Indian Polity — Major Constitutional Amendments at a Glance

Figure 1: Major Constitutional Amendments and the Basic Structure Doctrine are frequently tested in UPSC Preliminary and Mains examinations.

1. Constitutional Amendment Acts (CAA)

Amendment	Description
1st CAA, 1951	Empowered the state to make special provisions for the advancement of socially and economically backward classes. Provided for the saving of laws providing for the acquisition of estates, etc. The first PM, Jawaharlal Nehru, added the Ninth Schedule to protect the land reforms and other laws included in it from judicial review. Articles 31, 31A and 31B were inserted. [UPSC 2023] Three more grounds for restrictions on Article 19(1) were added: Public order, Friendly relations with foreign states, and Incitement to an offence. The validity of the state's move to nationalise any business or trade shall not be invalid on the grounds of violation of the right to trade and business.
7th CAA, 1956	Extended the jurisdiction of high courts to union territories. Provided for the appointment of additional and acting judges of the high court. The provision of having a common High Court for two or more states was introduced. Abolition of Class A, B, C and D states and reorganised them into 14 States and 6 UTs. Article 153 provides that there shall be a Governor for each State. A proviso was added to remove any possible technical bar to appoint a Governor for two or more States.
9th CAA, 1960	Adjustments to Indian Territory as a result of Indo-Pak Agreement 1958 with Pakistan. Cession of Indian territory of Berubari Union (West Bengal) to Pakistan.
14th CAA, 1962	Incorporated Puducherry in the Indian Union. Provided for the creation of legislatures and council of ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry.
16th CAA, 1963	Expanded government authority to limit free speech and assemblies for national unity and safety. Required oaths of office to include commitments to India's unity.
24th CAA, 1971	Affirmed the power of Parliament to amend any part of the Constitution, including Fundamental Rights. Made it compulsory for the President to give his assent to a Constitutional Amendment Bill.
25th CAA, 1971	Limited the right to property and protected laws under Article 39(b) or (c) from challenges based on Articles 14, 19, and 31.
26th CAA, 1971	Abolished the privy purses and privileges of the former rulers of princely states.
35th CAA, 1974	Terminated the protectorate status of Sikkim and conferred the status of an associate state of the Indian Union. The Tenth Schedule was added, laying down the terms and conditions of the association of Sikkim with the Indian Union.
36th CAA, 1975	Made Sikkim a full-fledged State of the Indian Union and omitted the Tenth Schedule.
39th CAA, 1975	Election of the President, Vice President, Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. Introduced during the time of Emergency 1975–1977. [UPSC 2019]
42nd CAA, 1976 (Mini Constitution)	Added three new words - Socialist, Secular and Integrity - in the Preamble. Added Fundamental Duties by the citizens (new Part IV-A). Added four new Directive Principles viz., healthy development of children (Article 39); equal justice and free legal aid (Article 39A); the participation of workers in the management of industries (Article 43A) and protection of the environment, forests, and wildlife (Article 48A). DPSPs vs. Rights: Established DPSPs as superior to Fundamental Rights. Elections: Delayed delimitation of constituencies until the 2001 census. Parliament: President was obligated to follow the cabinet's advice; unrestricted amendment powers. Judiciary: Limited Supreme Court's review powers; amendments became immune to challenges. [UPSC 2019] Federalism: Shifted five subjects to the Concurrent List (Education, Forests, Weights & Measures, Protection of Wild Animals and Birds, & Administration of Justice). Emergency Provisions: Allowed localised emergencies; extended President's rule to one year.
43rd CAA, 1977	Restored the original position of the High Courts; now the HC is considered as the principal civil courts of original jurisdiction in each state and union territory, thus they shall have the jurisdiction to declare any central law to be constitutionally invalid. [UPSC 2019]
44th CAA, 1978	Replaced the term 'internal disturbance' by 'armed rebellion' in respect of national emergency. Made the President declare a national emergency only on the written recommendation of the cabinet. Deleted the right to property from the list of Fundamental Rights and made it only a legal right. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency. [UPSC 2020]
52nd CAA, 1985	Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a Tenth Schedule containing the details in this regard. 91st CAA (2001): Strengthened anti-defection laws by removing exceptions for splits.
61st CAA, 1989	Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections.
69th CAA, 1991	Accorded a special status to the Union Territory of Delhi by designating it as the National Capital Territory of Delhi. Provided for the creation of a 70-member legislative assembly and 7-member council of ministers for Delhi.
73rd CAA, 1992	Granted constitutional status and protection to the Panchayati Raj institutions. Added a new Part-IX entitled as 'The Panchayats' and a new Eleventh Schedule containing 29 functional items of the panchayats.
74th CAA, 1992	Granted constitutional status and protection to the urban local bodies. Added a new Part IX-A entitled as 'The Municipalities' and a new Twelfth Schedule containing 18 functional items of the municipalities.
84th CAA, 2001	Extended the ban on the readjustment of seats in the Lok Sabha and the state legislative assemblies for another 25 years (i.e., up to 2026) with the same objective of encouraging population-limiting measures.
86th CAA, 2002	Made elementary education a fundamental right under Article 21A. Changed the subject matter of Article 45 in Directive Principles. Added a new fundamental duty under Article 51A.
89th CAA, 2003	Bifurcated the erstwhile combined National Commission for Scheduled Castes and Scheduled Tribes into two separate bodies: National Commission for Scheduled Castes (Article 338) National Commission for Scheduled Tribes (Article 338A)
97th CAA, 2011	Constitutional status and protection to cooperative societies. Made the following three changes: Made the right to form co-operative societies a Fundamental Right (Article 19). Included a new Directive Principle of State Policy on the promotion of co-operative societies (Article 43B). Added a new Part IX-B entitled "The Co-operative Societies".
99th CAA, 2014	Formation of a National Judicial Appointments Commission (NJAC). Note: In 2015, a five-judge Constitution Bench of SC by 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional. [UPSC 2019]
100th CAA, 2015	Related to the Land Boundary Agreement (LBA) between India and Bangladesh.
101st CAA, 2017	Introduced the Goods and Services Tax (GST) in the country from 1st July 2017.
102nd CAA, 2018	Constitutional status to National Commission for Backward Classes (NCBC) — Article 338B.
103rd CAA, 2019	Provided a maximum of 10% Reservation for Economically Weaker Sections (EWS). Introduced Articles 15(6) and 16(6), granting up to 10% reservation for EWS among non-OBC and non-SC/ST groups in admissions and government jobs, excluding minority-run institutions. This amendment was upheld by a Supreme Court bench with a 3:2 majority.
104th CAA, 2020	Extended the reservation of seats for SCs and STs in the Lok Sabha and state assemblies until 2030. Discontinued special representation for the Anglo-Indian community.
105th CAA, 2021	Exempted the state governments from consulting the National Commission for Backward Classes with regard to the preparation and maintenance of the list of socially and educationally backward classes (SEBCs) for their own purposes.
106th CAA, 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.

