UPSC GS Paper II Constitution Amendment Procedure Articles 368 Types Key Amendments

Must‑Know

• Article 368 – Empowers Parliament to amend the Constitution; specifies procedure for amendment, including special majority and, in some cases, ratification by half the state legislatures.
• Special majority under Article 368 – Requires majority of total membership of each House and not less than two-thirds of members present and voting.
• Ratification by states – Required for amendments affecting federal structure, such as election of President (Article 54–55), Supreme Court and High Courts (Articles 124, 214–231), and distribution of legislative powers (Seventh Schedule).
• 24th Amendment Act (1971) – Clarified Parliament’s power to amend any part of the Constitution, including Fundamental Rights; introduced Article 368(1) to override Golaknath (1967) judgment.
• 25th Amendment Act (1971) – Curtailed right to property (Article 31); introduced Article 31C to give precedence to Directive Principles over Fundamental Rights in certain cases.
• 42nd Amendment Act (1976) – Added words “socialist”, “secular”, and “integrity” to the Preamble; made Parliament’s amending power unlimited (later struck down); added Fundamental Duties (Part IVA).
• 44th Amendment Act (1978) – Reversed many Emergency-era changes; restored primacy of Fundamental Rights over DPSP; made declaration of Emergency subject to judicial review.
• 73rd Amendment Act (1992) – Constitutionalized Panchayati Raj Institutions; added Part IX and Eleventh Schedule; mandated regular elections and 27% reservation for women.
• 74th Amendment Act (1992) – Constitutionalized urban local bodies; added Part IXA and Twelfth Schedule; established Municipalities in cities.
• 101st Amendment Act (2016) – Introduced Goods and Services Tax (GST); added Articles 246A, 269A, 279A; established GST Council.
• 103rd Amendment Act (2019) – Enabled 10% reservation for Economically Weaker Sections (EWS) in education and public employment; amended Articles 15 and 16.
• 104th Amendment Act (2020) – Extended reservation for SCs and STs in Parliament and state legislatures by 10 years (till 2030); removed Anglo-Indian reserved seats.
• Kesavananda Bharati v. State of Kerala (1973) – Established the ‘basic structure doctrine’; held that Parliament cannot amend the basic structure of the Constitution.
• Indira Gandhi v. Raj Narain (1975) – Reinforced basic structure doctrine; struck down 39th Amendment’s immunity to election disputes of PM.
• Minerva Mills v. Union of India (1980) – Held that judicial review and balance between Fundamental Rights and DPSP are part of basic structure.
• Waman Rao v. Union of India (1981) – Clarified that basic structure doctrine applies to all amendments post-Kesavananda (24th April 1973).
• Article 3 – Empowers Parliament to form new states and alter boundaries; requires President to refer bill to affected state legislature (not binding).
• 13th Amendment Act (1962) – Created Nagaland as a state; included special provision under Article 371A.
• 52nd Amendment Act (1985) – Introduced the Tenth Schedule (anti-defection law); requires disqualification on switching parties post-election.
• 91st Amendment Act (2003) – Limited size of Council of Ministers to 15% of legislative membership; strengthened anti-defection law.
• 99th Amendment Act (2014) – Established National Judicial Appointments Commission (NJAC); struck down in Supreme Court Advocates-on-Record Assn. v. Union of India (2015).
• 100th Amendment Act (2015) – Implemented Land Boundary Agreement (LBA) with Bangladesh; exchanged enclaves and adjusted international borders.
• 86th Amendment Act (2002) – Made Right to Education a Fundamental Right under Article 21A; added Article 51A(k) on parent’s duty.
• 93rd Amendment Act (2005) – Enabled reservation in private unaided educational institutions; upheld in Ashoka Kumar Thakur v. Union of India (2008).
• 45th Amendment Act (1980) – Extended reservation for SCs and STs in legislatures by 10 years; part of a series of periodic extensions.

Difficulty Level

Intermediate – Requires understanding of procedural distinctions, landmark judgments, and interplay between amendments and judicial doctrines.

Common UPSC Traps

Trap: All Constitutional amendments require ratification by half the states – Fact: Only amendments affecting federal provisions listed in Article 368’s proviso require state ratification; most amendments pass by special majority in Parliament alone.
Trap: The Preamble was part of the original Constitution and has been amended only once – Fact: Preamble was part of the original 1950 Constitution; amended only by 42nd Amendment (1976) to add “socialist”, “secular”, “integrity”.
Trap: 42nd Amendment made Parliament’s amending power absolute – Fact: 42nd Amendment inserted clause stating Parliament has power to amend any provision, but this was struck down in Kesavananda Bharati and Minerva Mills as violating basic structure.
Trap: Fundamental Duties are enforceable by law – Fact: Fundamental Duties (Part IVA) are non-justiciable; however, some have been operationalized through laws like the Prevention of Insults to National Honour Act, 1971.
Trap: Article 368 allows amendment of any part of the Constitution – Fact: While Article 368 grants amending power, the Supreme Court in Kesavananda Bharati ruled that the ‘basic structure’ cannot be amended.

Practice MCQs

Question: Which of the following amendments added the words "socialist", "secular", and "integrity" to the Preamble of the Indian Constitution?
A) 26th Amendment Act, 1971
B) 42nd Amendment Act, 1976
C) 44th Amendment Act, 1978
D) 73rd Amendment Act, 1992
Answer: B
Explanation: The 42nd Amendment Act (1976) added the words “socialist”, “secular”, and “integrity” to the Preamble during the Emergency.
Why others fail: A) 26th Amendment abolished privy purses; C) 44th Amendment reversed Emergency excesses; D) 73rd Amendment relates to Panchayati Raj.

