Constitutional Amendments Compendium

A Consolidated Reference to the Amendment Acts Most Frequently Tested in UPSC

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How to Use This Chapter

Constitutional amendments are scattered across every earlier chapter (the 42nd Amendment appears in the Preamble, DPSP, Fundamental Duties, and Emergency sections; the 73rd/74th appear in Local Government; etc.). This chapter consolidates the most-tested amendments into a single chronological reference so you can revise "amendment history" as its own standalone thread, which is how UPSC often frames direct Prelims questions ("Which Amendment did X?").

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Amendment-by-Amendment Reference (Most Frequently Tested)

Amendment	Year	Key Provisions
1st	1951	Added Articles 31A, 31B (Ninth Schedule — protects specified laws from FR challenges, primarily land reform laws); added Article 15(4) (special provisions for backward classes), in response to Champakam Dorairajan
7th	1956	Reorganized states on a linguistic basis (following the States Reorganisation Act, 1956); allowed one Governor for two or more states
9th	1960	Ceded certain territory to Pakistan (implementing the Indo-Pak agreement on the Berubari Union area, following the Berubari Presidential reference)
10th	1961	Incorporated Dadra and Nagar Haveli as a Union Territory
12th	1962	Incorporated Goa, Daman, and Diu as a Union Territory
13th	1962	Formed Nagaland as a state, with special protections under Article 371A
14th	1962	Incorporated Puducherry as a Union Territory; provided for Legislative Assemblies/Councils of Ministers in certain UTs (basis for later Article 239A)
21st	1967	Added Sindhi as an official language (Eighth Schedule)
24th	1971	Affirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights (reversing Golaknath); made Presidential assent to Constitutional Amendment Bills mandatory
25th	1971	Restricted the right to property; gave precedence to Articles 39(b)/(c) DPSP over Articles 14/19 FR in specified circumstances; introduced Article 31C
26th	1971	Abolished privy purses and privileges of former rulers of princely states
31st	1973	Increased Lok Sabha's maximum elective strength from 525 to 545
36th	1975	Made Sikkim a full-fledged state of India (22nd state)
38th	1975	Made the President's "satisfaction" under Articles 352, 356, 360 final and immune from judicial review (later reversed by the 44th Amendment)
39th	1975	Placed disputes relating to the election of the President, Vice-President, Prime Minister, and Speaker beyond the purview of courts (the provision struck down in Indira Nehru Gandhi v. Raj Narain)
42nd	1976	The "Mini-Constitution" — added "Socialist," "Secular," "Integrity" to the Preamble; added Fundamental Duties (Article 51A); added Articles 39A, 43A, 48A to DPSP; gave DPSP overriding primacy over Articles 14/19 (later struck down in Minerva Mills); attempted to exclude constitutional amendments from judicial review (also struck down); extended Lok Sabha/state Assembly terms from 5 to 6 years (later reversed); curtailed judicial review powers; transferred several subjects (Education, Forests, Weights & Measures, Protection of Wild Animals and Birds, Administration of Justice) from the State List to the Concurrent List
44th	1978	Reversed several 42nd Amendment excesses — restored Lok Sabha/Assembly terms to 5 years; removed Right to Property as a Fundamental Right (now Article 300A, a legal right); replaced "internal disturbance" with "armed rebellion" as a ground for National Emergency; required written Cabinet recommendation for National Emergency; restored judicial review of Article 356 proclamations (reversing the 38th Amendment); protected Articles 20 and 21 from suspension even during a National Emergency
52nd	1985	Added the Tenth Schedule — the "Anti-Defection Law," providing for disqualification of MPs/MLAs on grounds of defection
61st	1989	Reduced the voting age from 21 to 18 years (Article 326)
69th	1991	Gave special status to the National Capital Territory of Delhi — inserted Article 239AA, providing for a Legislative Assembly and Council of Ministers
70th	1992	Included the NCT of Delhi and Puducherry's elected Assembly members in the electoral college for the President's election
73rd	1992	Gave constitutional status to Panchayati Raj Institutions — inserted Part IX (Articles 243–243O) and the Eleventh Schedule
74th	1992	Gave constitutional status to Municipalities — inserted Part IXA (Articles 243P–243ZG) and the Twelfth Schedule
76th	1994	Extended the validity of Tamil Nadu's reservation law (exceeding the 50% ceiling) beyond the Ninth Schedule's normal judicial-review immunity period
77th	1995	Inserted Article 16(4A), providing for reservation in promotion for SC/ST
86th	2002	Inserted Article 21A (Right to Education, ages 6–14, as a Fundamental Right); added the 11th Fundamental Duty (Article 51A(k) — parental duty to provide education); changed Article 45's content (now dealing with early childhood care, since elementary education moved to Article 21A)
91st	2003	Capped the size of the Union and State Councils of Ministers at 15% of the strength of the Lok Sabha/state Assembly (minimum 12 ministers for states); strengthened the Anti-Defection Law (removed the earlier exception allowing a "split" of 1/3rd of a party's members to escape disqualification)
92nd	2003	Added Bodo, Dogri, Maithili, and Santhali to the Eighth Schedule (bringing the total to 22 languages)
93rd	2005	Inserted Article 15(5), enabling reservation in private educational institutions (aided and unaided, except minority institutions)
97th	2011	Gave constitutional status to cooperative societies — inserted Part IXB (Articles 243ZH–243ZT); added "cooperative societies" as a fundamental right under Article 19(1)(c) (the "to form cooperative societies" addition) and as a DPSP under Article 43B
99th	2014	Created the National Judicial Appointments Commission (NJAC), replacing the Collegium system — struck down by the Supreme Court in 2015 (Fourth Judges Case) as unconstitutional
100th	2015	Facilitated the exchange of certain enclaves with Bangladesh (Land Boundary Agreement)
101st	2016	Introduced the Goods and Services Tax (GST) — inserted Article 246A (concurrent GST legislative power) and Article 279A (GST Council)
102nd	2018	Gave constitutional status to the National Commission for Backward Classes (NCBC) — inserted Article 338B, Article 342A, and Article 366(26C)
103rd	2019	Introduced reservation for Economically Weaker Sections (EWS), up to 10%, in education and public employment — inserted Articles 15(6) and 16(6)
104th	2019 (enforced Jan 2020)	Abolished nomination of Anglo-Indian members to the Lok Sabha and State Legislative Assemblies; extended SC/ST seat reservation in Lok Sabha and state Assemblies until 2030
105th	2021	Restored states' power to independently prepare and maintain their own list of Socially and Educationally Backward Classes (SEBCs), addressing a gap created by the 102nd Amendment (as clarified by the Supreme Court's Jaishri Laxmanrao Patil, 2021, ruling)