2. Evolution of Basic Structure Doctrine

CONTEXT

The Basic Structure Doctrine is a judicially innovative doctrine which is neither defined under the Constitution nor defined by the Supreme Court or any other court. Various judgments of the Supreme Court form the bedrock of the Basic Structure Doctrine. [UPSC 2020]

• Basic Structure encompasses basic and core values which form the bedrock of the Indian Constitution.
• Basic Structure cannot be amended by Parliament under Article 368.
• Present Position: Under Article 368, Parliament can amend any part of the Constitution, including the Fundamental Rights, but without affecting the 'basic structure' of the Constitution.
• The Supreme Court has yet to define or clarify what constitutes the 'basic structure' of the Constitution.

Landmark Judgments on Basic Structure Doctrine

Case	Year	Key Contribution
Shankari Prasad Case	1951	Parliament has the power to amend Fundamental Rights under Article 368.
Golaknath Case	1967	Parliament cannot amend Fundamental Rights; Fundamental Rights are transcendental.
Kesavananda Bharati Case	1973	Parliament can amend any part of the Constitution but cannot alter the Basic Structure. Propounded the Basic Structure Doctrine.
Indira Nehru Gandhi Case	1975	Applied the Basic Structure Doctrine to invalidate the 39th Amendment.
Minerva Mills Case	1980	Judicial review and balance between FRs and DPSPs are part of Basic Structure.
Waman Rao Case	1981	Laws placed in the Ninth Schedule before 24th April 1973 are protected from judicial review; those after are subject to review.
I.R. Coelho Case	2007	All laws placed in the Ninth Schedule after 24th April 1973 are open to judicial review. [UPSC 2018, 2019]

Elements of Basic Structure (Judicially Recognised)

• Supremacy of the Constitution
• Rule of Law
• Separation of Powers
• Judicial Review
• Federalism
• Secularism
• Republic and Democratic Form of Government
• Sovereignty of India
• Free and Fair Elections
• Welfare State (Socialist principles)
• Independent Judiciary
• Unity and Integrity of India

KNOWLEDGE NUGGET

• The Basic Structure Doctrine was propounded in the Kesavananda Bharati Case (1973) by a 13-judge bench with a 7:6 majority.
• The doctrine acts as a constitutional check on Parliament's amending power under Article 368.
• The Supreme Court has not provided an exhaustive list of what constitutes the Basic Structure.
• The 42nd Amendment (1976) attempted to make amendments immune from judicial review, but this was struck down in Minerva Mills Case (1980).

