Prelims Workshop: Polity

Batch 1 | 1-15 | Constitutional Amendment Acts

Constitutional Amendment Acts

15 Topics
Quick Navigation Index
1 44th Constitutional Amendment Act, 1978 2 52nd & 91st CAAs — Anti-Defection Law 3 86th Constitutional Amendment Act, 2002 4 89th Constitutional Amendment Act, 2003 5 61st Constitutional Amendment Act, 1988 6 42nd CAA, 1976 — Mini Constitution 7 106th CAA, 2023 — Nari Shakti Vandan Adhiniyam 8 102nd Constitutional Amendment Act, 2018 9 99th CAA, 2014 — NJAC vs Collegium 10 97th Constitutional Amendment Act, 2011 11 92nd Amendment Act, 2003 & 8th Schedule 12 129th Constitutional Amendment Bill, 2024 — ONOE 13 Constitution (J&K) ST Order Act, 2024 14 103rd Constitutional Amendment Act, 2019 15 38th & 39th Amendment Acts, 1975
TOPIC 1

44th Constitutional Amendment Act, 1978

Emergency Provisions Judicial Review
Why in News
  • 2025 marks the 50th anniversary of the 1975 Emergency (declared June 25, 1975).
  • The 44th CAA was enacted in 1978 as a direct legislative response to Emergency-era excesses, restoring constitutional safeguards curtailed by the 38th, 39th, and 42nd Amendments.
Key Facts
  • Written Cabinet recommendation to President is mandatory BEFORE Emergency proclamation under Article 352.
  • Parliamentary approval within 1 month by Special Majority is mandatory for Emergency to continue.
  • Articles 20 and 21 CANNOT be suspended even during Emergency — Article 359 restricted accordingly.
  • Article 358: Article 19 suspended ONLY during External Emergency (war/external aggression), NOT during internal disturbance.
  • Right to Property removed from Fundamental Rights; made a Constitutional Right under Article 300A.
  • Lok Sabha term restored to 5 years from 6 years.
  • Removed Article 257A regarding deployment of Union Armed Forces in States without State request.
  • Restored judicial review for election disputes concerning President and Vice-President.
Important Points
  • Art. 352: National Emergency — President can proclaim only on written recommendation of Union Cabinet (not just PM).
  • After 44th CAA, Art. 358 suspends Art. 19 only for External Emergency (war/aggression); Art. 19 NOT suspended during Internal Emergency.
  • Arts. 20 (protection against conviction) and 21 (right to life) remain enforceable even during Emergency — Art. 359 cannot cover these.
  • Art. 300A: Right to Property — Constitutional right (not Fundamental right); no person shall be deprived of property without authority of law.
  • Emergency requires approval by special majority (2/3 of members present and voting + absolute majority of total membership) within 1 month.
  • 44th CAA reversed key excesses of 38th, 39th, and 42nd CAA — considered a restoration of constitutional balance.
  • Art. 356 (President's Rule): 44th CAA requires that it be approved by Parliament every 6 months; SC can review its proclamation.
TOPIC 2

52nd & 91st Constitutional Amendment Acts — Anti-Defection Law

Tenth Schedule Parliamentary Practice
Why in News
  • In 2025, the Supreme Court intervened in the Telangana Speaker's prolonged delay in deciding disqualification petitions of 10 MLAs under the Tenth Schedule (Padi Kaushik Reddy v. State of Telangana).
  • The Court reiterated that Speakers cannot allow such petitions to lapse and must act within a definite timeframe.
Key Facts
  • 52nd CAA (1985) added the Tenth Schedule — disqualifies MP/MLA for voluntarily giving up party membership or voting against party whip.
  • Presiding Officer (Speaker/Chairman) decides disqualification; no time period was specified in the Tenth Schedule originally.
  • Kihoto Hollohan v. Zachillhu (1992): Speaker's decision under Tenth Schedule is subject to judicial review.
  • 91st CAA (2003) requires 2/3rd majority within party for merger to avoid disqualification.
  • Keisham Meghachandra Singh v. Speaker, Manipur LA (2020): Disqualification petitions to be decided within 3 months.
Important Points
  • Tenth Schedule: Two grounds of disqualification — voluntary resignation from party and voting against party whip.
  • Deciding authority: Speaker of Lok Sabha / Chairman of Rajya Sabha / Speaker of State Assembly.
  • Kihoto Hollohan (1992): Speaker's decision is final BUT subject to judicial review by HC/SC.
  • 91st CAA also limited size of Council of Ministers to 15% of lower house strength (Art. 75(1A) and Art. 164(1A)).
  • Exception for merger: Requires 2/3rd of party members to vote in favour (91st CAA changed original 1/3rd threshold).
  • Voluntarily giving up party membership is broader than formal resignation — includes any conduct implying disassociation.
  • No constitutional provision for an independent tribunal under Tenth Schedule; Presiding Officer is sole authority.
TOPIC 3