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Deep Dive: The 42nd and 44th Amendments — A Study in Constitutional Correction

These two amendments are so frequently paired in UPSC questions that they deserve dedicated comparative treatment.

Feature	42nd Amendment (1976)	44th Amendment (1978)
Preamble	Added "Socialist," "Secular," "Integrity"	No change
Fundamental Duties	Introduced (Article 51A)	No change
FR vs DPSP	Gave DPSP overriding primacy (later struck down in Minerva Mills)	—
Judicial review of amendments	Attempted to exclude (later struck down in Minerva Mills)	Restored (in effect, via the earlier judicial strike-down + this amendment's broader corrective spirit)
Right to Property	Not affected	Removed as a Fundamental Right (now Art. 300A)
Emergency ground	—	Changed "internal disturbance" to "armed rebellion"
Emergency declaration safeguard	—	Required written Cabinet recommendation
Article 356 judicial review	(38th Amendment, 1975, had barred it)	Restored judicial review of Article 356 (reversing the 38th Amendment)
Articles 20, 21 during Emergency	Could be suspended	Protected from suspension even during a National Emergency
Lok Sabha/Assembly term	Extended to 6 years	Restored to 5 years
Overall character	Concentrated power in the executive/Parliament; curtailed judicial oversight	Widely regarded as restorative — reversed most Emergency-era excesses

Why this pairing matters for Mains: A very common analytical question is "Discuss how the 44th Amendment addressed the excesses of the 42nd Amendment" — this table format is directly usable as an answer structure.

