Polity · X-Factor Notes
Constitutional Amendments revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Basis | Article 368 in Part XX of the Constitution grants the power to the Parliament to amend the Constitution. | UPPCS (Mains) 2008, U.P.P.S.C. (GIC) 2010 |
| Nature of Constitution | The Indian Constitution is a mixture of rigidity and flexibility. | UPPCS (Mains) 2012 (on flexibility/rigidity) |
| Methods of Amendment | The Constitution can be amended in three ways: Simple majority, Special majority (Art. 368), and Special majority plus ratification by half of the state legislatures (Art. 368). | U.P. Lower Sub. (Pre) 2004, UPPCS (Mains) 2007 |
| Initiation of Bill | A Constitutional Amendment Bill can be introduced in either House of the Parliament (Lok Sabha or Rajya Sabha). | U.P.U.D.A./L.D.A. (Pre) 2013 |
| Special Majority Passage | Must be passed by each House separately by a special majority (majority of total membership of that house and 2/3rd majority of members present and voting). | UPPCS (Mains) 2007 |
| Joint Sitting | There is no provision for the joint sitting of the houses for a Constitutional Amendment Bill. | |
| Subjects Requiring State Ratification | Amendments concerning federal provisions, such as the Election of the President, Representation of the States in Parliament, or any list in the 7th Schedule, require ratification by at least half of the state legislatures. | U.P. Lower Sub. (Pre) 2004 |
| Presidential Assent (24th Amendment) | The 24th Amendment Act, 1971, affirmed Parliament's power to amend any part of the Constitution and made it compulsory for the President to give assent to a Constitutional Amendment Bill. | |
| Simple Majority Amendments | Amendments regarding the admission or establishment of new states or alteration of names, area, boundaries, etc., are made by simple majority and are not included under Article 368. |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Basic Structure Doctrine | Refers to the fundamental features of the Constitution that are not subjected to Constitutional Amendment. | UPPCS (Mains) 2002 |
| Landmark Case | The doctrine was propounded by the Supreme Court in the famous Keshavananda Bharati case (1973). | UPPCS (Pre) 2022, U.P.P.S.C. (R.I.) 2014, UPPCS (Pre) 2024 |
| Prior Limitation on Amendment Power |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| 1st Amendment (1951) | Added Articles 31(a) and 31(b) and the 9th Schedule to the Constitution. Related to the protection of agrarian reforms. | UPPCS (Mains) 2009 |
| 25th Amendment (1971) | Provided that no law passed to give effect to DPSP (Art. 39(b) & (c)) shall be void on the ground that it abridges rights conferred by Articles 14 and 19. | UPPCS (Mains) 2009 |
| 42nd Amendment (1976) |
| The Supreme Court first limited the power of Parliament to amend the Constitution in the case of Golaknath Vs. The State of Punjab (1967). |
| UPPCS (Mains) 2002 |
| Chronology of Cases/Acts | The sequence of major events/cases is: Golak Nath Case (1967), 24th Constitution Amendment Act (1971), Keshavanand Bharti Case (1973), 42nd Constitution Amendment Act (1976). | UPPCS (Pre) 2021, UPPCS (Pre) 2024 |
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| Termed as the "Mini-Constitution". Added "Socialist," "Secular," and "Integrity" to the Preamble. Added Fundamental Duties (Part IV-A). Transferred subjects like Education from the State List to the Concurrent List. |
| U.P. P.C.S. (Mains) 2017, UPPCS (Mains) 2013, U.P. Lower Sub. (Pre) 2008, UPPCS (Pre) 1991, U.P. Lower Sub. (Pre) 2003, UPPCS (Spl) (Mains) 2008, UPPCS (Mains) 2009, UPPCS (Pre) 2017 (Involving Art. 14, 19) |
| 44th Amendment (1978) | Abolished the Right to Property as a Fundamental Right and made it a Legal Right (Article 300-A). Empowered the President to send back advice for reconsideration by the Council of Ministers. | UPPCS (Pre) 2024 (Re-Exam) |
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| 52nd Amendment (1985) | Related to the Anti-defection law (added the Tenth Schedule). | UPPCS (Mains) 2008, U.P. U.D.A./L.D.A. (Pre) 2006, UPPCS (Pre) 2024 |
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| 58th Amendment (1987) | Authorized the publication of the authoritative text of the Constitution in Hindi. | U.P.R.O./A.R.O. (Pre) 2016 |
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| 61st Amendment (1988/89) | Reduced the voting age from 21 years to 18 years. | UPPCS (Mains) 2010, UPPCS (Mains) 2007, UPPCS (Spl) (Mains) 2008 |
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| 69th Amendment (1991) | Gave Delhi the status of National Capital Territory (NCT). | UPPCS (Mains) 2009, U.P. Lower Sub. (Pre) 2015, UPPCS (Pre) 2022 |
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| 73rd & 74th Amendments (1992) | Constitutional status to Panchayati Raj (73rd) and Municipalities (74th). | UPPCS (Pre) 2024 (In context of Local Governance Institutions), UPPCS (Mains) 2012, U.P.P.C.S (Pre) 2010, UPPCS (Pre) 2022 |
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| 86th Amendment (2002) | Inserted Article 21A, making Right to Education (for ages 6 to 14 years) a Fundamental Right. | UPPCS (Pre) 2024 (Year of implementation) |
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| 89th Amendment (2003) | Bifurcated the combined National Commission for SCs/STs into two separate bodies (Art. 338 and new Art. 338A for STs). | UPPCS (Pre) 2013 |
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| 91st Amendment (2003) | Limited the size of the Council of Ministers (at the Centre and State levels) to 15% of the total strength of the Lok Sabha/State Legislative Assembly. | U.P. P.C.S. (Mains) 2017, UPPCS (Mains) 2004 |
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| 92nd Amendment (2003) | Added Bodo, Dogri, Maithili, and Santhali languages to the Eighth Schedule. |
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| 96th Amendment (2011) | Renamed the language Oriya to Odia in the 8th Schedule. | UPPCS (Pre) 2024 (Year of implementation) |
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| 97th Amendment (2011) | Gave Constitutional status and protection to Co-operative Societies (added Art. 43B and Part IX-B, amended Art. 19(1)(c)). | UPPCS (Mains) 2016 |
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| 101st Amendment (2016) | Related to the introduction of GST (Goods and Services Tax). |
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| 104th Amendment (2019) | Ended the provision for nomination of Anglo-Indian members to Lok Sabha and State Legislative Assemblies (Arrangements ceased on Jan 25, 2020). |
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| 105th Amendment (2022) | Clarifies that states can maintain the 'state list' of OBCs. |
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