What Are The Important Amendments In The Indian Constitution?

Introduction

The Constitution of India is the topmost legislation in the country. It provides a framework of laws for administration, specifies the roles and functions of different organs of the State and gives chances to citizens to enjoy the Fundamental Rights and work in accordance with their obligations. But no Constitution remains unchanged forever. The reason for changes is that the society evolves and new legal, social, political, and economic issues manifest which require the Constitution to be changed.

Through constitutional amendments, Parliament is granted power to introduce changes to certain laws of the Constitution, but keeping the core principles of democracy intact. Since the Constitution was accepted on January 26, 1950, it has undergone more than a hundred amendments in order to fulfil the needs of the country.

Recently, there have been many important amendments that have led to better reservation policies, representation in legislative bodies, and power of States. The knowledge of these amendments helps citizens realize the way constitutional changes impact the governance, education, employment, and democratic representation.

What is a Constitutional Amendment?

The constitutional amendment refers to formal change made to Constitution through procedure prescribed as per Article 368. The amendment may:

• Insert new constitutional provisions;

• Modify existing Articles;

• Repeal obsolete provisions;

• Introduce new Schedules;

• Alter representation;

• Strengthen constitutional institutions; or

• Address emerging constitutional challenges.

Unlike the ordinary laws, the constitutional amendments require for the special legislative procedure because Constitution occupies the most highest position in the India's legal system.

Why are Constitutional Amendments Necessary?

The Constitution was mainly drafted to endure for the generations, yet the framers recognised that the future circumstances might require certain changes. The constitutional amendments help:

• Accommodate changing social realities;

• Promote social justice;

• Improve governance;

• Protect constitutional values;

• Strengthen democratic institutions;

• Remove constitutional ambiguities;

• Respond to judicial decisions;

• Implement public welfare measures;

• Balance Union-State relations; and

• Address evolving economic and technological developments.

Without the amendments, the Constitution would struggle to meet needs of the rapidly changing society.

Procedure for Amending the Constitution

The procedure for constitutional amendments is primarily governed by Article 368. Generally, the process includes:

• Introduction of a Constitutional Amendment Bill in either House of Parliament;

• Passage by a special majority in both Houses;

• Ratification by at least one-half of the State Legislatures where required;

• Presentation to the President; and

• Presidential assent, after which amendment becomes the part of the Constitution.

The Constitutional Amendment Bill cannot ordinarily get passed through the joint sitting of Parliament. Depending on the subject matter, some of the amendments require only the Parliament's approval, while others also require for the ratification by the States.

Recent Important Constitutional Amendments

Some of most significant constitutional amendments in the recent years include:

• The 103rd Constitutional Amendment Act of 2019;

• The 104th Constitutional Amendment Act of 2020;

• The 105th Constitutional Amendment Act of 2021; and

• The 106th Constitutional Amendment Act of 2023.

Each of these amendments has had the substantial impact on the constitutional governance.

The 103rd Constitutional Amendment Act, 2019

The most significant constitutional amendments introduced the reservation based on the economic criteria.

The Constitution (One Hundred and Third Amendment) Act, 2019 introduced Article 15(6) and Article 16(6) into the Constitution of India. These provisions enable the State to grant reservation to Economically Weaker Sections (EWS) in educational institutions and public employment, subject to the conditions prescribed under the Constitution.

The primary objective of the amendment is to promote economic justice by extending reservation benefits to economically disadvantaged individuals who are not covered under the existing reservation categories. It also aims to improve access to higher education, increase employment opportunities in public services, and reduce socio-economic inequality by providing equal opportunities to eligible persons.

The reservation introduced under the amendment applies to admissions in educational institutions, including private unaided institutions (except minority educational institutions protected under Article 30), and appointments to public employment. These constitutional provisions provide the legal framework for granting EWS reservation in accordance with the eligibility criteria prescribed by the Government.

The Supreme Court upheld that constitutional validity of the amendment in the year 2022, observing that the economic criteria may fully constitute the valid basis for the affirmative action.

The 104th Constitutional Amendment Act, 2020

This Constitutional Amendment brought significant changes concerning all of the political representation. The amendment:

• Prolonged the arrangement of the seats allocated for this category in the Lok Sabha and State Legislative Assemblies by 10 more years;

• Abolished the practice of appointing Anglo-Indian representatives to the Lok Sabha and State Legislatures.

