3. 44th Amendment (1978):
• Reversed some Emergency-era changes, restoring the balance between
  fundamental rights and directive principles.
4. 73rd and 74th Amendments (1992):
• Introduced Panchayati Raj and urban local bodies, decentralizing
  power.

 

Solve: UPSC PYQs on DPSP 

Latest Constitutional Amendment Acts

100th Constitution Amendment
Act, 2014:

Gave effect to the acquiring of certain
territories by India and transfer of certain other territories to
Bangladesh (through the exchange of enclaves and retention of adverse
possessions) in pursuance of the Land Boundary Agreement of 1974 and its
Protocol of 2011.

For this purpose, this amendment act amended the
provisions relating to the territories of four states (Assam, West
Bengal, Meghalaya and Tripura) in the First Schedule of the Constitution.

Its 119th Constitutional Amendment Bill.

 

101st Constitution Amendment
Act, 2017:

• It is Goods and Services Tax (GST).
• GST is an indirect tax (or consumption tax)
  used in India on the supply of goods and services. It is a comprehensive,
  multistage, destination-based tax: comprehensive because it has subsumed
  almost all the indirect taxes except a few state taxes.
• Its 122nd Constitutional Amendment Bill.

 

102nd Constitution Amendment
Act, 2018:

 

Its provided Constitutional status to the National
Commission for Backward Classes (NCBC) under India’s Ministry of Social
Justice and Empowerment.

Added a new Article 338B into the Constitution after
Articles 338 and 338A which deal with the National Commission for Scheduled
Castes (SC) and National Commission for Scheduled Tribes (ST) respectively.

Its 123rd Constitutional Amendment Bill.

 

103rd Constitution Amendment
Act, 2019:

• It introduced 10% reservations for Economic
  Weaker Section (EWS) for the first time in independent India.
• Amendment in Article 15 and Article 16 allows
  a 10% reservation to EWS in public employment.
• Its 124th Constitutional Amendment Bill.

 

 

104th Constitution Amendment
Act, 2019:

• This Act ceased the reservation of seats for Anglo-Indians
  in the Lok Sabha and State Legislative Assemblies and
• Extended reservations for SCs and STs for up to ten years (25
  January, 2030).
• This has amended Article 334.
• Its 126th Constitutional Amendment Bill.

 

105th Constitution Amendment
Act, 2019:

• To restores the power of the State Governments
  and Union Territories to identify and specify Socially and Economically
  Backward Classes (SEBCs).
• It amend clauses 1 and 2 of Article 342A and
  also introduce a new clause 3. The bill will also amend the Articles 366
  (26c) and 338B (9).
• Its 127th Constitutional Amendment Bill.

 

106th Constitution Amendment
Act, 2023:

Women’s Reservation Act, 2023

The Constitution (106^th Amendment) Act, 2023, reserves
one-third of all seats for women in Lok Sabha, State legislative
assemblies, and the Legislative Assembly of the National Capital Territory of
Delhi, including those reserved for SCs and STs.

 

 

Challenges and Criticisms

While
amendments are essential, they’re not without challenges:

• Political Misuse:
  Sometimes, amendments are driven by political motives rather than public
  interest. For example, the 39th Amendment (1975) placed
  the election of key officials beyond judicial scrutiny during the
  Emergency.
• Complexity: The
  dual process of special majority and state ratification can make
  amendments time-consuming and cumbersome.
• Frequent Changes:
  Critics argue that too many amendments dilute the Constitution’s sanctity.

 

Why is This Topic Important for UPSC?

Understanding
constitutional amendments is crucial for UPSC because:

• It’s a recurring theme in both Prelims and Mains.
• It helps you analyze the evolution of Indian democracy and
  governance.
• It connects to current affairs, such as recent amendments like the
  105th Amendment (2021).

 

Conclusion: The Constitution is Alive!

Constitutional
amendments are the lifeblood of the Indian Constitution. They ensure that it
remains relevant, responsive, and resilient in the face of new challenges. As a
UPSC aspirant, mastering this topic will not only help you crack the exam but
also deepen your understanding of India’s democratic framework.

So, the
next time you read about an amendment, think of it as the Constitution’s way of
saying, “I’m growing, just like you!” Keep learning, keep evolving,
and you’ll ace this topic with flying colors. Good luck!

Also Read: DPSP Notes for UPSC