POC13 — Constitutional Amendments

The 42nd Amendment (1976) is called the "Mini Constitution" because of the sweeping changes it made: added Socialist, Secular, Integrity to Preamble; added Fundamental Duties (Art. 51A); made FRs subordinate to DPSP; added 10 new FRs; extended Parliament's term from 5 to 6 years (later reversed by 44th Amendment); transferred subjects from State to Concurrent List; made constitutional amendments non-justiciable. It remains the most comprehensive single amendment to the Constitution.

The Right to Property was removed as a Fundamental Right by the 44th Amendment (1978). It is now a legal right under Article 300A — the state cannot deprive a person of property except by authority of law, but there is no FR remedy (Art. 32 writ not available). The 25th Amendment (1971) had curtailed property rights and reduced compensation, but the 44th Amendment actually removed it from Part III (FRs) entirely.

The 101st Constitutional Amendment (2016) introduced the Goods and Services Tax (GST). It added Article 246A giving Parliament and state legislatures concurrent powers to make laws with respect to GST; created the GST Council (Art. 279A); replaced the complex web of central and state indirect taxes with a unified GST. GST was implemented from 1 July 2017.

Unlike ordinary bills (where a deadlock can be resolved by Joint Sitting under Art. 108), Constitutional Amendment Bills cannot be passed at a Joint Sitting. Each House (LS and RS) must separately pass the bill by special majority (majority of total membership + 2/3rd of members present and voting). This gives Rajya Sabha equal power on constitutional amendments — even though LS dominates on ordinary bills. If RS rejects, the amendment fails.

The 103rd Constitutional Amendment (2019) introduced 10% reservation for Economically Weaker Sections (EWS) among the general category (not SC/ST/OBC) in government jobs and educational institutions. It added Art. 15(6) and Art. 16(6). The Supreme Court upheld its validity in 2022 (5-judge bench by 3:2 majority) in the Janhit Abhiyan case.

The Anti-Defection Law was added as the 10th Schedule to the Constitution by the 52nd Constitutional Amendment (1985) during Rajiv Gandhi's government. It disqualifies legislators who voluntarily give up party membership or vote against party whip. The 91st Amendment (2003) further strengthened it — requiring 2/3rd of a legislature party to agree for a valid merger. The 61st Amendment (1988) reduced the voting age from 21 to 18.

Under Article 368, only amendments that affect federal provisions require ratification by at least half of the state legislatures — in addition to special majority in Parliament. These include: election of President, representation of states in Parliament, Art. 368 itself, 7th Schedule (3 Lists), and provisions relating to Supreme Court and High Courts jurisdiction. Amendments to FRs and the Preamble require only special majority — NOT state ratification (as held in Kesavananda Bharati).

The 9th Schedule was added by the 1st Constitutional Amendment (1951). It was created to protect land reform laws from judicial review under Fundamental Rights. Initially 13 laws were added; now it has over 280. The Supreme Court in the I.R. Coelho case (2007) held that laws added to the 9th Schedule AFTER April 24, 1973 (Kesavananda date) are subject to judicial review if they violate Basic Structure. Laws added before are fully protected.