Amendment of the Constitution

Amendment of the Constitution: A Guide for UPSC Aspirants

The Indian Constitution is a living document that evolves through amendments to reflect societal changes and political necessities. Since its adoption in 1950, the Constitution has been amended several times, each change carrying significant legal and political implications. For UPSC aspirants, understanding key amendments is crucial, as they highlight pivotal moments in India’s constitutional history. This eBook focuses on seven important amendments: the 1st, 24th, 44th, 52nd, 86th, and 93rd to 106th Amendments, providing insights into their objectives, provisions, and impacts.

1st Amendment (1951)

Context: The First Amendment was introduced to address several issues related to fundamental rights, particularly free speech and property rights.

Key Provisions:

Added Article 31A and Article 31B to safeguard land reform laws from being challenged in court.
Placed laws relating to the acquisition of estates in the Ninth Schedule, protecting them from judicial review.
Introduced reasonable restrictions on freedom of speech, enabling the government to curtail seditious, defamatory, and anti-national activities.

Impact: This amendment ensured that land redistribution laws, crucial for social and economic equity, could not be easily invalidated by courts. It also balanced individual freedoms with the larger public good by regulating speech in the interest of public order, morality, and security.

24th Amendment (1971)

Context: Following the Supreme Court’s landmark Golaknath case (1967), which restricted Parliament’s power to amend fundamental rights, the 24th Amendment was enacted to reassert parliamentary authority.

Key Provisions:

Amended Article 368 to explicitly allow Parliament to amend any part of the Constitution, including fundamental rights.
Made it mandatory for the President to give assent to any Constitutional Amendment Bill passed by Parliament.

Impact: This amendment reinstated Parliament’s power to amend fundamental rights, addressing concerns about judicial overreach. It laid the foundation for the introduction of the 25th Amendment and further clarified the scope of constitutional amendments.

44th Amendment (1978)

Context: The 44th Amendment was passed to reverse many provisions of the controversial 42nd Amendment, enacted during the Emergency (1975-77), which had significantly curtailed democratic freedoms and concentrated power in the executive.

Key Provisions:

Restored the right to property as a legal right under Article 300A, rather than as a fundamental right.
Strengthened the safeguards for civil liberties by modifying the provisions related to the declaration of a national emergency under Article 352.
Reaffirmed that fundamental rights, especially Articles 20 and 21 (protection of life and personal liberty), cannot be suspended even during an emergency.

Impact: The 44th Amendment restored faith in India’s democratic framework by correcting the excesses of the 42nd Amendment and protecting citizens’ basic freedoms.

52nd Amendment (1985)

Context: The 52nd Amendment was introduced to combat the problem of political defections, which had led to instability in elected governments.

Key Provisions:

Added Tenth Schedule, also known as the Anti-Defection Law, to the Constitution.
Disqualified legislators from Parliament and State Assemblies if they defected from their political parties after being elected.

Impact: This amendment brought much-needed stability to the political system by curbing unethical political defections. It ensured party discipline and integrity within the democratic process.

86th Amendment (2002)

Context: The 86th Amendment was a progressive step towards achieving universal education in India.

Key Provisions:

Made education a fundamental right by inserting Article 21A, mandating free and compulsory education for children between 6 to 14 years.
Modified Article 45 to promote early childhood care and education.
Imposed a fundamental duty on parents to provide educational opportunities to their children, added to Article 51A.

Impact: This amendment revolutionized India’s education system by making basic education a fundamental right, thus ensuring that every child has access to quality education, which is essential for socio-economic development.

93rd Amendment (2005)

Context: The 93rd Amendment was introduced to promote social justice by ensuring equal opportunities in higher education for underprivileged sections of society.

Key Provisions:

Inserted Clause (5) in Article 15, enabling the state to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes, in educational institutions.
Extended these provisions to private unaided educational institutions, except minority institutions.

Impact: The 93rd Amendment laid the groundwork for affirmative action in higher education, including the reservation of seats in centrally funded institutions like IITs and IIMs for SCs, STs, and OBCs. It aimed to reduce educational inequalities and promote inclusivity.

101st Amendment (2016)

Context: The 101st Amendment marked a significant reform in India’s indirect tax system through the introduction of the Goods and Services Tax (GST).

Key Provisions:

Added Article 246A, giving both Parliament and State Legislatures the power to legislate on GST.
Introduced a GST Council to decide on tax rates, exemptions, and thresholds.
Replaced various indirect taxes like VAT, excise duty, and service tax with a unified GST system.

Impact: The 101st Amendment simplified India’s complex tax structure, reducing the cascading effect of taxes, promoting the ease of doing business, and fostering a unified national market.

104th Amendment (2020)

Context: The 104th Amendment dealt with the issue of reservation in legislatures and the representation of Anglo-Indian communities.

Key Provisions:

Extended the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Assemblies for another 10 years.
Discontinued the reservation of Anglo-Indian seats in the Lok Sabha and State Assemblies.

Impact: While the SC/ST reservation was extended, the discontinuation of the Anglo-Indian reservation marked a shift in electoral representation. This amendment reinforced India’s commitment to political representation for marginalized communities.

Conclusion

Understanding these key amendments is crucial for UPSC aspirants as they illustrate the dynamic nature of the Indian Constitution. Each amendment reflects the evolving needs of the nation—be it in safeguarding fundamental rights, ensuring political stability, or fostering social justice. Studying these changes will provide aspirants with a deeper insight into the Constitution’s role in shaping India’s democratic and legal framework.

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