Amendment of Indian Constitution: Key Reforms Shaping India's Evolution (1950–2025)

The amendment of Indian Constitution is the formal process by which Parliament alters constitutional provisions to respond to evolving social, economic, and political realities while preserving core constitutional values. This process is anchored in Article 368, which lays down the power, procedure, and thresholds for constitutional change in India. As of 2025, there are 106 Constitutional Amendment Acts in force, with the most recent enacted amendment being the 106th Amendment on women’s reservation passed in 2023 and notified thereafter. A new constitutional change, the Constitution (113th) Bill, 2025- has been introduced and referred to a Joint Parliamentary Committee but is not yet law, which means it does not add to the total count of enacted amendments.​

Why amendments matter?

​Constitutional amendments ensure that India’s basic law remains responsive to contemporary needs while maintaining stability through rigorous procedural safeguards. They have enabled structural reforms like Panchayati Raj and GST, expanded rights and representation such as EWS and women’s reservation, and clarified federal balances through measures like restoring states’ role in identifying backward classes. For civil service exams, understanding types, procedure, landmark cases, and major amendments is essential, as questions frequently test both conceptual depth and factual accuracy.​

What is a constitutional amendment?

​A constitutional amendment is a law passed using the special procedures of Article 368 to alter the text of the Constitution, often involving special majority thresholds and sometimes ratification by the states for federal provisions. The object is to allow a living Constitution to adapt to changing circumstances without constant judicial or political instability. Once a constitutional amendment bill has been duly passed and, where needed, ratified, the President’s assent is mandatory and cannot be withheld or returned.​

Who can amend and how?

​Parliament (both Lok Sabha and Rajya Sabha) has the power to amend the Constitution under Article 368, and a constitutional amendment bill may be introduced in either House by a minister or a private member. There is no provision for a joint sitting if the Houses disagree on a constitutional amendment bill, which ensures independent concurrence of both Houses. If the amendment affects federal features such as the distribution of powers or the representation of states, ratification by at least one-half of the state legislatures is required before the bill is presented for presidential assent.​

How many amendments exist today

​India has 106 Constitutional Amendment Acts in force, counting from the First Amendment of 1951 to the 106th Amendment on women’s reservation enacted in 2023. Official legislative repositories and standard UPSC references align with this total for current exam preparation.

Amendment Act versus Amendment Bill

​A constitutional amendment bill is a proposal introduced in Parliament, while a Constitutional Amendment Act is the final, enacted change after meeting all constitutional requirements and receiving presidential assent. Only enacted Acts are counted in the official total of constitutional amendments, which stands at 106 as of 2025.​

Key Components of the Basic Structure Doctrine

1. Supremacy of the Constitution
   • The Constitution stands as the supreme law of the land. Any law or amendment violating its essential features is liable to be struck down.
   • Minerva Mills Ltd. v. Union of India (1980): The Supreme Court held that limited amending power is part of the Constitution’s basic structure. Parliament cannot destroy or damage the framework of the Constitution.
2. Rule of Law
   • This implies that all individuals and authorities within India are bound by and accountable to the law.
   • In Indira Nehru Gandhi v. Raj Narain (1975), the Supreme Court struck down the 39th Amendment that insulated the Prime Minister’s election from judicial review, as it violated the principle of the rule of law.
3. Separation of Powers
   • The Constitution demarcates the powers of the Legislature, Executive, and Judiciary to maintain checks and balances.
   • L. Chandra Kumar v. Union of India (1997): Asserted that judicial review is part of the basic structure and cannot be ousted by the legislature.
4. Judicial Review
   • The power of the judiciary to review laws and executive actions for their constitutionality.
   • In S.R. Bommai v. Union of India (1994), the Supreme Court held that the imposition of President’s Rule is subject to judicial review, preserving democratic governance.
5. Federalism
   • Federal structure ensures a division of power between the Centre and the States.
   • Kuldip Nayar v. Union of India (2006): Though the court upheld the validity of amendments to the Representation of the People Act, it reiterated the significance of state representation in federalism.
6. Secularism
   • India recognizes all religions equally without favoring or discriminating against any.
   • In S.R. Bommai (1994), the Court affirmed that secularism is a basic feature, and any anti-secular activity by the state is unconstitutional.
7. Democracy and Free & Fair Elections
   • Ensures representative governance based on universal adult franchise and fair electoral processes.
   • Indira Nehru Gandhi v. Raj Narain (1975): The Court ruled that electoral integrity is essential to the democratic structure and struck down clauses that infringed on this principle.
8. Sovereignty and Unity of India
   • The idea that India remains a sovereign, united, and indivisible nation.
   • Amendments threatening national integrity or secessionism would fall foul of this principle.
9. Dignity of the Individual and Liberty
   • The basic structure protects fundamental rights, especially Article 21 (the Right to Life and Liberty).
   • In Maneka Gandhi v. Union of India (1978), the Court widened the interpretation of Article 21, integrating due process and personal liberty into the basic structure.

