Constitutional Amendments in India: Complete Theory Notes for UPSC, SSC, WBCS, PSC, Railway and Competitive Exams
Key Facts Box
- Amendment Procedure: Article 368
- Borrowed From: South Africa
- Constitution Nature: Partly Rigid and Partly Flexible
- First Amendment: 1951
- Mini Constitution: 42nd Amendment Act, 1976
Meaning of Constitutional Amendment
A Constitutional Amendment refers to any change, addition, deletion, or modification made to the provisions of the Constitution through the prescribed constitutional procedure.
Types of Amendments in India
| Type | Procedure |
|---|---|
| Simple Majority | Passed like an ordinary law |
| Special Majority | Majority of total membership + 2/3rd members present and voting |
| Special Majority + State Ratification | Special Majority plus approval by at least half of State Legislatures |
Procedure under Article 368
- Amendment Bill may be introduced in either House of Parliament.
- Prior permission of the President is not required.
- The Bill must be passed by the required majority.
- Where necessary, ratification by half of the states is required.
- The President must give assent to the Bill.
Amendments Requiring State Ratification
- Election of the President.
- Distribution of legislative powers.
- Supreme Court and High Courts.
- Representation of States in Parliament.
- Article 368 itself.
Important Constitutional Amendments
| Amendment | Significance |
|---|---|
| 1st Amendment (1951) | Added Ninth Schedule |
| 42nd Amendment (1976) | Mini Constitution |
| 44th Amendment (1978) | Right to Property removed from Fundamental Rights |
| 52nd Amendment (1985) | Anti-Defection Law |
| 61st Amendment (1989) | Voting Age reduced from 21 to 18 years |
| 73rd Amendment (1992) | Panchayati Raj |
| 74th Amendment (1992) | Urban Local Bodies |
| 86th Amendment (2002) | Right to Education |
Basic Structure Doctrine
Exam Focus Box
- Article 368 → Amendment Procedure
- 42nd Amendment → Mini Constitution
- 44th Amendment → Right to Property Removed
- 61st Amendment → Voting Age 18 Years
- Kesavananda Bharati → Basic Structure Doctrine
Quick Revision Notes
42nd → Mini Constitution
44th → Property Right Removed
52nd → Anti-Defection
61st → Voting Age 18
Most Important Points Summary
- Article 368 deals with Constitutional Amendments.
- India has a partly rigid and partly flexible Constitution.
- Some amendments require state ratification.
- 42nd Amendment is known as the Mini Constitution.
- Basic Structure Doctrine limits Parliament's amending power.
FAQ Section
Q1. Which Article deals with Constitutional Amendments?
Article 368.
Q2. Which Amendment is called the Mini Constitution?
42nd Amendment Act, 1976.
Q3. Which case established the Basic Structure Doctrine?
Kesavananda Bharati Case (1973).
Q4. Which Amendment reduced the voting age to 18 years?
61st Amendment Act, 1989.
Conclusion
The chapter on Constitutional Amendments is essential for understanding the dynamic nature of the Indian Constitution. Article 368, major amendments, and the Basic Structure Doctrine are among the most important topics for UPSC, SSC, WBCS, PSC, Railway, Banking, CTET and other competitive examinations.