86th Constitutional Amendment Act, 2002

Right to Education Fundamental Duties
Why in News
  • Rajya Sabha nominated member Sudha Murty introduced a Private Member Resolution in 2025 proposing Article 21B to extend free and compulsory education to children aged 3–6 years under ECCE (Early Childhood Care and Education).
Key Facts
  • Inserted Article 21A: State must provide free and compulsory education to children aged 6–14 years.
  • RTE Act, 2009 enacted to operationalise Article 21A; mandates 25% seats in private unaided schools for EWS/disadvantaged children.
  • Amended Article 45 (DPSP): Changed focus from primary education to early childhood care for children below 6 years.
  • Added Article 51A(k) as Fundamental Duty: Parents/guardians to provide educational opportunities to children aged 6–14 years.
Important Points
  • Art. 21A: Right to Education is a Fundamental Right — enforceable via writs under Art. 32 (SC) and Art. 226 (HC).
  • RTE Act, 2009: 25% reservation in private unaided schools for EWS/disadvantaged; no capitation fee/screening for admission.
  • Art. 45 (as amended by 86th CAA): State to provide free and compulsory education to children below 6 years for early childhood care.
  • Art. 51A(k): Fundamental Duty of parent or guardian to provide opportunities for education between 6–14 years.
  • Samagra Shiksha: Centrally Sponsored Scheme supporting RTE implementation (60:40 Centre-State funding; 90:10 for NE states).
  • Right to Education applies from Class 1 to Class 8 (elementary education) as per RTE Act.
  • No-detention policy and free-and-compulsory education distinguish RTE from earlier voluntary frameworks.
TOPIC 4

89th Constitutional Amendment Act, 2003

NCSC NCST Constitutional Trinity
Why in News
  • The 2025 caste census announcement and debates on sub-categorisation of SC/ST reservations have renewed focus on the constitutional mandates of NCSC and NCST.
Key Facts
  • Bifurcated the earlier combined National Commission for Scheduled Castes and Scheduled Tribes (NCSCST) into two separate bodies.
  • Established National Commission for Scheduled Castes under Article 338.
  • Established National Commission for Scheduled Tribes under Article 338A.
Important Points
  • Art. 338: NCSC — Chairperson, Vice-Chairperson, and 3 other members; appointed by President.
  • Art. 338A: NCST — same composition as NCSC; established by 89th CAA (2003).
  • Powers of NCSC/NCST: Similar to Civil Court — can summon witnesses, inspect documents, receive affidavits.
  • Functions: Safeguard socio-economic/educational interests; investigate complaints; advise Central and State govts.
  • Annual reports submitted to President, which are then placed before Parliament with a memorandum of action taken.
  • Before 89th CAA: Single combined NCSCST functioned under the then Art. 338 (set up by 65th CAA, 1990).
  • 102nd CAA (2018) added Art. 338B for NCBC — completing the trinity of constitutional commissions for SCs, STs, and OBCs.
TOPIC 5

61st Constitutional Amendment Act, 1988

Universal Adult Franchise ECI
Why in News
  • In 2025, ECI's Special Intensive Revision (SIR) of electoral rolls rekindled debates on the enfranchisement of first-time voters aged 18–21.
Key Facts
  • Reduced the minimum voting age from 21 to 18 years.
  • Amended Article 326 of the Constitution — universal adult franchise now applicable to citizens aged 18+.
  • Amended Section 19 of Representation of the People Act, 1950 to align statutory qualification with constitutional change.
Important Points
  • Art. 326: Elections to Lok Sabha and State Assemblies on basis of adult suffrage (18+ after 61st CAA).
  • Before 61st CAA (1988): Voting age was 21 years — changed to 18 to bring in youth participation.
  • Section 19 of RPA, 1950: Qualifications for registration as voter — ordinarily resident in constituency, 18+ years.
  • No person can be registered in more than one constituency (RPA, 1950).
  • Art. 324: ECI administers elections and supervises electoral rolls under oversight of election laws.
  • Disqualifications from voting: Non-citizen, unsound mind, corrupt/illegal practice — governed by RPA, 1950.
TOPIC 6