Evolution and Expansion of the Doctrine

• Minerva Mills v. Union of India (1980): The Court ruled that harmony between fundamental rights and Directive Principles is essential, and Parliament’s power is not absolute.
• Waman Rao v. Union of India (1981): Laws inserted in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure.
• I.R. Coelho v. State of Tamil Nadu (2007): Reiterated that even laws placed in the Ninth Schedule post-Kesavananda must respect the basic structure.

Additionally, amendments like the 74th Amendment of Indian Constitution empowered local governance through municipalities, while the 105th Amendment of Indian Constitution reaffirmed the rights of states in preparing the SEBC (Socially and Educationally Backward Classes) list. These are among the important amendments of Indian Constitution that have furthered social justice and decentralization.

In summary, the Basic Structure Doctrine acts as the constitutional compass, ensuring that amendment of Indian Constitution aligns with India’s democratic, secular, and federal ethos. It balances flexibility in governance with rigidity in principle, preserving the soul of the Constitution while allowing necessary evolution.

Amendment of Indian Constitution: Procedure (Article 368)

Article 368 details the amendment procedure of Indian Constitution, ensuring constitutional changes are made with due deliberation and consensus. This article provides a flexible and rigid framework that is flexible enough to adapt to emerging needs and inflexible enough to safeguard core principles. This balance is a hallmark of Indian constitutionalism and plays a key role in preserving the country’s fundamental rights and federal framework.

Step-by-Step Process Under Article 368

Initiation of the Amendment Bill

• An amendment of Indian Constitution begins with introducing a constitutional amendment bill in either the Lok Sabha or the Rajya Sabha.
• Only a Minister or Member of Parliament (MP) can initiate the bill; private members cannot propose constitutional amendments.

Special Majority Requirement

• The bill must be passed by a majority of the House’s total membership and by a two-thirds majority of members present and voting.
• This dual condition ensures a wider consensus than ordinary legislation, safeguarding the sanctity of the Constitution and any changes related to fundamental rights or federal structure.

No Joint Sitting

• If the Houses disagree, Article 108 does not provide for a joint sitting. This reinforces the requirement for separate approval from both Houses during the amendment procedure of Indian Constitution.

Presidential Assent

• Once both Houses pass the bill with a special majority, it is presented to the President of India.
• Unlike ordinary bills, the President cannot withhold or return a constitutional amendment bill for reconsideration.
• The President is constitutionally bound to grant assent under Article 368(2).

State Ratification (When Required)

• Certain amendments affecting federal features (like the representation of states in Parliament, distribution of powers, or the judiciary) require ratification by at least half of the state legislatures.
• This ensures that the amendment of Indian Constitution respects the federal structure and that changes involve both the Centre and the States.

Three Types of Constitutional Amendments in India

The important amendments of Indian Constitution can be classified into three distinct types, each defined under Article 368 and based on the scope and impact of the proposed change. These methods ensure flexibility for routine changes while preserving federal integrity and core constitutional values.

1. Amendment by Simple Majority of Parliament

This type of amendment is not governed by Article 368 but still forms part of the broader amendment procedure of Indian Constitution. A simple majority refers to a majority of members present and voting in either house of Parliament. It is the least rigid of the three types.

Provisions amended by simple majority include:

• Formation of new states or alteration of existing state boundaries (e.g., formation of Telangana in 2014)
• Delimitation of constituencies
• Salaries and allowances of Members of Parliament
• Quorum requirements in Parliament
• Use of official languages
• Creation or abolition of Legislative Councils in states

These are not considered important amendments of Indian Constitution but still play a functional role in governance.

2. Amendment by Special Majority of Parliament (Under Article 368(2))

This is the most common and significant method for important amendments of Indian Constitution and applies to substantial constitutional changes.

Requirements for special majority:

• A majority of the total membership of each House of Parliament, and
• Two-thirds of the members present and voting in both Houses.

