Latest Constitutional Amendment Acts UPSC

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