42nd CAA, 1976 — Mini Constitution

Preamble Fundamental Duties Basic Structure
Why in News
  • In 2024, a Supreme Court five-judge bench dismissed petitions challenging the inclusion of 'Secular' and 'Socialist' in the Preamble, upholding them as consistent with the basic structure.
Key Facts
  • Called the "Mini Constitution" — widest constitutional amendment, made sweeping changes during the Emergency.
  • Added "Socialist" and "Secular" to Preamble; replaced "unity of the nation" with "unity and integrity of the nation".
  • Added Fundamental Duties under Article 51A — Part IVA added (10 duties).
  • Extended Lok Sabha and State Assembly terms from 5 to 6 years (later reversed).
  • Gave primacy to Directive Principles over Fundamental Rights under expanded Article 31C (later restricted).
  • Indian secularism: positive model — state maintains equidistance from all religions.
Important Points
  • 42nd CAA known as "Mini Constitution" — brought most sweeping changes; enacted during Emergency of 1975–77.
  • Added Part IVA (Art. 51A): 10 Fundamental Duties; 86th CAA later added 11th duty.
  • Art. 31C (expanded by 42nd CAA): Laws giving effect to ANY DPSP immune from FRs — struck down in Minerva Mills (1980).
  • Minerva Mills v. UoI (1980): SC restored balance between FRs and DPSPs; unlimited expansion of Art. 31C violates basic structure.
  • Arts. 368(4) and 368(5) added — claimed courts cannot question constitutional amendments; struck down by SC in Minerva Mills.
  • 86th CAA added 11th Fundamental Duty (Art. 51A(k)) — duty to provide educational opportunities to children aged 6–14.
  • Secularism is implicit in Arts. 14, 15, 16, 25, 26, 27, 28, 29, 30, and 325 even before 42nd CAA.
TOPIC 7

106th CAA, 2023 — Nari Shakti Vandan Adhiniyam

Women Reservation Delimitation
Why in News
  • The Supreme Court in 2024–25 heard petitions challenging the Act's delayed implementation clause, which is contingent on post-Census delimitation.
Key Facts
  • Inserts Article 330A (Lok Sabha) and Article 332A (State Assemblies): one-third seats reserved for women.
  • Amends Article 239AA(2) for Delhi Legislative Assembly to extend women's reservation.
  • Will come into force ONLY after next Census (post-2021) AND subsequent delimitation exercise.
  • Includes SC/ST women within the one-third quota; NO separate sub-quota for OBC women.
  • Does NOT apply to Rajya Sabha or State Legislative Councils.
  • Duration: 15 years from commencement (extendable by Parliament).
Important Points
  • Art. 330A: Reservation of seats for women in Lok Sabha (1/3rd of total seats); inserted by 106th CAA.
  • Art. 332A: Similar reservation for women in State Legislative Assemblies.
  • Art. 15(3): State can make special provisions for women and children — constitutional basis for reservation.
  • SC/ST women included within the 1/3rd quota (horizontal reservation principle within existing vertical reservation).
  • Rajya Sabha and State Legislative Councils: NOT covered under 106th CAA.
  • Earlier attempts: 81st CAA Bill (1996), 84th CAA Bill (1998), 85th CAA Bill (1999), and 108th CAA Bill (2008) — all lapsed.
  • Implementation delayed: Requires fresh Census + delimitation — no current timeline confirmed.
TOPIC 8

102nd Constitutional Amendment Act, 2018

NCBC OBC Notification
Why in News
  • The West Bengal OBC list controversy highlighted the process for OBC notification, where States can no longer directly modify the Central OBC list.
Key Facts
  • Gave constitutional status to National Commission for Backward Classes (NCBC) under new Article 338B.
  • Empowers President (on advice of Parliament) to notify Central OBC lists.
  • Before 102nd CAA: NCBC was a statutory body under National Commission for Backward Classes Act, 1993.
Important Points
  • Art. 338B: NCBC — Chairperson, Vice-Chairperson, 3 members; appointed by President; conferred constitutional status by 102nd CAA.
  • Powers of NCBC: Same as Civil Court; can investigate complaints; advise Centre and States on OBC welfare.
  • 105th CAA (2021): Restored power of States to identify OBCs for STATE list (enacted after Maratha quota controversy).
  • Mandal Commission (1980): Recommended 27% reservation for OBCs in Central govt jobs and educational institutions.
  • Separate OBC lists: Central list (maintained by NCBC) and State lists (maintained by States under 105th CAA).
  • Annual report of NCBC submitted to President → placed before Parliament.
  • Art. 16(4): State can make provision for reservation in appointments for inadequately represented backward classes.
TOPIC 9