The amendment aimed to continue constitutional protection for Scheduled Castes (SCs) and Scheduled Tribes (STs) by preserving their political representation in legislative bodies. It also sought to ensure their continued participation in the democratic process while updating the constitutional provisions to reflect changing demographic realities and maintain inclusive governance.

The reservation for all the SCs and STs now fully continues until the 25 January 2030 unless it is further extended by Parliament.

The 105th Constitutional Amendment Act, 2021

This Constitutional Amendment restored all the powers of the States to identify the socially as well as educationally backward classes for their own purposes. The amendment clarified that the:

• States may prepare their own OBC lists;

• States retain authority over reservations under State laws;

• Central List and State List may operate separately; and

• Federal balance is preserved.

This amendment was enacted after judicial interpretation had created uncertainty regarding the powers of State Governments to identify backward classes. The amendment reinforces the India's federal structure by recognising role of the States in addressing the regional social inequalities.

The 106th Constitutional Amendment Act, 2023 (Women's Reservation)

This Constitutional Amendment, popularly known as the Women's Reservation Act or the Nari Shakti Vandan Adhiniyam, introduced the reservation for the women in legislative bodies. The amendment mostly provides reservation of one-third of seats in the Lok Sabha, reservation of one-third of seats in State Legislative Assemblies and reservation within seats already reserved for Scheduled Castes and Scheduled Tribes. However, implementation will commence only after:

• The first Census conducted after commencement of the amendment; and

• The subsequent delimitation exercise.

The amendment aims to:

• Increase women's participation in governance;

• Strengthen democratic representation;

• Promote gender equality;
  Encourage political leadership among women; and

• Improve inclusive policymaking.

It is regarded as one of the most important constitutional reforms concerning gender representation.

Judicial Review of Constitutional Amendments

Although the Parliament possesses the wide powers to amend the Constitution, those powers are not at all unlimited. The Supreme Court has developed the Basic Structure Doctrine, under which the constitutional amendments cannot destroy or damage essential features of the Constitution. Important constitutional principles protected under the Basic Structure include supremacy of the Constitution, rule of law, judicial review, separation of powers, secularism, democracy, federalism, independence of the judiciary, parliamentary system; and protection of Fundamental Rights.

If at all any amendment violates basic structure, the Supreme Court may declare it to be unconstitutional.

Impact of Recent Amendments on Indian Democracy

The recent constitutional amendments have the significantly influenced governance and the public policy. Their impact includes:

• Expansion of affirmative action;

• Increased educational opportunities;

• Improved political representation;

• Strengthening of federal principles;

• Greater inclusion of economically weaker citizens;

• Promotion of gender equality;

• Continuation of safeguards for SCs and STs;

• Clarification of reservation powers of States;

• Enhancement of democratic participation; and

• Adaptation of the constitutional governance to the modern realities.

Key Constitutional Principles That Cannot Be Amended

Despite Parliament's wide power to amend the Constitution, certain fundamental constitutional principles cannot be altered or destroyed. Under the Basic Structure Doctrine, the Constitution's core features must remain intact even while constitutional amendments are made. These protected principles include the Basic Structure of the Constitution, the independence of the judiciary, judicial review, free and fair elections, the rule of law, democracy, federalism, secularism, parliamentary government, equality before the law, and constitutional supremacy.

These principles preserve the identity and foundational framework of the Indian Constitution by ensuring a balance between the powers of Parliament and constitutional limitations. They safeguard democratic governance, protect citizens' fundamental rights, uphold the rule of law, and ensure that constitutional amendments strengthen the Constitution without undermining its essential values or basic structure.

Conclusion

The Constitution of India undergoes constant changes through meticulously thought-out amendments that mirror the evolving social, political and economic environment. The Constitution displays its flexibility via the amendments made in regard to economically weaker sections, legislation on repatriation of women, representation of SCs and STs and states' rights in determining backward classes. However, the Basic Structure Doctrine ensures that the amendment power is limited by constitutional provisions. That's why knowing about recent amendments to the Constitution can help citizens understand how constitutional transformations are helping to achieve the effective governance, safeguard rights and promote inclusive development.

How Lead India Can Help?

1. Provide for legal guidance on the constitutional rights and impact of the recent constitutional amendments.

2. Assist the individuals in understanding the reservation laws, educational rights, as well as public employment policies.

3. Offer legal advice regarding constitutional remedies and enforcement of Fundamental Rights.

4. Represent clients in matters involving constitutional interpretation before appropriate courts.

5. Help citizens understand government policies implemented pursuant to constitutional amendments.

6. Provide for legal consultation on the issues relating to equality, reservation, and the public law.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.