Amendments and Schedules

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General Awareness: all chapters
The round, pillared old Parliament House in New Delhi seen across the lawns from Vijay Chowk
The old Parliament House, New Delhi (now called Samvidhan Sadan). Almost all constitutional amendments up to 2023 were passed here. The new Parliament building opened in 2023. Image: Nikhilb239, 2014 · Wikimedia Commons · CC BY-SA 4.0

A constitution must be able to change, but not too easily. Article 368, in Part XX, gives Parliament the power to amend the Constitution. Some parts change with a simple majority, most need a special majority, and the federal parts also need half the states. But since 1973, Parliament cannot destroy the basic structure. The Constitution also has 12 Schedules: lists and details kept at the end.

Art 368
Amending power
Part XX
3
Ways to amend
simple, special, + states
1951
First amendment
added the Ninth Schedule
12
Schedules now
8 in 1950

Article 368: three ways and the procedure

Partly rigid, partly flexible: the method depends on what is being changed.

If changing a constitution is too hard, it breaks under pressure. If it is too easy, the government of the day can rewrite it. India chose a middle path. The idea of this procedure is said to come from the Constitution of South Africa.

Simple majority
Like an ordinary law

New states and changing state names or borders (Articles 2, 3), creating or abolishing a Legislative Council (169), citizenship, quorum, Second Schedule salaries.

Special majority
Most of the Constitution

Fundamental Rights, Directive Principles and everything not in the other two groups.

Special majority + half the states
Federal parts

Election of the President, Supreme Court and High Courts, Seventh Schedule lists, states' seats in Parliament, Article 368 itself, GST Council.

Only the second and third are amendments "under Article 368". Changes by simple majority are made like ordinary laws.

KEY TERM
Special majority (Article 368)

In each House separately, the bill needs two conditions: a majority of the total membership of the House, and two-thirds of members present and voting. Example: Lok Sabha has 543 seats. A bill needs at least 272 votes, and also two-thirds of those voting.

More than half of total members→AND→Two-thirds of present and voting
HOW AN AMENDMENT BILL BECOMES LAW
  1. Step 1
    Bill introduced in Parliament
    In either House. A minister or a private member can move it. No prior permission of the President. A state legislature cannot start an amendment.
  2. Step 2
    Passed by special majority
    Each House passes it separately. There is no joint sitting if the Houses disagree.
  3. Step 3
    Half the states agree (only for federal parts)
    At least half the state legislatures approve it by simple majority. There is no time limit.
  4. Step 4
    President must give assent
    Since the 24th Amendment (1971) the President cannot refuse or return the bill.
  5. Step 5
    Constitution stands amended
    It becomes a Constitution (Amendment) Act.
QUICK FACT

The bill number and the amendment number are different. The 124th Amendment Bill (2019) became the 103rd Amendment Act (EWS quota). Exams sometimes use the bill number to confuse you.

QUICK CHECK
PYQ · PPSC DDSWO 2026 Article 368 of the Indian Constitution deals with:
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PYQ · PPSC DDSWO 2026 On receipt of a Constitutional Amendment Bill, after passing by each House of Parliament, the President:
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The limit: basic structure

Parliament can amend any article, but not destroy the Constitution's core.

HOW THE COURTS SET THE LIMIT
  1. 1951
    Shankari Prasad

    Parliament can amend Fundamental Rights.

  2. 1965
    Sajjan Singh

    Same view: Fundamental Rights can be amended.

  3. 1967
    Golaknath

    11 judges, 6 to 5: Parliament cannot amend Fundamental Rights.

  4. 1971
    24th Amendment

    Parliament says it can amend any part, including Fundamental Rights.

  5. 1973
    Kesavananda Bharati

    13 judges, 7 to 6: Parliament can amend any part, but not the basic structure.

  6. 1976
    42nd Amendment

    Tried to put amendments beyond court review (Article 368(4) and (5)).

  7. 1980
    Minerva Mills

    Struck down 368(4) and (5). Limited amending power is itself basic structure.

  8. 2007
    I. R. Coelho

    Laws put in the Ninth Schedule after 24 April 1973 can be checked against the basic structure.

Names behind the cases
Kesavananda Bharati with devotees at the 2013 Kumbh Mela in Allahabad
Kesavananda Bharati
1940–2020 · Head of the Edneer Mutt, Kerala
  • Challenged Kerala's land reform laws affecting his mutt
  • His case (1973) gave the basic structure doctrine
Supremacy
Constitution above all

Supremacy of the Constitution, rule of law, judicial review, independence of judiciary.

Form of State
Democratic republic

Sovereign, democratic, republic; secularism; federalism; free and fair elections.

Balance
Rights and limits

Separation of powers, balance of Fundamental Rights and DPSP, limited amending power.

The Court has never given a complete list. These are often named as part of the basic structure.

The central wing of the Supreme Court of India with its dome and a garden in front
The Supreme Court, New Delhi. In 2015 it struck down the 99th Amendment (NJAC) because it hurt judicial independence, a basic feature. Image: Subhashish Panigrahi, 2019 · Wikimedia Commons · CC BY-SA 4.0
QUICK CHECK
PYQ · Punjab Police Constable 2025 The Ninth Schedule to the Indian Constitution is added through which Constitutional Amendment Act?
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Amendments to remember: 1951 to 1992

Land reform, new states, the Emergency years and the anti-defection law.

