Constitutional Amendment
(Article 368): Types,
Procedure & Full List
Article 368 gives Parliament the power to amend the Indian Constitution — a process that is neither as flexible as Britain's nor as rigid as the USA's. This complete guide covers the types of amendment, the step-by-step procedure, the full list of major amendments (1st to 106th), the Basic Structure limitation, criticisms and UPSC PYQs — updated with the latest 2026 developments.
What Is a Constitutional Amendment?
A Constitutional Amendment is the process of making changes to the nation's fundamental law — the Constitution. India's amendment procedure is a deliberate synthesis of flexibility and rigidity: neither as easy as Britain's (mere legislation) nor as difficult as the USA's. This reflects the framers' intent to keep the Constitution a living, dynamic document.
- Article 368 grants Parliament the power to amend the Constitution and lays down the procedure.
- However, Parliament cannot amend the "Basic Structure" of the Constitution, as ruled by the Supreme Court in the landmark Kesavananda Bharati case (1973).
Types of Constitutional Amendment (3 Ways)
The Constitution can be amended in three ways — a favourite Prelims area:
The entrenched (federal) provisions requiring ratification by half the state legislatures include: election of the President (Arts 54, 55); extent of the executive power of the Union and States (Arts 73, 162); the Union & State judiciary; any of the lists in the Seventh Schedule; representation of states in Parliament; and Article 368 itself.
Procedure to Amend the Constitution (Step-by-Step Flowchart)
List of Major Constitutional Amendments
| Amendment | Key Provisions |
|---|---|
| 1st (1951) | Empowered the state to advance backward classes; added the Ninth Schedule to shield land-reform laws from judicial review. |
| 42nd (1976) | The "Mini Constitution" — added socialist, secular, integrity to the Preamble; added Fundamental Duties (Part IVA); made the President bound by Cabinet advice; raised Lok Sabha/Assembly term to 6 years; provided for All-India Judicial Services & tribunals (Part XIVA). |
| 44th (1978) | Restored the 5-year term; replaced 'internal disturbance' with 'armed rebellion'; made the right to property a legal right; protected Articles 20 & 21 during Emergency. |
| 52nd (1985) | Anti-Defection Law — added the Tenth Schedule. |
| 61st (1989) | Lowered the voting age from 21 to 18. |
| 69th (1991) | Gave Delhi the status of National Capital Territory with an Assembly & Council of Ministers. |
| 73rd (1992) | Panchayati Raj — added Part IX & the Eleventh Schedule. |
| 74th (1992) | Urban local bodies — added Part IXA & the Twelfth Schedule. |
| 86th (2002) | Made Right to Education a Fundamental Right (Art 21A). |
| 99th (2014) | Created the NJAC — later struck down by the Supreme Court (2015). |
Latest Constitutional Amendments (Value Addition: 100th–106th)
The source lists stop at the 99th — but several major amendments have followed. Here are the recent ones every aspirant must know:
| Amendment | Year | Key Provision |
|---|---|---|
| 100th | 2015 | India–Bangladesh Land Boundary Agreement (exchange of enclaves). |
| 101st | 2016 | Introduced the Goods and Services Tax (GST). |
| 102nd | 2018 | Gave constitutional status to the NCBC (National Commission for Backward Classes). |
| 103rd | 2019 | 10% EWS reservation for economically weaker sections. |
| 104th | 2020 | Extended SC/ST reservation in legislatures by 10 years; ended nominated Anglo-Indian seats. |
| 105th | 2021 | Restored states' power to identify their own SEBCs/OBCs. |
| 106th | 2023 | Women's Reservation (Nari Shakti Vandan Adhiniyam) — one-third seats for women in Lok Sabha, State Assemblies & Delhi Assembly. |
The 106th Amendment (2023) reserves one-third of seats for women, but its commencement was tied to a fresh Census and delimitation — so it did not apply to the 2024 election and was projected to take effect around 2029. In a key development, in April 2026 the government introduced the Constitution (131st Amendment) Bill, 2026 and the Delimitation Bill, 2026 in the Lok Sabha, proposing to bring forward the women's-reservation timeline and set up a Delimitation Commission. (These are Bills under consideration, not yet enacted — worth tracking.)
Limitations: The Basic Structure Doctrine
Parliament's amending power is not absolute. The Basic Structure doctrine, propounded in the Kesavananda Bharati case (24 April 1973), holds that Parliament cannot amend the "basic structure" of the Constitution. Amendments under Article 368 are valid only so long as they don't damage this core; the Court has also held Article 368 itself to be part of the Basic Structure.
Landmark cases on the limits of amending power
| Case | Ruling |
|---|---|
| Kesavananda Bharati (1973) | Established the Basic Structure doctrine — Parliament cannot alter the basic structure. |
| Minerva Mills (1980) | Struck down parts of the 42nd Amendment; judicial review is part of the Basic Structure and cannot be taken away. |
| L. Chandra Kumar (1997) | Tribunals (Arts 323A, 323B) cannot substitute the judicial review power of the High Courts. |
| I.R. Coelho (2007) | Parliament cannot enlarge its amending power via Art 368 to damage the Constitution's fundamentals; Ninth Schedule laws are subject to Basic Structure review. |
| NJAC / 99th Amendment (2015) | Struck down for violating independence of the judiciary, a part of the Basic Structure. |
Criticisms of the Amendment Procedure
- States can't initiate amendments: Only Parliament can (states may only request creation/abolition of a Legislative Council).
- Parliament dominates: The major part can be amended by Parliament alone; state consent is needed only in a few cases.
- No time frame for ratification: The Constitution sets no deadline for states to ratify.
- No joint sitting: There's no deadlock-resolution mechanism for amendment bills.
- Similar to ordinary legislation: Apart from the special majority, the process mirrors ordinary law-making.
Constitutional Amendments — UPSC PYQs
Q1 (Prelims 2025): For a constitutional amendment, ratification by not less than half the states is required for — (1) Union List in the Seventh Schedule; (2) Extent of the executive power of a State; (3) Conditions of the Governor's office. Answer: (a) 1 and 2 only. (The Seventh Schedule and the extent of executive power (Art 162) are entrenched; the Governor's conditions of office are not.)
Q2 (Prelims 2013): (1) An amendment can be initiated only by a bill in the Lok Sabha. (2) A federal-character amendment must be ratified by all states. Which is correct? Answer: (d) Neither 1 nor 2. (It can start in either House, and only half the states — not all — must ratify.)
Q3 (Mains 2019): "Parliament's power to amend the Constitution is a limited power and it cannot be enlarged into absolute power." Explain whether Parliament under Article 368 can destroy the Basic Structure by expanding its amending power.
Key Takeaways
- Article 368 gives Parliament the power to amend the Constitution — a blend of flexibility and rigidity.
- Three methods: simple majority, special majority, and special majority + ratification by half the states (for federal provisions).
- Procedure: bill in either House → special majority in each House (no joint sitting) → state ratification if needed → President must assent.
- The Basic Structure doctrine (Kesavananda Bharati, 1973) limits amending power; reinforced by Minerva Mills, I.R. Coelho and the NJAC verdict.
- Latest enacted amendment is the 106th (2023) — Women's Reservation; the 131st Amendment Bill, 2026 (to advance its rollout) is under consideration.
