Under the 24th Amendment, the President must assent to a Constitution Amendment Bill that has been duly passed. Pocket and suspensive vetoes may apply to ordinary Bills, but not to such an amendment Bill. Parliament also cannot destroy the Basic Structure identified in Kesavananda Bharati (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!
A Constitution Amendment Bill cannot be referred to a joint sitting, and the President cannot veto it after it is duly passed. These rules differ from those governing ordinary Bills.
Changes made by a simple majority fall outside Article 368 and are not treated as constitutional amendments for that Article. An amendment under Article 368 requires at least a special majority.
For amendments requiring State ratification, at least half of the State Legislatures must approve the Bill. With 28 States, approval by at least 14 State Legislatures is required.
| 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 |
The 42nd Amendment of 1976, called the "Mini-Constitution", added Socialist, Secular and Integrity to the Preamble and made extensive changes. The 44th Amendment of 1978 reversed some provisions and allowed the President to return ministerial advice once for reconsideration, after which it becomes 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) |
The 101st Amendment introduced GST in 2016, the 103rd created the 10% EWS reservation in 2019, and the 106th provided one-third reservation for women in 2023. The women's reservation takes effect after the relevant census and delimitation; the EWS amendment was passed by a special majority without State ratification.
The 106th Amendment of 2023, the Constitution (One Hundred and Sixth Amendment) Act or Nari Shakti Vandan Adhiniyam, provides one-third reservation for women in the Lok Sabha and State Assemblies, including within SC/ST reserved seats. It takes effect after the constitutionally required census and delimitation process.
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.
Kesavananda Bharati (1973) established that Parliament cannot destroy the Constitution's Basic Structure. Recognised elements include constitutional supremacy, the democratic and republican form of government, secularism, separation of powers, judicial review, federalism, and the unity and integrity of India.