Constitutional Amendments

Subject: Polity | Unit: Constitution Basics | Topic: Constitutional Amendments Exam: AP Group 2 (APPSC) Prerequisites: Schedules and Articles

Introduction

The power to amend the Constitution ensures that it remains a living document, adaptable to changing needs while preserving its core identity. Article 368 provides the procedure for amendment, and over 106 amendments have been made since 1950. The tension between Parliament's amending power and the judiciary's power to protect the Basic Structure forms one of the most important themes in Indian constitutional law.

Historical Context / Constitutional Background

The framers deliberately created a Constitution that was neither too rigid (like the American Constitution) nor too flexible (like the British Constitution). Article 368 provides three different levels of amendment difficulty depending on the provision being amended. The landmark Kesavananda Bharati case (1973) established that while Parliament can amend any provision, it cannot destroy the Basic Structure of the Constitution.

Core Content

Amendment Procedure (Article 368)

• Article 368 is in Part XX of the Constitution
• Amendment can be initiated only in Parliament (not state legislatures)
• Can be introduced by a minister or a private member — no prior permission of President needed
• The bill must be passed in each House separately (no joint sitting for amendment bills)
• The President must give assent — cannot withhold or return for reconsideration

Three Types of Amendments

Landmark Cases on Amendments

Important Amendments — Complete Table

Basic Structure Doctrine — Elements Identified

1. Supremacy of the Constitution
2. Republican and democratic form of government
3. Secular character
4. Separation of powers
5. Federal character
6. Sovereignty of India
7. Unity and integrity of the nation
8. Parliamentary system
9. Judicial review
10. Rule of law
11. Harmony between FR and DPSP
12. Free and fair elections
13. Limited amending power

Key Articles Table

Andhra Pradesh Connection

• 32nd Amendment (1973): Added Articles 371D and 371E specifically for Andhra Pradesh
• Article 371D: Special provisions for AP — President may provide equitable opportunities in public employment and education
• Article 371E: Establishment of a Central University in AP
• AP Reorganisation Act 2014: Divided AP into AP and Telangana (Act of Parliament under Article 3, not a constitutional amendment)
• 104th Amendment (2019): Extended SC/ST reservations — directly relevant to AP's significant SC/ST population

Key Points Summary

1. Article 368 (Part XX) provides the power and procedure for amendment
2. Amendment bills can be introduced by any MP — no President's prior permission needed
3. No joint sitting for Constitutional Amendment Bills
4. President must give assent — cannot withhold or return
5. Three types: simple majority, special majority, special majority + state ratification
6. Golaknath (1967): Parliament cannot amend FR — reversed by 24th Amendment
7. Kesavananda Bharati (1973): Basic Structure cannot be altered
8. 42nd Amendment (1976) = "Mini Constitution" — most changes in one amendment
9. 44th Amendment (1978) = "Antidote" — reversed many 42nd Amendment changes
10. 52nd Amendment (1985) = Anti-Defection Law (10th Schedule)
11. 73rd and 74th Amendments (1992) = Panchayats and Municipalities
12. 86th Amendment (2002) = Right to Education (Art 21A)
13. 101st Amendment (2016) = GST
14. 103rd Amendment (2019) = 10% EWS reservation
15. 106th Amendment (2023) = 33% women's reservation
16. I.R. Coelho (2007): 9th Schedule laws can be reviewed if they violate basic structure
17. 32nd Amendment: Article 371D for AP-specific provisions

Exam Strategy

Key Terms Glossary