3. Summary: Major Amendments at a Glance

Amendment	Key Feature	Year
1st CAA	Ninth Schedule added; Land reforms protected	1951
7th CAA	Reorganisation of States; Common High Courts	1956
24th CAA	Parliament's power to amend FRs; President's compulsory assent	1971
26th CAA	Abolition of Privy Purses	1971
36th CAA	Sikkim became full-fledged State	1975
42nd CAA	Mini Constitution; Socialist, Secular, Integrity; FD; DPSP superiority	1976
44th CAA	Right to Property removed from FR; Internal disturbance → Armed rebellion	1978
52nd CAA	Anti-Defection Law (Tenth Schedule)	1985
61st CAA	Voting age reduced to 18 years	1989
73rd CAA	Panchayati Raj (Part IX, Eleventh Schedule)	1992
74th CAA	Municipalities (Part IX-A, Twelfth Schedule)	1992
86th CAA	Right to Education (Article 21A)	2002
97th CAA	Cooperative Societies (Part IX-B, Article 43B)	2011
101st CAA	Goods and Services Tax (GST)	2017
103rd CAA	10% EWS Reservation (Articles 15(6) & 16(6))	2019
106th CAA	33% Women's Reservation in Lok Sabha & State Assemblies	2023

Key Takeaways for UPSC

• 1st CAA (1951): Ninth Schedule added; land reforms protected from judicial review. [UPSC 2023]
• 24th CAA (1971): Affirmed Parliament's power to amend FRs; President's assent made compulsory.
• 42nd CAA (1976): 'Mini Constitution' — Added Socialist, Secular, Integrity; Fundamental Duties; DPSPs superior to FRs. [UPSC 2019]
• 44th CAA (1978): Removed Right to Property from FRs; 'internal disturbance' replaced with 'armed rebellion'. [UPSC 2020]
• 52nd CAA (1985): Anti-Defection Law (Tenth Schedule).
• 61st CAA (1989): Voting age reduced to 18 years.
• 73rd & 74th CAA (1992): Panchayats & Municipalities granted constitutional status.
• 86th CAA (2002): Right to Education under Article 21A.
• 97th CAA (2011): Cooperative societies — Part IX-B, Article 43B.
• 103rd CAA (2019): 10% EWS Reservation — upheld with 3:2 majority.
• 106th CAA (2023): 33% Women's Reservation in Lok Sabha & State Assemblies.
• Basic Structure Doctrine: Kesavananda Bharati Case (1973) — Parliament cannot alter Basic Structure. [UPSC 2020]

High-Yield Interactive UPSC Quiz (Major Constitutional Amendments & Basic Structure)

Q1. Which Constitutional Amendment added the Ninth Schedule to the Constitution?

Correct Answer: B. The Ninth Schedule was added by the 1st Constitutional Amendment Act, 1951, to protect land reforms and other laws from judicial review. [UPSC 2023]

Q2. Which amendment is known as the 'Mini Constitution' of India?

Correct Answer: C. The 42nd Constitutional Amendment Act, 1976 is known as the 'Mini Constitution' for its extensive changes. It added Socialist, Secular, Integrity to the Preamble, Fundamental Duties, and more. [UPSC 2019]

Q3. The Right to Property was removed from the list of Fundamental Rights by which amendment?

Correct Answer: B. The 44th Constitutional Amendment Act, 1978 removed the Right to Property from the list of Fundamental Rights and made it a legal right under Article 300A.

Q4. Which amendment introduced the Anti-Defection Law in India?

Correct Answer: C. The 52nd Constitutional Amendment Act, 1985 introduced the Anti-Defection Law and added the Tenth Schedule to the Constitution.

Q5. The voting age was reduced from 21 years to 18 years by which amendment?

Correct Answer: C. The 61st Constitutional Amendment Act, 1989 reduced the voting age from 21 years to 18 years for elections to the Lok Sabha and state legislative assemblies.

Q6. Which amendment granted constitutional status to Panchayati Raj institutions?

Correct Answer: B. The 73rd Constitutional Amendment Act, 1992 granted constitutional status to Panchayati Raj institutions and added Part IX and the Eleventh Schedule.

Q7. The Basic Structure Doctrine was propounded in which landmark case?

Correct Answer: C. The Basic Structure Doctrine was propounded in the Kesavananda Bharati Case, 1973 by a 13-judge bench with a 7:6 majority. It limits Parliament's power to amend the Constitution. [UPSC 2020]

Q8. Which amendment introduced the Goods and Services Tax (GST) in India?

Correct Answer: C. The 101st Constitutional Amendment Act, 2017 introduced the Goods and Services Tax (GST) in India, effective from 1st July 2017.

Q9. The 103rd Constitutional Amendment Act, 2019 provides for:

Correct Answer: C. The 103rd Constitutional Amendment Act, 2019 provides a maximum of 10% reservation for Economically Weaker Sections (EWS) through Articles 15(6) and 16(6). It was upheld by the Supreme Court with a 3:2 majority.

Q10. The 106th Constitutional Amendment Act, 2023 provides for:

Correct Answer: C. The 106th Constitutional Amendment Act, 2023 reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of NCT Delhi, including those reserved for SCs and STs.