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Deep Dive: The Three Amendment Procedures Revisited (Cross-Reference to Chapter 11.2)

Recall from Chapter 11 that amendments fall into three procedural categories. Here is an expanded, example-rich version:

1. Simple Majority (not "amendment" under Art. 368 technically, though it changes constitutional text)

• Formation of new states, alteration of boundaries/names/areas (Art. 2–4)
• Citizenship — acquisition and termination (Art. 11)
• Delimitation of constituencies (Art. 82, 170)
• Salaries/allowances of the President, Governors, judges, CAG, etc. (specified in Second Schedule)
• Quorum in Parliament (Art. 100)
• Elections to Parliament/state legislatures, privileges of Houses/members (Art. 105, 194)
• Use of English language in Parliament/legislatures (Art. 120, 210)
• UT administration (Art. 240)
• Fifth/Sixth Schedule administration of Scheduled/Tribal Areas

2. Special Majority (Article 368 — majority of total membership + 2/3rd of those present and voting, in each House)

• Most provisions: Fundamental Rights, DPSP, and all other provisions not falling into categories 1 or 3

3. Special Majority + Ratification by at least half the state legislatures

• Election of the President (Art. 54, 55)
• Extent of executive power of Union and states (Art. 73, 162)
• Supreme Court and High Courts (Art. 124–147, 214–231)
• Distribution of legislative powers between Union and states (Seventh Schedule)
• Any of the Lists in the Seventh Schedule
• Representation of states in Parliament (Fourth Schedule)
• Article 368 itself (the amending procedure)

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Solved Example (UPSC Prelims-Format MCQ)

Q1. Consider the following statements:

1. The 42nd Amendment Act, 1976, added Fundamental Duties to the Constitution.
2. The 44th Amendment Act, 1978, restored the Lok Sabha's term to five years.
3. The 44th Amendment Act, 1978, removed the Right to Property from Part III.

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (d) — All three statements are correct.

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Practice Set (Exam-Format MCQs)

Q1. The Anti-Defection Law was introduced by which Amendment, and forms which Schedule of the Constitution? (a) 44th Amendment, Ninth Schedule (b) 52nd Amendment, Tenth Schedule (c) 61st Amendment, Eleventh Schedule (d) 91st Amendment, Twelfth Schedule Answer: (b)

Q2. The voting age in India was reduced from 21 to 18 years by which Amendment? (a) 44th Amendment (b) 52nd Amendment (c) 61st Amendment (d) 73rd Amendment Answer: (c)

Q3. Which Amendment abolished the privy purses of former princely rulers? (a) 24th Amendment (b) 25th Amendment (c) 26th Amendment (d) 31st Amendment Answer: (c)

Q4. The Sikkim state formation (as India's 22nd state) was effected by which Amendment? (a) 35th Amendment (b) 36th Amendment (c) 37th Amendment (d) 38th Amendment Answer: (b)

Q5. Which Amendment strengthened the Anti-Defection Law by removing the earlier exception allowing a "split" of 1/3rd of a party's members? (a) 52nd Amendment (b) 86th Amendment (c) 91st Amendment (d) 97th Amendment Answer: (c)

Q6. Consider the following statements:

1. The 39th Amendment sought to place the election of the Prime Minister beyond judicial review.
2. This provision was upheld by the Supreme Court in Indira Nehru Gandhi v. Raj Narain.

Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (a) — Statement 2 is incorrect; the provision was struck down, not upheld.

