Last Updated: April 2026
Constitutional amendments for CLAT 2027 are a guaranteed source of 3-5 questions every year — across General Knowledge and Legal Reasoning. From the 1st Amendment (1951) that gave us the 9th Schedule, to the 106th Amendment (2023) for women’s reservation, India’s Constitution has been amended 106 times in 76 years. This guide consolidates the most important amendments — the ones that have shaped Indian jurisprudence and continue to dominate CLAT papers.
Article 368 — How Amendments Are Made
Article 368 prescribes three categories of amendments:
- Simple Majority (no Article 368): admission of new states, creation of legislative councils, etc.
- Special Majority (Art 368(2) first proviso): two-thirds of members present + voting AND majority of total membership of each House.
- Special Majority + Ratification by Half the States (Art 368(2) second proviso): for amendments touching federal structure, election of President, distribution of legislative powers etc.
The basic structure doctrine (Kesavananda Bharati v State of Kerala, 1973) imposes an implicit limit: even constitutional amendments cannot destroy the basic structure of the Constitution.
Top 20 Constitutional Amendments — Quick Reference Table
| Amend. No. | Year | Key Change |
|---|---|---|
| 1st | 1951 | Added 9th Schedule, reasonable restrictions on free speech, special provisions for OBCs |
| 7th | 1956 | Reorganisation of states; abolition of Class A/B/C states |
| 24th | 1971 | Article 368 amended; Parliament’s power to amend any part affirmed |
| 25th | 1971 | Article 31C inserted; “compensation” replaced with “amount” |
| 26th | 1971 | Abolished privy purses |
| 42nd | 1976 | “Mini Constitution” — Preamble amended; Fundamental Duties (Art 51A); Parts IVA, XIVA |
| 44th | 1978 | Right to Property removed from FRs (Art 300A); Emergency provisions tightened |
| 52nd | 1985 | Anti-Defection Law (10th Schedule) |
| 61st | 1989 | Voting age reduced from 21 to 18 |
| 69th | 1991 | Special status to Delhi (Art 239AA) |
| 73rd | 1992 | Panchayati Raj (Part IX); 11th Schedule |
| 74th | 1992 | Municipalities (Part IXA); 12th Schedule |
| 86th | 2002 | Right to Education (Art 21A); FD added — duty to educate child 6-14 |
| 91st | 2003 | Limit on Council of Ministers to 15% of House strength; tightened anti-defection |
| 97th | 2011 | Cooperative societies as FR (Art 19(1)(c)); Part IXB |
| 99th | 2014 | NJAC — struck down by SC in 2015 |
| 101st | 2016 | GST framework (Art 246A, 279A); GST Council |
| 102nd | 2018 | Constitutional status to NCBC (Art 338B) |
| 103rd | 2019 | 10% EWS reservation (Art 15(6), 16(6)) |
| 105th | 2021 | Restored State power to identify SEBCs (post Maratha case) |
| 106th | 2023 | Nari Shakti Vandan Adhiniyam — 33% women’s reservation in Lok Sabha & State Assemblies |
Detailed Notes — The 10 Most-Tested Amendments
1st Amendment Act, 1951
The very first amendment — passed by the Provisional Parliament under Nehru. Three big changes: (a) added the Ninth Schedule to immunise land reform laws from judicial review; (b) inserted “reasonable restrictions” in Article 19(2); (c) added Article 15(4) enabling special provisions for SEBCs.
24th Amendment Act, 1971
Direct response to Golaknath (1967) which had held Parliament cannot amend FRs. The 24th Amendment said it can — under Article 368. Tested in Kesavananda Bharati (1973), where SC upheld the amendment but limited it via basic structure.
42nd Amendment Act, 1976 (“Mini Constitution”)
Passed during Emergency. Most sweeping changes ever:
- Added “Socialist”, “Secular”, “Integrity” to Preamble
- Added Fundamental Duties (Article 51A — 10 duties; 11th added by 86th)
- Created Part IVA (FDs), Part XIVA (Tribunals — Art 323A, 323B)
- Made DPSPs prevail over FRs (later read down in Minerva Mills, 1980)
- Extended Lok Sabha tenure 5→6 years (reversed by 44th)
44th Amendment Act, 1978
Janata government’s reversal of Emergency excesses. Restored Lok Sabha tenure to 5 years; tightened Emergency triggers (“internal disturbance” → “armed rebellion”); made Article 20 and 21 non-suspendable even during Emergency. Removed Right to Property from Part III; inserted Article 300A as a constitutional/legal right.