99th CAA, 2014 — NJAC vs Collegium

Judiciary NJAC Collegium
Why in News
  • In 2025, the Chief Justice of India indicated that the Supreme Court might reconsider the 2015 NJAC ruling, reigniting debate on collegium transparency.
Key Facts
  • 99th CAA introduced NJAC to replace the collegium; struck down by SC in Fourth Judges Case (2015).
  • First Judges Case (1981): Executive primacy; CJI opinion not binding.
  • Second Judges Case (1993): CJI to consult 2 senior SC judges; CJI primacy established.
  • Third Judges Case (1998): CJI to consult 4 senior SC judges; formal Collegium system established.
  • "Consultation" in Article 124 = "concurrence" per SC interpretation.
Important Points
  • Art. 124(2): SC judges appointed by President after consultation with CJI + Collegium.
  • Collegium for SC: CJI + 4 senior-most SC judges; for HC: CJI + 2 senior-most SC judges + Chief Justice of relevant HC.
  • NJAC (99th CAA): 6-member body including Law Minister and 2 eminent persons; struck down in 2015.
  • Ground for striking down NJAC: Inclusion of executive and eminent persons violated judicial independence (Basic Structure).
  • Judicial independence = basic structure: cannot be abridged even through constitutional amendment.
  • Memorandum of Procedure (MoP): Not yet finalised; governs collegium process pending SC directive.
  • Art. 217: Appointment of HC judges — by President in consultation with CJI, Governor, and Chief Justice of HC.
TOPIC 10

97th Constitutional Amendment Act, 2011

Cooperatives Part IXB
Why in News
  • The Ministry of Cooperation (established July 2021) has been actively pushing cooperative-sector reforms aligned with Part IXB.
Key Facts
  • Added Part IXB (Articles 243ZH to 243ZT) for Cooperative Societies.
  • Amended Article 19(1)(c) to include the right to form cooperative societies as a Fundamental Right.
  • Inserted Article 43B (DPSP): State to promote voluntary formation and democratic control of cooperatives.
  • 97th CAA was partly struck down by SC (2021) regarding State cooperatives due to lack of State ratification.
Important Points
  • Art. 19(1)(c): Right to form associations or unions — includes right to form cooperative societies.
  • Art. 43B (DPSP): State shall endeavour to promote voluntary formation and autonomous functioning of cooperatives.
  • Part IXB covers: Board composition, elections, audit, and dissolution of cooperatives.
  • 97th CAA struck down (partially) by SC (2021) — Parliament cannot bypass State List Entry 32 without State ratification.
  • Multi-State Cooperative Societies: Governed by central legislation (2002 Act).
  • Ministry of Cooperation (2021): Dedicated ministry created for cooperative sector governance.
  • Urban cooperative banks and primary agricultural credit societies regulated under RBI and NABARD frameworks.
TOPIC 11

92nd Amendment Act, 2003 & 8th Schedule

Languages Classical Status
Why in News
  • In 2024, the Government granted Classical Language status to Marathi, Pali, Prakrit, Assamese, and Bengali, taking the total to 11.
Key Facts
  • 92nd Amendment (2003) added Bodo, Dogri, Maithili, Santhali to Eighth Schedule — total now 22 languages.
  • English is NOT included in the Eighth Schedule.
  • Benefits of inclusion: Translation in Parliament, UPSC exam medium, developmental funds.
Important Points
  • Art. 344(1): President shall constitute an Official Languages Commission at 5-year intervals to review Hindi development.
  • Art. 351: Directive for development of Hindi language as link language.
  • Eighth Schedule: Originally 14 languages in 1950; currently 22 after successive amendments.
  • Classical Language criteria: Rich literary tradition over 1,500 years; ancient scripts; independent tradition.
  • Classical Languages (11): Tamil, Sanskrit, Kannada, Telugu, Malayalam, Odia, Marathi, Pali, Prakrit, Assamese, Bengali.
  • Demands pending: Kokborok (Tripura), Bhojpuri — not yet granted Eighth Schedule status.
  • Eighth Schedule languages get UPSC exam paper option; inclusion requires a constitutional amendment.
TOPIC 12

Constitution (129th Amendment) Bill, 2024 — ONOE

ONOE Federalism Elections
Why in News
  • The 129th Constitutional Amendment Bill was introduced in Lok Sabha in December 2024, based on the Kovind High-Level Committee Report.
Key Facts
  • Phase I: Simultaneous Lok Sabha and State Assembly elections; Phase II: Local body elections within 100 days.
  • Amendments required: Articles 83, 85, 172, 174, 356; State ratification needed for Article 172.
  • Mechanism: Common electoral roll; fresh elections for residual terms if a government falls mid-term.
Important Points
  • Art. 83: Duration of Houses of Parliament — Lok Sabha 5 years; can be extended during National Emergency.
  • Art. 85: President can summon, prorogue, or dissolve Lok Sabha.
  • Art. 172: Duration of State Legislatures — 5 years from first sitting.
  • Art. 174: Governor can summon, prorogue, or dissolve State Legislative Assembly.
  • Art. 356: President's Rule — currently allows mid-term elections in States; ONOE would limit this.
  • Law Commission 170th Report (1999): First formal official recommendation for simultaneous elections.
  • First General Elections (1951–52): Lok Sabha + all State Assemblies held simultaneously — ONOE was the original practice.
TOPIC 13