Question: The doctrine of 'basic structure' of the Constitution was propounded by the Supreme Court in which case?
A) Golaknath v. State of Punjab (1967)
B) Kesavananda Bharati v. State of Kerala (1973)
C) Minerva Mills v. Union of India (1980)
D) S.R. Bommai v. Union of India (1994)
Answer: B
Explanation: Kesavananda Bharati (1973) established that Parliament cannot amend the basic structure of the Constitution.
Why others fail: A) Golaknath held that Fundamental Rights cannot be amended, but was overruled on that point; C) Minerva Mills expanded the doctrine; D) S.R. Bommai dealt with secularism and President’s Rule.

Question: Which of the following Constitutional amendments introduced the Tenth Schedule (anti-defection law)?
A) 50th Amendment
B) 52nd Amendment
C) 61st Amendment
D) 73rd Amendment
Answer: B
Explanation: The 52nd Amendment Act (1985) introduced the Tenth Schedule to curb political defections.
Why others fail: C) 61st Amendment lowered voting age to 18; D) 73rd Amendment relates to Panchayats.

Question: The 101st Constitutional Amendment Act is associated with:
A) GST implementation
B) EWS reservation
C) NJAC
D) Extension of SC/ST reservation
Answer: A
Explanation: The 101st Amendment (2016) introduced GST by amending Articles 246A, 269A, and 279A, and establishing the GST Council.
Why others fail: B) EWS reservation is 103rd Amendment; C) NJAC is 99th Amendment; D) Extension of reservation is 104th Amendment.

Question: Which of the following provisions require ratification by at least half of the state legislatures for amendment?
A) Article 54 (election of President)
B) Article 75 (Council of Ministers)
C) Article 217 (appointment of High Court judges)
D) Article 243B (Constitution of Panchayats)
Answer: A
Explanation: Article 368’s proviso lists provisions like Article 54–55 (President’s election) that require state ratification; others do not.
Why others fail: B, C, D fall under special majority only; only federal provisions require ratification.

Question: The 99th Constitutional Amendment Act (2014) sought to replace the collegium system with:
A) Parliamentary Appointments Committee
B) National Judicial Appointments Commission
C) Executive Appointment Board
D) Judicial Standards Committee
Answer: B
Explanation: The 99th Amendment established NJAC; struck down in 2015 for violating judicial independence (basic structure).
Why others fail: A, C, D are not constitutional bodies created by amendment.

Question: Which amendment extended the reservation for Scheduled Castes and Scheduled Tribes in Parliament and state legislatures up to 2030?
A) 100th Amendment Act
B) 101st Amendment Act
C) 102nd Amendment Act
D) 104th Amendment Act
Answer: D
Explanation: The 104th Amendment Act (2020) extended SC/ST reservation in legislatures by 10 years (till 2030) and abolished Anglo-Indian reserved seats.
Why others fail: A) 100th relates to India-Bangladesh LBA; B) 101st is GST; C) 102nd added NCBC to Article 338B.

Last‑Minute Revision

• ⚠️ Basic structure doctrine established in Kesavananda Bharati (1973).
• 24th Amendment (1971) affirmed Parliament’s power to amend Fundamental Rights.
• 42nd Amendment (1976) – “most comprehensive”, added socialist, secular, integrity.
• 44th Amendment (1978) – Reversed Emergency excesses, restored judicial review.
• ⚠️ Ratification by 50% states required for federal provisions under Article 368 proviso.
• Special majority = majority of total membership + 2/3rd of members present and voting.
• 73rd and 74th Amendments – 1992, Panchayats and Municipalities.
• 86th Amendment (2002) – RTE as Fundamental Right under Article 21A.
• 93rd Amendment (2005) – Enabled 27% OBC reservation in aided/unaided institutions.
• 101st Amendment (2016) – GST introduced.
• 103rd Amendment (2019) – 10% EWS reservation.
• 104th Amendment (2020) – SC/ST reservation extended to 2030.
• ⚠️ NJAC (99th Amendment) struck down in 2015 – collegium system restored.
• Minerva Mills (1980) – Balance between FR and DPSP is basic structure.
• Waman Rao (1981) – Basic structure applies to amendments post-1973.
• Golaknath (1967) – FRs beyond Parliament’s amending power (overruled).
• Indira Gandhi v. Raj Narain (1975) – Basic structure upheld, election dispute immunity struck down.
• 52nd Amendment (1985) – Anti-defection law (Tenth Schedule).
• 91st Amendment (2003) – CoM size capped at 15% of legislature.
• 13th Amendment (1962) – Nagaland statehood with Article 371A.
• 100th Amendment (2015) – India-Bangladesh Land Boundary Agreement.
• ⚠️ Preamble amended only once – 42nd Amendment (1976).
• ⚠️ Fundamental Duties added by 42nd Amendment (1976), non-justiciable.
• ⚠️ Article 3 allows state reorganization; President consults state legislature (not binding).
• ⚠️ 102nd Amendment (2019) – Gave constitutional status to NCBC (Article 338B).
• Verify from standard source: Exact number of amendments as of 2023 is 106 (but UPSC often references up to 104th in standard materials).