Provisions amended by this method include:

• Fundamental rights
• Directive Principles of State Policy (DPSPs)
• Powers and structure of the Union and State legislatures
• Matters relating to elections to Parliament and State legislatures
• The official language of the Republic

Example: The 42nd Amendment of Indian constitution, 1976, one of the important amendments of Indian Constitution, passed during the Emergency, significantly changed several parts of the Constitution, including the Preamble and Directive Principles, using this method.

3. Amendment by Special Majority of Parliament with State Ratification (Under Article 368(2))

Some constitutional provisions that affect the federal structure require a special majority in Parliament and the approval of at least 50% of the state legislatures.

Such provisions include:

• Election of the President
• Extent of the executive powers of the Union and the states
• Powers and jurisdiction of the Supreme Court and High Courts
• Distribution of legislative powers between the Centre and States (Seventh Schedule)
• Representation of states in Parliament

Important Amendments of the Indian Constitution

Amendments	Provisions
1st Constitutional Amendment 1951	It also introduced the Ninth Schedule to the Indian Constitution, which describes central and state laws unchallengeable in court.
42nd Amendment Act of 1976	– Three new terms were added to the Preamble: integrity, socialist, and secular. – It amended the Constitution to include Fundamental Duties (new Part IVA).
44th Amendment Act of 1978	It restored the State Governments’ authority to designate Socially and Educationally Backward Classes (SEBCs).
61st Amendment Act of 1988	The voting age was lowered from 21 to 18 years old.
73rd Amendment Act of 1992	The State must offer free and obligatory education to all children between six and fourteen.
74th Amendment Act of 1992	It established the Urban Local Body provisions, giving Municipal Corporations and Municipalities more authority.
86th Amendment Act of 2002	Introducing the Panchayati Raj Institutions provisions aimed to decentralize power to the local level.
97th Amendment Act of 2011	The cooperative societies now have constitutional status and protection thanks to this amendment.
101st Amendment Act of 2016	The comprehensive indirect tax reform known as the Goods and Services Tax (GST) was announced to facilitate economic integration and streamline the tax structure.
102nd Amendment Act of 2018	It granted the National Commission for the Backward Classes Constitutional Status.
103rd Amendment Act of 2019	10% of reservations are made for economically weaker sections (EWS).
104th Amendment Act of 2020	It provides that members of Scheduled Castes and Scheduled Tribes will have reserved seats in the Lok Sabha and State Legislative Assemblies until January 25, 2030.
105 Amendment of Indian Constitution	It restored the State Governments’ authority to designate Socially and Educationally Backward Classes (SEBCs).
106 Amendment of Indian Constitution	In the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, it reserves one-third of all seats for women, including those designated for SCs and STs.

Process of Amendment

Here’s a simple overview of how amendments to bills in Parliament are proposed and processed, especially within the framework of the amendment of Indian Constitution:

• Introduction of a Bill: A constitutional amendment bill can be introduced in either the Lok Sabha or the Rajya Sabha by a minister or a private member.
• Parliamentary Approval: The bill requires passage in both Houses of Parliament by a special majority a majority of the total membership and two-thirds of those present and voting.
• State Ratification (if required): If the amendment affects federal provisions, such as the distribution of powers or state representation, approval from at least half of the state legislatures is mandatory.
• Presidential Assent: After Parliamentary approval and state ratification (where necessary), the bill is sent to the President, who must give assent. The amendment then officially becomes part of the Constitution.

Debate and Voting

Here’s a simple overview of the process for debating and voting on amendments in Parliament, which is a crucial part of the amendment of Indian Constitution:

• Proposing Amendments: Any Member of Parliament (MP) or Peer can suggest changes to a bill. These changes need to be written down and submitted to the Clerk of the House.
• Presenting the Amendment: After submission, the amendment is formally introduced for consideration. Copies are shared with all members so they can read them.

Debate:

• Committee Stage: The bill is examined closely during this stage. Each bill part is discussed, and MPs can propose changes to specific sections. This is where detailed discussions take place. Major provisions like those introduced in the 74th Amendment of Indian Constitution, which added constitutional status to municipalities, are often refined here.
• Report Stage: After the committee stage, the bill and any changes are reviewed again. More amendments can be suggested and discussed.
• Debate Rules: Each amendment has specific rules for debating. Usually, supporters and opponents have a set amount of time (like five minutes) to share their views.