Constitution (J&K) ST Order Act, 2024

J&K Scheduled Tribes
Why in News
  • Enacted in 2024 for post-reorganisation integration of Jammu & Kashmir, adding new communities to the ST list.
Key Facts
  • Adds Gujjars, Bakerwals, Gaddi, and Sippi communities to the Scheduled Tribe list of Jammu & Kashmir.
  • Part of post-2019 J&K Reorganisation Act integration to update constitutional orders for the UT.
Important Points
  • Art. 341: President specifies Scheduled Castes for each State/UT; subsequent changes only by Parliament.
  • Art. 342: President specifies Scheduled Tribes; subsequent inclusions/exclusions only by Parliament.
  • ST list is State/UT-specific — a community may be ST in one State but not in another.
  • J&K Reorganisation Act, 2019: J&K bifurcated into UT of J&K (with legislature) and UT of Ladakh (without legislature).
  • After reorganisation: Presidential orders for SC/ST lists of J&K had to be separately updated for the new UT.
  • National Commission for Scheduled Tribes (Art. 338A): Monitors ST interests and investigates complaints.
  • Provisions of PESA and Forest Rights Act apply to STs after inclusion.
TOPIC 14

103rd Constitutional Amendment Act, 2019

EWS Reservation
Why in News
  • The 10% EWS reservation is in its active implementation phase (2023–25) following Janhit Abhiyan guidelines.
Key Facts
  • Inserts Article 15(6) and Article 16(6) for EWS reservation (up to 10%) in education and government posts.
  • Upheld by Supreme Court in Janhit Abhiyan v. UoI (2022) with a 3:2 majority.
  • 10% EWS reservation is OVER AND ABOVE the existing 50% cap.
  • EWS eligibility: Annual family income < ₹8 lakh; excludes SC/ST/OBC categories.
Important Points
  • Art. 15(6): State to make provisions for admission in educational institutions for EWS — up to 10%; added by 103rd CAA.
  • Art. 16(6): EWS reservation in government appointments up to 10%.
  • Indra Sawhney v. UoI (1992): 50% ceiling on reservations; EWS 10% adds ABOVE this cap (total can reach 60%).
  • Janhit Abhiyan (2022): SC upheld 103rd CAA; held that EWS reservation does not violate equality code or basic structure.
  • Dissenting view (Justices Bhat & Trivedi): Exclusion of SC/ST/OBC from EWS is discriminatory.
  • First constitutional amendment to introduce "Economically Weaker Sections" as a separate category.
  • EWS covers only General Category (Forward Classes); SC/ST/OBC have independent reservation provisions.
TOPIC 15

38th & 39th Amendment Acts, 1975

Emergency Era Tyranny of Majority
Why in News
  • 2025 marks the 50th anniversary of the 1975 Emergency, where these amendments serve as examples of constitutional overreach.
Key Facts
  • 38th Amendment (1975): Barred judicial review of Emergency proclamations; made Presidential satisfaction "final and conclusive".
  • 39th Amendment (1975): Placed elections of President, VP, PM, and Speaker beyond judicial scrutiny.
  • Vested power to adjudicate election disputes for high offices in a Parliament-constituted body rather than the SC.
  • Both were largely reversed by the 44th CAA, 1978.
Important Points
  • 38th CAA: Presidential/Governor satisfaction under Art. 352, 356, 360 was made "final and conclusive" — barred judicial review.
  • 39th CAA added 9th Schedule entries immunising election laws from judicial challenge — nullified Allahabad HC verdict.
  • Raj Narain v. Indira Gandhi (1975): Allahabad HC set aside PM's election — triggered Emergency and 39th CAA.
  • 44th CAA (1978) restored judicial review of Emergency proclamation and SC jurisdiction over high office elections.
  • Both amendments exemplify "tyranny of majority" — led SC to develop the Basic Structure doctrine as a check.
  • Art. 368: Constitutional amendment power cannot be used to destroy the basic structure — core holding of Kesavananda Bharati.
  • Emergency period (1975–1977): A key event that tested constitutional safeguards and is a frequent UPSC topic.

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