Q7. Which Amendment added "cooperative societies" as a subject with constitutional status, inserting Part IXB? (a) 91st Amendment (b) 97th Amendment (c) 99th Amendment (d) 101st Amendment Answer: (b)

Q8. The National Judicial Appointments Commission was created by which Amendment, and later struck down? (a) 97th Amendment (b) 99th Amendment (c) 101st Amendment (d) 103rd Amendment Answer: (b)

Q9. Which Amendment introduced reservation for Economically Weaker Sections (EWS)? (a) 97th Amendment (b) 99th Amendment (c) 102nd Amendment (d) 103rd Amendment Answer: (d)

Q10. Consider the following statements about the 42nd Amendment, 1976:

1. It transferred Education and Forests from the State List to the Concurrent List.
2. It extended the term of the Lok Sabha and state Assemblies to six years.
3. It curtailed the scope of judicial review.

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (d)

Q11. Which Amendment first gave special constitutional status to the National Capital Territory of Delhi, inserting Article 239AA? (a) 61st Amendment (b) 69th Amendment (c) 70th Amendment (d) 73rd Amendment Answer: (b)

Q12. Amending the provisions relating to the election of the President requires: (a) Simple majority only (b) Special majority only (c) Special majority plus ratification by at least half the states (d) A referendum Answer: (c)

Q13. Which Amendment restored states' power to prepare their own list of Socially and Educationally Backward Classes, following the Supreme Court's 2021 ruling in the Maratha reservation case? (a) 102nd Amendment (b) 103rd Amendment (c) 104th Amendment (d) 105th Amendment Answer: (d)

Q14. The 25th Amendment, 1971, is significant because it: (a) Removed the Right to Property entirely (b) Gave precedence to Articles 39(b)/(c) DPSP over Articles 14/19 in specified circumstances, via Article 31C (c) Introduced Fundamental Duties (d) Created the NJAC Answer: (b)

Q15. Which Amendment made the enactment of laws for altering state boundaries and names a matter requiring only simple majority (a principle already established, but frequently tested alongside amendment-type questions)? (a) This is governed by Articles 2–4 directly, not by amendment under Article 368, and has been the position since 1950 (b) 7th Amendment (c) 1st Amendment (d) 42nd Amendment Answer: (a) — A conceptual trap question: state reorganization under Articles 2–4 is a simple-majority legislative act, not technically an Article 368 "amendment" at all, even though it changes the Constitution's First Schedule.

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Chapter 13 Quick Revision Sheet

• 1st (1951): Ninth Schedule, Art. 15(4) — response to Champakam Dorairajan.
• 24th (1971): Confirms Parliament can amend FR; mandatory Presidential assent.
• 42nd (1976) "Mini-Constitution": Preamble words, Fundamental Duties, DPSP primacy (struck down), judicial review exclusion (struck down), 6-year terms (reversed).
• 44th (1978): Corrective — 5-year terms restored, Right to Property removed from Part III, "armed rebellion" ground, written Cabinet recommendation, Art. 356 judicial review restored, Arts. 20/21 protected during Emergency.
• 52nd (1985): Anti-Defection Law, Tenth Schedule.
• 61st (1989): Voting age to 18.
• 69th (1991): Delhi's special status, Art. 239AA.
• 73rd/74th (1992): Panchayats/Municipalities constitutional status.
• 86th (2002): Art. 21A (RTE), 11th Fundamental Duty.
• 91st (2003): 15% Council of Ministers cap; anti-defection loophole closed.
• 97th (2011): Cooperative societies, Part IXB.
• 99th (2014, struck down 2015): NJAC.
• 101st (2016): GST, Art. 246A/279A.
• 102nd (2018): NCBC constitutional status.
• 103rd (2019): EWS reservation.
• 104th (2019/2020): Anglo-Indian nomination abolished; SC/ST reservation extended to 2030.
• 105th (2021): States' SEBC list power restored.