AmendmentYearWhat it did
1st1951Added the Ninth Schedule; reasonable limits on free speech; Article 15(4) for backward classes.
7th1956States reorganised on language lines; Part A/B/C/D states ended; Union Territories created; one Governor for two or more states.
24th1971Parliament can amend any part, even Fundamental Rights; President must assent.
42nd1976"Mini-Constitution": socialist, secular, integrity in the Preamble; Fundamental Duties; 5 subjects (education, forests and more) moved to the Concurrent List.
44th1978Right to Property removed from Fundamental Rights; "internal disturbance" replaced by armed rebellion; Articles 20, 21 never suspended.
52nd1985Anti-defection law: added the Tenth Schedule.
61st1988Voting age cut from 21 to 18 (in force 1989).
73rd / 74th1992Panchayats (Part IX, Eleventh Schedule) and municipalities (Part IXA, Twelfth Schedule).
Amendments at a glance (Part 1 of 2).
Prime Ministers of two big amendment eras
Indira Gandhi at the National Press Club, Washington, in 1966
Indira Gandhi
1917–1984 · Prime Minister, 1966–77 and 1980–84
  • 24th (1971) and 42nd (1976) Amendments passed in her terms
  • The 42nd came during the Emergency
Black-and-white portrait of Rajiv Gandhi in 1987
Rajiv Gandhi
1944–1991 · Prime Minister, 1984–89
  • 52nd Amendment (anti-defection), 1985
  • 61st Amendment (voting age 18), 1988
REMEMBER

42 builds, 44 undoes. The 42nd (1976) gave the government huge powers. The 44th (1978), after the Emergency, rolled most of them back.

QUICK CHECK
PYQ · Punjab Police SI 2021 In which year was the constitution of India amended for the first time?
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QUICK CHECK
PYQ · Punjab Police SI 2022 The Right to Property was removed from the list of Fundamental Rights by the ______ Amendment Act of the Constitution in the year 1978.
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PYQ · Punjab Police SI 2021 Which amendment to the Indian Constitution reduced the minimum voting age in India from 21 years to 18 years?
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Amendments to remember: 2002 to 2023

Education, co-operatives, GST, EWS and women's reservation.

AmendmentYearWhat it did
86th2002Article 21A: free and compulsory education, ages 6–14; new Article 45; duty 51A(k).
91st2003Council of Ministers capped at 15% of the Lok Sabha or Assembly; anti-defection law tightened.
97th2011Co-operative societies: right in Article 19(1)(c), DPSP 43B, new Part IXB.
99th2014NJAC to appoint judges; struck down in 2015.
101st2016GST and the GST Council (Article 279A).
102nd2018NCBC (backward classes commission) made constitutional.
103rd201910% EWS quota in education and government jobs.
104th2019SC/ST seat reservation extended; Anglo-Indian nominated seats ended.
105th2021States again may make their own backward class (SEBC) lists.
106th2023One-third seats for women in the Lok Sabha and Assemblies; starts only after the next census and delimitation.
Amendments at a glance (Part 2 of 2).
FLASHCARDS
Amendment number ↔ change
1st (1951)
Ninth Schedule; land reform shield.
7th (1956)
States reorganised; UTs created.
42nd (1976)
Mini-Constitution; Fundamental Duties.
44th (1978)
Property no longer a Fundamental Right.
52nd (1985)
Anti-defection; Tenth Schedule.
61st (1988)
Voting age 18.
73rd / 74th (1992)
Panchayats / municipalities.
86th (2002)
Right to education, Article 21A.
97th (2011)
Co-operative societies.
101st (2016)
GST.
103rd (2019)
EWS 10% reservation.
106th (2023)
Women's reservation, one-third seats.
QUICK CHECK
PYQ · Punjab Police SI 2023 Which of the following amendment acts of the Indian Constitution made free and compulsory education for children of 6-14 years of age a fundamental right?
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QUICK CHECK
PYQ · PPSC PCSEB 2018 Right to form Cooperative Societies was made a Fundamental Right by which of the following Amendments to the Constitution of India:
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QUICK CHECK
PYQ · Punjab Police Constable 2025 The 101st Amendment of the Indian Constitution is related to which of the following?
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PYQ · Punjab Police SI 2021 Which of the following pairs of amendment act of the Constitution of India and its objective is INCORRECT?
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The 12 Schedules

Eight in 1950, four added later. Learn the number and the subject.

