Constitutional Amendments Every Law Student Must Know for 2026

Constitutional Amendments Every Law Student Must Know

Indian Constitution has been amended 106 times since 1950. Not all amendments are equally important — but key amendments have fundamentally shaped Indian constitutional law aur judiciary exams mein consistently questions aate hain unse. Is guide mein hum most important amendments cover karenge.

Understanding the Amendment Process — Article 368

Constitution amendment procedure: Simple majority — some provisions. Special majority (2/3 of present and voting + majority of total membership) — most provisions (Article 368). Special majority plus ratification by half the states — federal provisions. Kesavananda Bharati case — established basic structure doctrine: Parliament cannot amend basic structure of Constitution even with special majority. Basic structure includes: sovereignty, republicanism, democracy, federal character, fundamental rights, secular character, judicial review, rule of law.

1st Amendment (1951) — Fundamental Rights and Schedule

Added Ninth Schedule — laws placed in this schedule protected from judicial review (subsequent modification — IR Coelho case 2007 held that laws added after April 24, 1973 can be challenged on basic structure). Added Articles 15(4) and 16(4) — reservation for backward classes. Restricted free speech — added grounds for reasonable restrictions on Article 19(1)(a).

7th Amendment (1956) — States Reorganization

Reorganized states on linguistic basis following States Reorganization Act. Changed three-tier structure (Part A, B, C states) to simply "states" and union territories. Created linguistic states — Tamil Nadu, Maharashtra, Gujarat, etc.

13th Amendment (1962) — Nagaland

Created Nagaland as separate state with special provisions. Article 371A — special provisions for Nagaland — laws inconsistent with Naga customary laws not applicable without Nagaland assembly's resolution.

24th Amendment (1971) — Parliament's Power to Amend Fundamental Rights

Reaction to Golak Nath case — SC held Parliament cannot amend fundamental rights. 24th Amendment restored Parliament's power to amend any part of Constitution including fundamental rights. Subsequently upheld in Kesavananda Bharati but with basic structure limitation.

25th Amendment (1971) — Article 39(b) and (c)

Law giving effect to DPSP under Articles 39(b) and (c) — distribution of material resources, prevention of concentration of wealth — cannot be challenged as violating Articles 14, 19, 31. Property rights further curtailed. Part of package with 24th and 26th amendments (Mini Constitution series).

42nd Amendment (1976) — Mini Constitution

Most sweeping amendment — Indira Gandhi government during Emergency. Changes:

• Added "socialist" and "secular" to Preamble
• Extended fundamental duties — Article 51A
• Added DPSPs given precedence over fundamental rights (Articles 31C, 31D)
• Emergency provisions expanded
• Anti-national activities — Parliament given power
• Postponed elections, curtailed judicial review

Many 42nd Amendment provisions subsequently struck down or reversed by 44th Amendment.

44th Amendment (1978) — Post-Emergency Restoration

Janata Party government restored many provisions deleted/modified by 42nd Amendment:

• Right to property — removed from Part III (Fundamental Rights) — now Article 300A (legal right, not fundamental right)
• Restored emergency provisions to pre-42nd amendment position
• Modified Article 352 — National Emergency — must be on basis of written advice of Cabinet; cannot be imposed by President alone
• Right to life (Article 21) — not suspendable even during emergency
• Press freedom restrictions eased

52nd Amendment (1985) — Anti-Defection Law

Added Tenth Schedule — Anti-Defection Law. Legislators who voluntarily give up party membership, vote against party whip, or abstain despite party whip — disqualified. Exception: merger with at least 2/3 of members of legislature party. Kihoto Hollohan case — SC upheld validity of Tenth Schedule; Speaker's decision subject to judicial review on limited grounds.

61st Amendment (1988) — Voting Age

Reduced voting age from 21 to 18 years. Changed Article 326. Massive expansion of electorate — millions of youth became eligible to vote.

69th Amendment (1991) — Delhi as NCT

Delhi made National Capital Territory — special status. Article 239AA — LG, Legislative Assembly, limited powers. Ongoing controversy about division of powers between Delhi government and LG — multiple SC cases including Government of NCT of Delhi v. Union of India (2023) — services under Delhi government, not LG control, then overturned by ordinance/legislation.

73rd and 74th Amendments (1992) — Panchayats and Municipalities

Landmark amendments — gave constitutional status to local self-government.

• 73rd — Parts IX and IX-A added — Panchayati Raj Institutions
• 74th — Urban local bodies — Municipalities
• Mandatory reservation for SC/ST, OBC, women (1/3 seats for women)
• State Finance Commissions, State Election Commissions mandated
• Three-tier panchayat structure (village, intermediate, district)

76th Amendment (1994) — Tamil Nadu Reservation

Tamil Nadu Reservation Act (69% reservation) placed in Ninth Schedule — protected from judicial review. Relevant background to reservation law evolution.

86th Amendment (2002) — Right to Education

Added Article 21A — free and compulsory education for children 6-14 years — fundamental right. Also modified Article 45 (DPSP now only for early childhood care below 6). Article 51A — fundamental duty to provide opportunities for education to children. Right to Education Act 2009 passed as implementing legislation.

91st Amendment (2003) — Anti-Defection and Council of Ministers Size

Modified Tenth Schedule — removed "split" provision (previously 1/3 split was exempt from anti-defection — now only merger with 2/3). Also limited Council of Ministers size — cannot exceed 15% of total House strength (Article 75(1A), 164(1A)).

99th Amendment (2014) — NJAC (struck down)

Established National Judicial Appointments Commission (NJAC) — to replace collegium system for judicial appointments. SC in Supreme Court Advocates-on-Record Association v. Union of India (2015) — struck down 99th Amendment as violating basic structure (independence of judiciary is basic structure).

100th Amendment (2015) — Land Boundary Agreement with Bangladesh

Land Exchange Agreement with Bangladesh — exchange of enclaves. Constitutional amendment required to cede/acquire territory. Unanimous passage through Parliament.

101st Amendment (2016) — GST

Goods and Services Tax — comprehensive indirect tax reform. Added Article 246A — GST, 279A — GST Council. Subsumed many central and state taxes. Dual GST structure. Significant economic reform requiring constitutional amendment for division of taxation powers.

102nd Amendment (2018) — OBC Commission

Constitutional status to National Commission for Backward Classes. Article 338B added — NCBC with constitutional mandate.

103rd Amendment (2019) — EWS Reservation

10% reservation for Economically Weaker Sections (EWS) in educational institutions and public employment. Added proviso to Articles 15 and 16. SC in Janhit Abhiyan v. Union of India (2022) — upheld 103rd Amendment as not violating basic structure (3:2 majority). Controversial — exceeded 50% ceiling established in Indra Sawhney for the first time.

105th Amendment (2021) — OBC State List Power Restored

Restored power of states to prepare their own OBC lists after SC judgment in Maratha reservation case (2021) held only Parliament can prepare central OBC list for central reservations.

Target20 Constitutional Law

Constitutional amendments are a high-yield area — specific amendments are directly tested in prelims, and understanding amendment history is essential for mains. Target20's constitution module covers all important amendments with their political context and legal significance.

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Conclusion

Not all 106 amendments need equal attention. Focus on: 42nd and 44th (emergency era), 52nd (anti-defection), 73rd-74th (local government), 86th (right to education), 99th (NJAC — struck down), 101st (GST), 103rd (EWS reservation). These represent the most significant constitutional developments and are most frequently tested. Understanding why each amendment was made — the political and legal context — helps retain them better than mechanical memorization.