52nd Amendment Act, 1985
Added the Tenth Schedule on anti-defection — disqualification of MPs/MLAs who voluntarily give up party membership or vote against party whip. Speaker is the deciding authority. Strengthened by 91st Amendment (2003) which removed the “split” exception.
73rd & 74th Amendments, 1992
Constitutionalised local self-government. 73rd → Panchayati Raj (Part IX, Articles 243-243O, 11th Schedule with 29 subjects). 74th → Urban municipalities (Part IXA, Articles 243P-243ZG, 12th Schedule with 18 subjects). Mandatory women’s reservation of one-third in local bodies.
86th Amendment Act, 2002
Inserted Article 21A — free and compulsory education for children 6-14 as a Fundamental Right. Implementing law: RTE Act, 2009.
101st Amendment Act, 2016
Created the Goods and Services Tax (GST) regime. Inserted Article 246A (concurrent power on GST), Article 269A (IGST), Article 279A (GST Council). Operationalised on 1 July 2017. Replaced 17+ central and state indirect taxes.
103rd Amendment Act, 2019
Inserted Article 15(6) and Article 16(6), enabling 10% EWS reservation. Upheld in Janhit Abhiyan v Union of India (2022) by 3:2 majority — held reservation on economic criteria does not violate basic structure or 50% Indra Sawhney cap (which applied to caste-based reservations).
106th Amendment Act, 2023 (“Nari Shakti Vandan Adhiniyam”)
Reserves one-third of seats in Lok Sabha and State Legislative Assemblies for women. However, the amendment is NOT yet operational — it kicks in only after delimitation following the next Census, expected around 2029.
Amendment Comparison — Power vs Limit
| Doctrine | Source Case | Effect on Amendment Power |
|---|---|---|
| Parliament Supremacy | Shankari Prasad (1951), Sajjan Singh (1965) | Parliament can amend any part incl. FRs |
| Implied Limitations | Golaknath (1967) | Parliament CANNOT amend FRs |
| Constituent Power | 24th Amendment (1971) | Parliament reaffirmed power to amend any part |
| Basic Structure | Kesavananda Bharati (1973) | Parliament can amend ANY part BUT cannot destroy basic structure |
| Election as Basic Feature | Indira Nehru Gandhi v Raj Narain (1975) | Free and fair elections = basic structure |
| Judicial Review = Basic | Minerva Mills (1980) | JR is part of basic structure; 42nd Amendment partly struck down |
| NJAC Test | Supreme Court Advocates-on-Record Assn (2015) | 99th Amendment struck down; collegium revived |
Common CLAT Traps
- Mini Constitution = 42nd, NOT 44th.
- Anti-defection = 52nd (Tenth Schedule), NOT 91st (which only tightened it).
- Voting age 18 = 61st, NOT 71st.
- GST = 101st (passed 2016, effective 2017).
- EWS = 103rd (NOT 102nd, which only gave NCBC constitutional status).
- Women’s reservation = 106th (passed 2023, NOT yet operational).
- RTE = 86th (Art 21A), NOT 93rd (which dealt with Art 15(5) — admissions to private institutions).
Practice Quiz — 10 MCQs on Constitutional Amendments
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Internal Resources
Frequently Asked Questions
How many constitutional amendments has India had so far?
106 constitutional amendments have been passed as of 2023. The 106th Amendment provided 33% women’s reservation but is contingent on delimitation post-Census.
Which is called the Mini Constitution?
The 42nd Amendment Act, 1976 — passed during Emergency. It made the most sweeping changes ever to the Constitution.
Can Parliament amend the basic structure of the Constitution?
No. Per Kesavananda Bharati (1973), Parliament’s amendment power under Article 368 is subject to the basic structure doctrine — Parliament cannot destroy or alter the basic structure.
Which amendment introduced GST?
The 101st Constitutional Amendment Act, 2016 — operational from 1 July 2017.
Is the 106th Amendment (women’s reservation) currently in force?
The Amendment is part of the Constitution but not yet operational. It will come into effect after delimitation following the next Census, expected around 2029.
Image credit: Photo by Patrick Tomasso / Unsplash