Voting:

• Voice Vote: An initial voice vote is taken, in which members say “yes” or “no” to express their support or opposition.
• Division: If the voice vote result is unclear, a division is called. Members then move to different parts of the chamber to cast their votes, which are counted.
• Electronic Voting: In some places, electronic voting systems are used to quickly and accurately count votes.

Moving to the Other House: If the bill started in the House of Commons, it goes to the House of Lords, and vice versa. The other House can suggest additional amendments that both Houses must agree on.

Final Approval: Once both Houses agree on the bill’s final version, including all changes, it is sent for the President’s Assent and becomes law. This is especially crucial in the case of a constitutional amendment bill impacting provisions like fundamental rights or involving the 105th Amendment of Indian Constitution, which reaffirmed state rights in listing backward classes.

This structured process ensures that all proposed changes are carefully considered before being included in the final legislation, especially for important amendments of Indian democracy.

Importance of Article 368 of the Indian Constitution

Article 368 is the backbone of India’s constitutional flexibility. It provides the exclusive procedure for amending the Constitution, ensuring changes are made through broad consensus rather than ad hoc decisions. It balances stability with adaptability, allowing reforms while protecting core constitutional values.

It empowers Parliament to address evolving social, economic, and political needs, yet acts as a gatekeeper that preserves the basic structure of the Constitution. Without Article 368, the Constitution would be either too rigid to reform or too fluid to retain its identity.

Key aspects of Article 368:

• Democratic legitimacy: Requires a special majority in both Houses; some changes also need ratification by at least half the states.
• Federal protection: State ratification is mandatory for amendments affecting Centre–State relations or state representation.
• Presidential role: The President cannot withhold or return a duly passed constitutional amendment bill; assent is mandatory.
• Three-tier system: Amendments occur by simple majority (outside Article 368), special majority, or special majority with state ratification- enabling reforms from institutional design to decentralization.

 First Amendment of Indian Constitution (1951)

• Context: Early judicial rulings and urgent policy needs (especially land reforms and social justice) prompted clarifications to rights and state powers.
• Key changes:
  • Inserted Article 15(4), enabling the state to make special provisions for socially and educationally backward classes, SCs, and STs.
  • Added Articles 31A and 31B and the Ninth Schedule to protect land reform and related laws from being struck down.
  • Tightened Article 19(1)(a) by adding “reasonable restrictions” grounds such as public order and friendly relations with foreign states, and clarified on incitement.
• Impact: Balanced fundamental rights with socio-economic transformation, launched the Ninth Schedule mechanism (later made reviewable against the basic structure), and set the template for rights–reform reconciliation in subsequent amendments.

The Latest Amendment in the Indian Constitution

The latest amendment of Indian Constitution as of April 2025 is the Waqf (Amendment) Act, 2025, which received presidential assent on April 5, 2025. This constitutional amendment bill modifies the Waqf Act of 1995 and aims to improve the administration of waqf properties in India.

Key Features of the Waqf Amendment Act 2025

• Presidential Assent: After receiving the President’s approval, the amendment became effective on April 8, 2025.
• Objective: The primary goal of the amendment is to enhance the management and administration of waqf properties, ensuring better governance and accountability.
• Provisions:
  • It introduces measures to streamline the processes related to the registration and management of waqf properties.
  • The amendment aims to empower waqf boards with more authority to oversee and regulate waqf properties effectively.
• Impact: This amendment is expected to improve transparency and efficiency in administering waqf properties, benefiting the communities that rely on these assets.

Background of the Waqf Act

The original Waqf Act was enacted in 1995 to provide a legal framework for administering waqf properties in India. The Act aims to protect the interests of the waqf properties and ensure that they are used for the intended charitable purposes.

Conclusion

The process for the amendment of the Indian Constitution, governed by Article 368, provides a remarkable balance between stability and progress. It allows the nation’s foundational law to adapt to contemporary challenges while safeguarding its core principles through the Basic Structure doctrine. This blend of flexibility and rigidity ensures that the Constitution remains a living document, reflecting the evolving will of the people while preserving the democratic, secular, and federal ideals upon which India was built.

Read More:-

• Salient Features of the Indian Constitution: An Overview
• Preamble of Indian Constitution | A Brief Overview
• Constituent Assembly of India: An Overview
• 105 Amendment of the Indian Constitution
• Schedules of Indian Constitution
• Differences Between Lok Sabha and Rajya Sabha

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