Complete detailed Notes on Constitution of India for BPSC and Other Competitive Exams in 2025
Indian Polity- 9
Here are detailed and exam-focused notes on Important Constitutional Amendments and Recent Constitutional Developments.
Notes on Constitution of India
Amendments & Recent Constitutional Developments
Constitutional Amendments – Overview
- Article 368 of the Indian Constitution deals with the process of constitutional amendment.
- India has adopted a flexible + rigid method.
- Till 2024, over 105 Amendments have been made to the Constitution.
1. 42nd Constitutional Amendment Act, 1976
(“Mini Constitution” – during Emergency)
| Feature | Details |
| Enacted by | Indira Gandhi government during Emergency |
Key Provision
- Preamble changed: “Sovereign Democratic Republic” → “Sovereign Socialist Secular Democratic Republic”
- Fundamental Duties (Article 51A) added
- Made DPSPs superior to Fundamental Rights (Art 39(b), (c))
- Duration of Lok Sabha/State Assemblies extended from 5 to 6 years
- Judiciary curtailed: Limited powers of judicial review
- Article 368: Amendment procedure made non-justiciable
- Administrative tribunals introduced (Article 323A)
Most controversial amendment; curbed judicial independence.
2. 44th Constitutional Amendment Act, 1978
(Restored democracy after Emergency)
| Feature | Details |
| Enacted by | Janata Government |
Key Provision
- Restored 5-year term for Lok Sabha & Assemblies
- Article 21 (Right to life): Made non-suspendable even in Emergency
- Property Right: Removed from FRs, made a legal right (Art 300A)
- President can declare emergency only on written advice of Cabinet
- Article 352 (Emergency): Required written approval of President and periodic parliamentary review
- Safeguards against misuse of Article 356 (President’s Rule)
This amendment was a corrective step to protect constitutional democracy.
3. 73rd Constitutional Amendment Act, 1992
(Rural Local Self-Government – Panchayati Raj)
| Feature | Details |
| Added | Part IX, Articles 243–243O |
| Introduced | Three-tier Panchayati Raj system |
Key Features
- Gram Sabha (Article 243A)
- Reservation for SC/ST/Women (33%)
- State Election Commission (Article 243K)
- State Finance Commission (Article 243I)
- 11th Schedule – 29 subjects under PRIs
Strengthened grassroots democracy and decentralized governance.
4. 74th Constitutional Amendment Act, 1992
(Urban Local Self-Government – Municipalities)
| Feature | Details |
| Added | Part IX-A, Articles 243P–243ZG |
Key Features
- Formation of Municipal Corporations, Municipalities, Nagar Panchayats
- Reservation for SC/ST/Women (33%)
- Ward Committees in cities with population >3 lakh
- 12th Schedule – 18 subjects (urban planning, water, slum improvement etc.)
Ensured urban governance reforms and democratic decentralization.
5. 86th Constitutional Amendment Act, 2002
(Right to Education)
| Feature | Details |
| Inserted | Article 21A – Right to Education |
Key Features
- Made free and compulsory education a Fundamental Right for children aged 6–14 years
- Amended Article 45 to focus on early childhood care (0–6 years)
- Added Article 51A(k) – Duty of parents to educate children
Led to enactment of RTE Act, 2009.
6. 101st Constitutional Amendment Act, 2016
(Goods and Services Tax – GST)
| Feature | Details |
| Implemented | 1 July 2017 |
Key Provisions
- Introduced one indirect tax across India: GST
- Empowered Parliament and States to make laws on GST
- GST Council (Article 279A) created for cooperative federalism
- Article 246A – Both Centre and States can legislate on GST
- Subsumed taxes like VAT, excise, service tax, etc.
Landmark reform for tax unification and economic integration.
Recent Constitutional Developments (Post-2016)
A. Jammu & Kashmir Reorganisation Act, 2019
- Article 370 abrogated in August 2019.
- J&K became two Union Territories:
- Jammu & Kashmir (with legislature)
- Ladakh (without legislature)
- Article 35A was also nullified.
B. 103rd Amendment Act, 2019 (EWS Reservation)
- Provides 10% reservation for Economically Weaker Sections (EWS) in:
- Jobs
- Education (excluding minority institutions)
- Applies to General Category, without affecting SC/ST/OBC quotas.
Constitutionally upheld by Supreme Court in 2022 (5-judge bench, 3:2 majority).
C. Citizenship (Amendment) Act – CAA, 2019
- Fast-tracks Indian citizenship to non-Muslim minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan.
- Applies to migrants who entered India on or before 31 Dec 2014.
- Criticized for being discriminatory on religious grounds.
D. Important Supreme Court Judgments
| Case Name | Key Outcome |
| Kesavananda Bharati (1973) | Propounded Basic Structure Doctrine – Parliament can’t alter core features |
| Maneka Gandhi (1978) | Expanded Article 21 – Personal liberty = Fair procedure + Reasonableness |
| S.R. Bommai (1994) | Curb on misuse of Article 356 (President’s Rule); federalism is a basic feature |
| Navtej Singh Johar (2018) | Decriminalized Section 377 (LGBT rights) |
| Shayara Bano Case (2017) | Declared Triple Talaq unconstitutional |
| K.S. Puttaswamy Case (2017) | Recognized Right to Privacy as a Fundamental Right under Article 21 |
| Union of India v. Lok Prahari (2018) | Declared right to know candidates’ criminal record as a fundamental right |
| Supreme Court Judgment (2023) | Appointments to Election Commission to be done by committee (PM, CJI, LoP) |
| SC Verdict on 103rd Amendment (2022) | Upheld EWS quota as constitutional, not violative of basic structure |
Quick Revision Table – Important Amendments
| Amendment | Year | Key Feature |
| 42nd | 1976 | Mini Constitution; curbed judiciary; added Fundamental Duties |
| 44th | 1978 | Restored democracy; limited emergency powers |
| 73rd | 1992 | Panchayati Raj (rural local bodies) |
| 74th | 1992 | Municipalities (urban local bodies) |
| 86th | 2002 | Right to Education (Art 21A) |
| 101st | 2016 | GST introduced, GST Council created |
| 103rd | 2019 | 10% EWS reservation |
| 104th | 2020 | Removed Anglo-Indian reservation in LS/SL |
Potential Questions
Prelims
- What was added to the Preamble by the 42nd Amendment?
→ Socialist, Secular, Integrity - Which Article was inserted by 86th Amendment?
→ Article 21A (Right to Education) - GST Council is mentioned under which Article?
→ Article 279A - Which case established the Basic Structure Doctrine?
→ Kesavananda Bharati Case (1973)
Mains
- Discuss the significance of the 73rd and 74th Constitutional Amendments in the context of decentralization of governance.
- “The 42nd Amendment Act attempted to centralize Indian democracy; the 44th reversed it.” Elaborate.
- Analyze the constitutional and legal challenges surrounding the Citizenship Amendment Act (CAA), 2019.
Know your system