The First 40 Amendments of the Indian Constitution – A Comprehensive Overview
The First 40 Amendments of the Indian Constitution – A Comprehensive Overview
The Indian Constitution, adopted on 26 January 1950, is not a static document. It is a living framework that evolves with the changing needs of society, governance, and national priorities. This adaptability is possible through constitutional amendments, which allow changes in provisions without replacing the Constitution itself.
As of today, the Constitution has been amended more than 100 times. In this article, we take a close look at the first 40 amendments — the formative years of India’s constitutional evolution — and understand their historical context, purpose, and impact.
1st Amendment (1951)
- Introduced restrictions on freedom of speech and expression to prevent misuse against public order, security, and morality.
- Added Articles 31A & 31B to protect certain land reform laws from judicial review.
- Established the Ninth Schedule to protect agrarian reform laws from being challenged in courts.
2nd Amendment (1952)
- Changed the formula for representation in the Lok Sabha based on population.
- Removed the 750-seat limit for the House of the People.
3rd Amendment (1954)
- Adjusted Article 269 regarding the distribution of certain taxes between the Union and States.
- Clarified the definition of "state" in relation to union territories.
4th Amendment (1955)
- Restricted the right to property by enabling the state to acquire private property in the public interest.
- Expanded the Ninth Schedule with more land reform laws.
5th Amendment (1955)
- Modified the procedure for the formation of new states and alteration of boundaries under Article 3.
- Required the President to recommend such changes to Parliament.
6th Amendment (1956)
- Empowered Parliament to tax inter-state trade and commerce.
- Amended Articles 269 and 286 to facilitate the regulation of goods movement across state borders.
7th Amendment (1956)
- Implemented the States Reorganisation Act, reorganising states based on linguistic lines.
- Abolished the classification of states into Part A, B, C, and D.
8th Amendment (1960)
- Extended the reservation of seats for Scheduled Castes, Scheduled Tribes, and Anglo-Indians in legislatures for another 10 years.
9th Amendment (1960)
- Facilitated the transfer of territories to Pakistan following the Indo-Pakistan Agreement of 1958.
- Amended the First Schedule to reflect these changes.
10th Amendment (1961)
- Incorporated the Union Territory of Dadra and Nagar Haveli into India.
11th Amendment (1961)
- Changed the procedure for the election of the Vice-President.
- Clarified certain provisions regarding the Presidential election.
12th Amendment (1962)
- Incorporated Goa, Daman, and Diu into India after liberation from Portuguese control.
13th Amendment (1962)
- Created the state of Nagaland with special provisions under Article 371A.
14th Amendment (1962)
- Incorporated Puducherry into India after its integration from French rule.
- Provided special provisions for Andaman and Nicobar Islands.
15th Amendment (1963)
- Increased the retirement age of High Court judges from 60 to 62 years.
- Enabled retired judges to act as ad-hoc judges.
16th Amendment (1963)
- Required candidates for elections to swear allegiance to the Indian Constitution and uphold the sovereignty of India.
17th Amendment (1964)
- Added more land reform laws to the Ninth Schedule.
- Strengthened the protection of laws concerning agrarian reforms from judicial review.
18th Amendment (1966)
- Clarified the meaning of “state” in Article 3 regarding the creation of new states.
19th Amendment (1966)
- Removed the provision for the election tribunals.
- Transferred jurisdiction over election disputes to the High Courts.
20th Amendment (1966)
- Validated the appointment of certain judges whose selection process had procedural defects.
21st Amendment (1967)
- Added Sindhi as the 15th language in the Eighth Schedule.
22nd Amendment (1969)
- Created the autonomous state of Meghalaya within Assam (before it became a full-fledged state in 1972).
23rd Amendment (1969)
- Extended the reservation of seats for Scheduled Castes, Scheduled Tribes, and Anglo-Indians.
24th Amendment (1971)
- Made it mandatory for the President to give assent to Constitutional Amendment Bills.
- Affirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights.
25th Amendment (1971)
- Gave primacy to Directive Principles of State Policy over Fundamental Rights in certain property-related matters.
- Introduced Article 31C.
26th Amendment (1971)
- Abolished privy purses and privileges of former rulers of princely states.
27th Amendment (1971)
- Provided for the establishment of Union Territories like Mizoram and Arunachal Pradesh with legislatures.
28th Amendment (1972)
- Abolished special privileges of ICS officers and service members from the British era.
29th Amendment (1972)
- Added two Kerala land reform acts to the Ninth Schedule.
30th Amendment (1972)
- Reduced the jurisdiction of the Supreme Court in certain property matters.
31st Amendment (1973)
- Increased the Lok Sabha’s strength from 525 to 545 members.
32nd Amendment (1973)
- Granted special status to Andhra Pradesh to safeguard interests of certain regions.
33rd Amendment (1974)
- Regulated the resignation of MPs and MLAs to prevent misuse for political defection.
34th Amendment (1974)
- Added more land reform laws to the Ninth Schedule.
35th Amendment (1974)
- Granted Sikkim the status of an “Associate State.”
36th Amendment (1975)
- Made Sikkim a full-fledged state of India and amended the First Schedule.
37th Amendment (1975)
- Provided a legislative assembly for Arunachal Pradesh.
38th Amendment (1975)
- Made the President’s satisfaction in declaring an Emergency final and beyond judicial review.
39th Amendment (1975)
- Placed the election of the President, Vice-President, Prime Minister, and Lok Sabha Speaker beyond judicial scrutiny.
- Passed during the Emergency to protect then PM Indira Gandhi from legal challenges.
40th Amendment (1976)
- Placed more laws into the Ninth Schedule.
- Gave Parliament powers to fix limits on the territorial waters, continental shelf, and exclusive economic zones.
Conclusion
The first 40 amendments laid the foundation for shaping India’s political, social, and economic fabric. They reflect the challenges of nation-building — from protecting land reforms to reorganising states, from linguistic inclusion to balancing Fundamental Rights with Directive Principles. This period of constitutional history shows India’s determination to adapt its legal framework in tune with changing realities while upholding democratic principles.
Comments
Post a Comment