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Amendment of the Constitution of India
Amendment of the Constitution of India means the process of making changes to the Constitution. The parliament has the authority to change the constitution under Article 368 of Part XX. The best way to understand the nature of the constitutional amendment process is to use Pandit Nehru’s insight that the Constitution shouldn’t be so rigid that it can’t be modified to meet changing requirements for national progress and strength.
In this article, we will discuss the Amendment of the Constitution of India which is an important topic of Polity subject of the UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparation.
Amendment of the Constitution of India and Provision
The Amendment of the Constitution of India is a process that is neither as simple as that in Britain (which has no written constitution and is based on convention) nor as challenging as that in the USA. The Indian Constitution is a mix of both flexibility and rigidity. The power of Parliament to modify the Constitution and its process are covered in Section 368 of Part XX of the Constitution. The method for amending the constitution is taken from the South African constitution.
The only body with the authority to modify the constitution is Parliament. According to the Supreme Court’s decision in the Kesavananda Bharati case, Parliament cannot modify the clauses that make up the fundamental framework of the constitution. (1973). There is no provision in Article 108 for a joint session in the event that both chambers of Congress disagree on a constitutional amendment bill. The president’s permission is not necessary in advance for the presentation of a constitutional change measure.
Amendment of the Constitution of India
State legislatures cannot begin a constitutional amendment process; instead, a measure must be introduced in one of the two houses of parliament. The president’s previous approval is not necessary for either a ministry or a private member to present the measure. A special majority, defined as a majority of the entire membership of the House and a majority of two-thirds of the members present and voting, is required for the bill to pass in each House.
The bill must be approved by each House separately. There is no provision for holding a joint session of the two Houses to discuss and enact the measure in the event of a disagreement between them. The measure is brought to the president for assent after being duly approved by both Houses of Parliament and, if required, the state legislatures. The bill must receive the president’s approval. He is unable to refuse to sign the law or send it back for the Parliament to reconsider. The bill becomes an Act (i.e., a constitutional amendment act) after receiving the president’s approval, and the Constitution is changed in conformity with the Act’s provisions.
Amendment of the Constitution of India List
Since its creation in 1950, the Indian Constitution has had 104 revisions as of January 2020.
S. No. | Amendments in the Constitution | Description |
1 | First Amendment Act, 1951
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2 | Constitutional (13th Amendment) Act,1963 |
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3 | Constitutional (15th Amendment) Act, 1963
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4 | The Constitution (24th Amendment) Act, 1971
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5 | The Constitution (36th Amendment) Act, 1975 |
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6 | The Constitution (42nd Amendment) Act, 1976 |
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7 | The Constitution (43rd Amendment) Act, 1978 |
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8 | The Constitution (44th Amendment) Act, 1978 |
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9 | The Constitution (52nd Amendment) Act, 1985 |
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10 | The Constitution (61st Amendment) Act, 1989 |
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11 | The Constitution (66th Amendment) Act, 1990 |
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12 | The Constitution (69th Amendment) Act, 1991 |
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13 | The Constitution (70th Amendment) Act, 1992
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14 | The Constitution (73rd Amendment) Act, 1992
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15 | The Constitution (74th Amendment) Act, 1992 |
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16 | The Constitution (78th Amendment) Act, 1995 |
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17 | The Constitution (81st Amendment) Act, 2000
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18 | The Constitution (83rd Amendment) Act, 2000
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19 | The Constitution (85th Amendment) Act, 2001
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20 | The Constitution (86th Amendment) Act, 2002 |
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21 | The Constitution (87th Amendment) Act, 2003
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22 | The Constitution (89th Amendment) Act, 2003
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23 | The Constitution (91st Amendment) Act, 2004
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24 | The Constitution (93rd Amendment) Act, 2006
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25 | The Constitution (94th Amendment) Act, 2006
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26 | The Constitution (97th Amendment) Act, 2012
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27 | The Constitution (99th Amendment) Act, 2014 |
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28 | The Constitution (100th Amendment) Act, 2015
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29 | The Constitution (101th Amendment) Act, 2017 |
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30 | The Constitution (102th Amendment) Act,2018 |
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31 | The Constitution (103th Amendment) Act,2019 |
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32 | The Constitution (104th Amendment) Act, 2020 |
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Amendment of the Constitution of India in Past
There are 105 amendment acts as of December 2021 that is made in the Indian Constitution over time. All these amendments have brought significant changes in the course of Indian Polity.
Amendment of the Constitution of India UPSC
These amendments made so far prove that the constitution of India is a living document. Many amendments have been made to adopt the change in society and needs. Yet our constitution held some basic characteristics and values which guided us throughout the past. This great blend of flexibility and rigidity is the reason for the successful survival of the constitution so far. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.