ScheduleWhat it contains
FirstNames of states and Union Territories and their areas.
SecondSalaries and allowances: President, Governors, Speakers and Chairmen, judges, CAG.
ThirdForms of oath: ministers, MPs, MLAs, judges, CAG (not President, Vice-President or Governor).
FourthRajya Sabha seats for each state and UT.
FifthScheduled Areas and Scheduled Tribes (most states).
SixthTribal areas of Assam, Meghalaya, Tripura, Mizoram.
SeventhUnion, State and Concurrent Lists (97, 66 and 47 subjects in 1950).
Eighth22 languages (14 in 1950, Punjabi among them).
NinthLaws shielded from court challenge, mostly land reforms (1st Amendment, 1951).
TenthAnti-defection rules (52nd Amendment, 1985).
Eleventh29 subjects for panchayats (73rd Amendment, 1992).
Twelfth18 subjects for municipalities (74th Amendment, 1992).
All 12 Schedules at a glance.
REMEMBER

TEARS OF OLD PM: Territory (1), Emoluments (2), Affirmations or oaths (3), Rajya Sabha (4), Scheduled Areas (5), Other tribal areas (6), Federal lists (7), Official languages (8), Land reforms (9), Defection (10), Panchayats (11), Municipalities (12).

FIFTH VS SIXTH SCHEDULE
Fifth Schedule
Sixth Schedule
Covers
Scheduled Areas in most states
Tribal areas of 4 north-eastern states
States
e.g. Jharkhand, Odisha, Rajasthan
Assam, Meghalaya, Tripura, Mizoram
Local bodies
Tribes Advisory Council
Autonomous District Councils
Manipur is not in the Sixth Schedule.
LANGUAGES ADDED TO THE EIGHTH SCHEDULE

21st Amendment (1967): Sindhi. 71st (1992): Konkani, Manipuri, Nepali. 92nd (2003): Bodo, Dogri, Maithili, Santhali. That takes 14 to 22. In 2011 the 96th Amendment changed "Oriya" to Odia.

QUICK CHECK
PYQ · Punjab Police Constable 2025 At the time of its commencement, the Indian Constitution had 395 Articles and _______ Schedules.
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QUICK CHECK
PYQ · Punjab Police Constable 2025 Which Schedule of the Indian Constitution deals with the division of powers between the Union and the States?
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QUICK CHECK
PYQ · Punjab Police Constable 2021 Which of the following schedules of the Constitution of India recognises 22 languages as official languages?
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QUICK CHECK
PYQ · Punjab Police SI 2022 The 10th Schedule of the Constitution of India lays down
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Also useful: the 106th Amendment in detailTap to open
  • Also called the Nari Shakti Vandan Adhiniyam, passed in September 2023.
  • It was the first bill introduced in the new Parliament building.
  • One-third of seats in the Lok Sabha, state Assemblies and the Delhi Assembly for women, including within SC/ST seats.
  • Not yet in force: it begins after a census and delimitation, and lasts 15 years unless extended.
  • It does not cover the Rajya Sabha or Legislative Councils.

Everything on one look

Procedure, cases, amendments and Schedules to remember.

PROCEDURE
  • Article 368, Part XX
  • Start in either House; no President's permission
  • Special majority in each House separately
  • No joint sitting for amendment bills
  • Federal parts: half the states agree
  • President must assent (24th, 1971)
CASES AND SCHEDULES
  • Golaknath (1967): FRs cannot be amended
  • Kesavananda (1973): basic structure, 13 judges, 7–6
  • Minerva Mills (1980): limited amending power
  • 8 Schedules in 1950, 12 now
  • 9th: 1st Amendment; 10th: 52nd
  • 11th: 73rd (29); 12th: 74th (18)
COMMON TRAPS
  • Changes by simple majority (new states, Article 3) are not amendments under Article 368.
  • An amendment bill cannot start in a state legislature, and needs no President's permission.
  • There is no joint sitting for an amendment bill.
  • Golaknath said no amendment of FRs; Kesavananda gave the basic structure.
  • Eleventh = panchayats (29); Twelfth = municipalities (18). Do not swap.
  • Ninth Schedule = land reforms; Tenth = defection.
  • Oaths of the President, Vice-President and Governor are not in the Third Schedule.
  • 103rd = EWS; 100th = Bangladesh land boundary; 124th was the EWS bill number.
  • 61st lowered voting age; 42nd is the Mini-Constitution.
  • The 106th (women's quota) is passed but not yet in force.
QUICK BYTES
  • Amending power: Article 368, Part XX
  • Idea of procedure: South Africa
  • First amendment: 1951
  • Assent compulsory: 24th Amendment, 1971
  • Mini-Constitution: 42nd, 1976
  • Property out: 44th, 1978
  • Anti-defection: 52nd, 1985
  • Voting age 18: 61st, 1988
  • Panchayats / municipalities: 73rd / 74th, 1992
  • Right to education: 86th, 2002
  • 15% ministers cap: 91st, 2003
  • Co-operatives: 97th, 2011
  • NJAC: 99th, 2014 (struck down 2015)
  • GST: 101st, 2016
  • EWS 10%: 103rd, 2019
  • Women's reservation: 106th, 2023
  • Basic structure: Kesavananda Bharati, 1973
  • Schedules: 8 in 1950, 12 now
CHECK YOURSELF

Parliament wants to change how the President is elected. Which kind of majority is needed, and what extra step is required before the President signs?

Show answer

It needs a special majority in each House: a majority of total membership and two-thirds of members present and voting. Because the President's election is a federal provision, the bill must also be ratified by at least half the state legislatures. Only then does it go to the President, who must give assent.