Constitution Amendment Bill pe President ka VETO NAHI hai (24th Amendment, 1971). Ordinary Bills mein President Pocket Veto ya Suspensive Veto use kar sakta hai — but Amendment Bill mein assent mandatory hai. Basic Structure khatam karna bhi possible nahi (Keshavananda Bharti, 1973).
| Feature | Rule |
|---|---|
| Source | South Africa |
| Article | Art. 368 (Part XX) |
| Introduced in | Either House of Parliament |
| Introduced by | Any minister or private member |
| Prior President approval | NOT required ❌ |
| President's Veto | NOT available ❌ (24th Amendment) |
| Joint Sitting | NOT available ❌ |
| Basic Structure | CANNOT be amended ❌ (Keshavananda) |
| State Legislature role | Ratification only (when required) — cannot introduce |
Special Majority = 2/3rd of members present & voting AND also must be a majority of total membership of the House. Both conditions must be met simultaneously. Only meeting one condition is NOT enough!
Amendment Bill = Neither Joint Sitting (unlike Ordinary Bills) NOR Presidential Veto (unlike Ordinary Bills). Dono restrictions Constitution Amendment Bills pe apply nahi karte.
Simple Majority mein changes Art. 368 ke under nahi aate — ye Constitutional Amendment ke roop mein count nahi hote. Art. 368 ke under minimum Special Majority zaroori hai. Simple Majority changes regular legislative process se hote hain.
Ratification by States — minimum half (50%) of state legislatures must ratify. Currently India mein 28 states hain toh minimum 14 states ki ratification zaroori hai for 3rd category amendments.
| Amendment | Year | Key Provision |
|---|---|---|
| 1st | 1951 | Equality in FR · Limited liberty & property rights · Added 9th Schedule (Land Reform Laws) |
| 2nd | 1952 | Representation of states in Parliament |
| 7th | 1956 | State Reorganization · Created States & UTs · Re-determined LS/RS/State Assembly seats |
| 15th | 1963 | HC judges retirement age changed from 60 → 62 years |
| 26th | 1971 | Abolished Privy Purses & privileges of former Princely States |
| 24th | 1971 | President MUST give assent to Constitutional Amendment Bills (No Veto) |
| 36th | 1975 | Sikkim became a full-fledged State (22nd state) |
| 40th | 1976 | Art. 297 amended — Exclusive Economic Zone |
| 42nd ⭐ Mini Constitution |
1976 | "Socialist, Secular, Integrity" added in Preamble · President bound by Cabinet advice · Fundamental Duties added (Part IV-A) · Emergency duration 6m→1yr |
| 44th | 1978 | Right to Property → Legal Right (removed from FR) · Art. 20 & 21 protected · "Armed Rebellion" replaced "Internal Disturbance" |
| 61st | 1989 | Voting age reduced from 21 → 18 years |
| 69th | 1991 | Delhi = NCT · Vidhan Sabha 70 seats · CoM max 10% (7 members) |
| 73rd | 1992 | Panchayati Raj — Constitutional Status · 11th Schedule (29 subjects) |
| 74th | 1992 | Municipalities — Constitutional Status · 12th Schedule (18 subjects) |
| 86th | 2002 | Art. 21A — Free education FR for children 6–14 yrs · New Fundamental Duty added |
| 88th | 2003 | Tax on Services |
42nd Amendment (1976) = "Mini Constitution" — biggest ever amendment. Socialist, Secular, Integrity preamble mein. 44th Amendment (1978) ne 42nd ke kuch changes reverse kiye — President again can return advice once (but Cabinet ke re-submission pe binding).
| Amendment | Year | Key Provision |
|---|---|---|
| 100th | 2015 | Land Boundary Agreement with Bangladesh — exchange of enclaves |
| 101st | 2016 | GST (Goods & Services Tax) — One Nation One Tax · Art. 246A, 269A, 279A added |
| 102nd | 2018 | Constitutional Status to National Commission for Backward Classes (NCBC) |
| 103rd | 2019 | 10% Reservation for EWS (Economically Weaker Sections) in education & government jobs |
| 104th | 2020 | Abolished Anglo-Indian reserved seats in Parliament & State Assemblies |
| 105th | 2021 | Empowered states to identify OBCs for their own state list |
| 106th | 2023 | 1/3rd Reservation for Women in Lok Sabha & State Legislative Assemblies (Nari Shakti Vandan Act) |
101st = GST (2016) · 103rd = EWS 10% (2019) · 106th = Women Reservation 1/3rd (2023). Women reservation abhi implement nahi hua — 2026 delimitation ke baad effective hoga. EWS reservation Special Majority se pass hua (not 3rd category).
106th Amendment (2023) = Nari Shakti Vandan Adhiniyam. Reservation for women in LS + State Assemblies — 1/3rd seats. SC/ST women ko bhi reserved seats ka 1/3rd milega. Effective after next delimitation (2026+).
Hindu Succession Act 1956 — daughters were NOT equal heirs originally. 2005 amendment gave daughters equal rights in HUF property. Supreme Court in 2020 ruled this applies even to daughters born before 2005.
Keshavananda Bharti (1973) case mein Basic Structure elements include: Supremacy of Constitution · Democratic & Republican form · Secular character · Separation of Powers · Judicial Review · Art. 32 (Writ) · Federalism · Unity & Integrity. These cannot be destroyed by any amendment.