Major Constitutional Amendments: Evolution of India’s Constitution

• Empowered the state to make special provisions for the advancement of socially and economically backward classes.
• Provided for the saving of laws providing for the acquisition of estates, etc.
• The first PM, Jawaharlal Nehru, added the Ninth Schedule to protect the land reforms and other laws included in it from judicial review. Afterwards, Art.31, 31A and 31B were inserted. [UPSC 2023]
• Three more grounds for restrictions on Article 19 (1) were added: Public order, Friendly relations with foreign states, and Incitement to an offence.
• The validity of the state’s move to nationalize any business or trade and the same to not be invalid on the grounds of violation of the right to trade and business.

• Extended the jurisdiction of high courts to union territories.
• Provided for the appointment of additional and acting judges of the high court.
• The provision of having a common High Court for two or more states was introduced.
• Abolition of Class A, B, C and D states and reorganized them into 14 States and 6 UTs.

• Adjustments to Indian Territory as a result of Indo-Pak Agreement 1958 with Pakistan.
• Cession of Indian territory of Berubari Union (West Bengal) to Pakistan.

• Incorporated Puducherry in the Indian Union.
• Provided for the creation of legislatures and council of ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Puducherry.

• Affirmed the power of Parliament to amend any part of the Constitution, including Fundamental rights.
• Made it compulsory for the President to give his assent to a Constitutional Amendment Bill.

• Terminated the protectorate status of Sikkim and conferred the status of an associate state of the Indian Union.
• The Tenth Schedule was added, laying down the terms and conditions of the association of Sikkim with the Indian Union.

• Made Sikkim a full-fledged State of the Indian Union and omitted the Tenth Schedule.

• Election of the President, Vice President, Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. 
• Introduced during the time of Emergency 1975–1977.

(Mini Constitution)

• Added three new words – Socialist, Secular and Integrity – in the Preamble.
• Added Fundamental Duties by the citizens (new Part IV A).
• Added four new Directive Principles viz., healthy development of children (Article 39); equal justice and free legal aid (Article 39A); the participation of workers in the management of industries (Article 43A) and protection of the environment, forests, and wildlife (Article 48A).

• Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
• Made the President declare a national emergency only on the written recommendation of the cabinet.
• Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
• Provided that the fundamental rights guaranteed by Art.20 and 21 cannot be suspended during a national emergency.

• Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard.

• Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly elections.

• Accorded a special status to the Union Territory of Delhi by designating it as the National Capital Territory of Delhi. 
• The amendment also provided for the creation of a 70-member legislative assembly and 7-member council of ministers for Delhi.

• Granted constitutional status and protection to the Panchayati Raj institutions also added a new Part-IX entitled as ‘the panchayats’ and a new ‘Eleventh Schedule’ containing 29 functional items of the panchayats.

• Granted constitutional status and protection to the urban local bodies and facilitated the addition of a new Part IX-A entitled as ‘the municipalities’ and a new ‘Twelfth Schedule’ containing 18 functional items of the municipalities.

• Extended the ban on the readjustment of seats in the Lok Sabha and the state legislative assemblies for another 25 years (i.e., up to 2026) with the same objective of encouraging population-limiting measures.

• Made elementary education a fundamental right under Article 21A.
• Changed the subject matter of Article 45 in Directive Principles
• Added a new fundamental duty under Article 51A.

• Constitutional status and protection to cooperative societies. It made the following three changes in the constitution:
  • It made the right to form co-operative societies a fundamental right (Article 19).
  • It included a new Directive Principle of State Policy on the promotion of co-operative societies.
  • It added a new Part IX-B in the constitution which is entitled “The Co-operative Societies”.

• Formation of a National Judicial Appointments Commission.
• Note: In 2015, a five judge Constitution Bench of SC by 4:1 majority upheld the collegium system and struck down the NJAC as unconstitutional.
• Justice Kehar opined: The expectation from the judiciary is to safeguard the rights of the citizens of this country, can only be ensured, by keeping it absolutely insulated and independent, from the other organs of government and the proposed NJAC violated the Independence of the Judiciary.

• Related to the Land Boundary Agreement (LBA) between India and Bangladesh.

• Introduced the Goods and Services Tax in the country from 1st July 2017.

• Constitutional status to National Commission for Backward Classes (NCBC).

• Provided a maximum of 10% Reservation for Economically Weaker Sections (EWS).

• Extended the reservation of seats for SCs and STs in the Lok Sabha and states assemblies.

• Exempted the state governments from consulting the National Commission for Backward Classes with regard to the preparation and maintenance of the list of socially and educationally backward classes (SEBCs) for their purposes.

• It reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs.