Constitutional Amendments, Schedules & Special Provisions

Amendment Procedure (Article 368)

Article 368 of the Constitution lays down the procedure for amending the Constitution. A constitutional amendment can only be initiated by introducing a Bill in either House of Parliament — not in a state legislature. The Bill can be introduced by a minister or a private member and does not require prior permission of the President.

The Indian Constitution is neither wholly rigid nor wholly flexible. It provides three categories of amendments depending on the nature of the provision being changed.

Three Types of Amendments

Type 1 — Simple Majority of Parliament (outside Article 368)

These amendments are passed by a simple majority of members present and voting in each House. They are not considered formal "amendments" under Article 368. Examples include:

• Admission or establishment of new states (Article 2)
• Creation or abolition of Legislative Councils in states (Article 169)
• Administration of Scheduled Areas and tribal areas (Para 7 of Fifth Schedule)
• Salaries and allowances of members of Parliament
• Use of official language (Part XVII)
• Quorum in Parliament
• Citizenship — acquisition and termination (Article 11)

Type 2 — Special Majority of Parliament (Article 368)

These amendments require a special majority in each House — a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting. Most constitutional provisions fall in this category, including:

• Fundamental Rights (Part III)
• Directive Principles of State Policy (Part IV)
• All provisions not covered by the first or third categories

Type 3 — Special Majority + Ratification by Half the State Legislatures

These amendments require, in addition to the special majority in Parliament, ratification by the legislatures of not less than half of the states by simple majority. This applies when the amendment seeks to change:

• Election of the President (Articles 54, 55)
• Extent of executive power of the Union and states (Articles 73, 162)
• The Supreme Court and High Courts (Articles 124–147, 214–231)
• Distribution of legislative powers between Union and states (Articles 245–255)
• Any of the Lists in the Seventh Schedule
• Representation of states in Parliament (Fourth Schedule)
• The amendment procedure itself (Article 368)

Constitutional Provisions on Article 368

The 24th Amendment Act, 1971 made two key changes: it amended Article 368 to expressly confer constituent power on Parliament to amend any provision of the Constitution, and it made it obligatory for the President to give assent to a Constitutional Amendment Bill. This was enacted to override the Supreme Court's ruling in Golaknath v. State of Punjab (1967), which had held that Parliament could not amend Fundamental Rights.

The 12 Schedules of the Indian Constitution

The original Constitution contained 8 Schedules. Four more were added through amendments, bringing the total to 12.

Note on the Ninth Schedule: In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 (the date of the Kesavananda Bharati judgment) are open to judicial review if they violate the basic structure of the Constitution.

Key Landmark Amendments

As of 2026, there have been 106 amendments to the Constitution since its enactment in 1950. The following table covers the most significant ones for UPSC preparation.

Fifth Schedule — Scheduled Areas and Tribal Administration

The Fifth Schedule, under Article 244(1), provides for the administration and control of Scheduled Areas and Scheduled Tribes in any state other than the four northeastern states covered by the Sixth Schedule.

Key Features

Declaration of Scheduled Areas: The President has the power to declare an area as a Scheduled Area by order. The President may also increase or decrease the area, alter boundary lines, or rescind the declaration — all after consulting the Governor of the concerned state.

Tribes Advisory Council (TAC): Each state with Scheduled Areas must establish a Tribes Advisory Council consisting of not more than 20 members, of whom three-fourths must be representatives of Scheduled Tribes in the state legislature. The TAC advises the Governor on matters pertaining to the welfare and advancement of Scheduled Tribes.

Governor's Special Powers (Paragraph 5): The Governor may, after consulting the TAC:

• Prohibit or restrict the transfer of land by or among members of Scheduled Tribes
• Regulate the allotment of land to members of Scheduled Tribes
• Regulate money-lending to members of Scheduled Tribes
• Direct that any Act of Parliament or state legislature does not apply to a Scheduled Area, or applies with modifications
• Make regulations for the peace and good government of a Scheduled Area

All such regulations require the assent of the President before they take effect.

Annual Report: The Governor is required to submit an annual report to the President regarding the administration of Scheduled Areas in the state.

Currently, 10 states have Fifth Schedule Areas: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.

Sixth Schedule — Autonomous Councils in Northeast India

The Sixth Schedule, under Article 244(2) and Article 275(1), provides for the administration of tribal areas in four northeastern states: Assam, Meghalaya, Tripura and Mizoram.

Structure

• Tribal areas are constituted as Autonomous Districts
• If there are different tribes within an autonomous district, the Governor can divide it into Autonomous Regions
• Each autonomous district has a District Council with up to 30 members — 4 nominated by the Governor and 26 elected on the basis of adult suffrage
• Each autonomous region has a Regional Council
• Elected members serve a term of 5 years

Powers of District and Regional Councils

The Councils enjoy legislative, judicial and executive powers over:

• Land — allotment, occupation, use and setting apart of land (other than reserved forests)
• Forests — management of any forest not being a reserved forest
• Water — use of canal or water-course for agriculture
• Shifting cultivation — regulation or prohibition
• Village or town administration — including village and town committees or councils
• Appointment or succession of chiefs or headmen
• Inheritance of property
• Marriage and divorce — social customs
• Money-lending and trading by non-tribals (requires Governor's assent)

The Councils can also establish and manage primary schools, dispensaries, markets, roads, waterways and ferries.

Judicial Powers

District and Regional Councils can constitute courts for the trial of suits and cases between Scheduled Tribe members. Village councils or courts can be constituted for the trial of suits and cases between parties belonging to Scheduled Tribes, except offences punishable with death, transportation for life, or imprisonment for five years and above.

Financial Powers

The District Councils can assess and collect land revenue, impose taxes on professions, trades and employments, levy tolls on persons, and impose taxes on entry of goods into markets.

Special Provisions — Article 371 Series

Part XXI of the Constitution contains special provisions for twelve states under Articles 371 to 371J. These provisions protect the cultural identity, land rights and administrative arrangements of specific regions.

Basic Structure Doctrine

The Basic Structure Doctrine is one of the most significant judicial contributions to Indian constitutional law. It limits Parliament's amending power under Article 368 by holding that certain fundamental features of the Constitution cannot be altered or destroyed by amendment.

Kesavananda Bharati v. State of Kerala (1973)

• Bench: 13 judges — the largest bench in Supreme Court history
• Hearing: 68 days (31 October 1972 to 23 March 1973)
• Judgment: 24 April 1973, spanning over 700 pages
• Verdict: 7:6 majority held that Parliament has the power to amend any provision of the Constitution, but cannot alter its basic structure
• Chief Justice: S.M. Sikri

This judgment overruled the Golaknath case (1967) to the extent that it had completely denied Parliament's power to amend Fundamental Rights. Instead, it drew a nuanced line — Parliament can amend any Article, but cannot destroy the Constitution's essential features.

Elements of the Basic Structure

The Supreme Court has not provided an exhaustive list but has identified the following elements across various judgments:

• Supremacy of the Constitution
• Sovereign, democratic, republican nature of the polity
• Secular character of the Constitution
• Separation of powers among legislature, executive and judiciary
• Federal character of the Constitution
• Unity and integrity of the nation
• Welfare state (Directive Principles)
• Judicial review (Articles 32, 226)
• Freedom and dignity of the individual
• Parliamentary system of government
• Rule of law
• Harmony between Fundamental Rights and Directive Principles
• Principle of equality (Article 14)
• Free and fair elections
• Independence of the judiciary
• Limited power of Parliament to amend the Constitution
• Effective access to justice

Key Cases After Kesavananda Bharati

• Indira Nehru Gandhi v. Raj Narain (1975): Free and fair elections declared part of basic structure.
• Minerva Mills v. Union of India (1980): Harmony between Fundamental Rights and DPSPs is part of basic structure. Struck down Section 4 of the 42nd Amendment (which gave unlimited amending power to Parliament).
• S.R. Bommai v. Union of India (1994): Secularism and federalism are part of basic structure.
• I.R. Coelho v. State of Tamil Nadu (2007): Laws in the Ninth Schedule are subject to judicial review if they violate the basic structure.

UPSC Relevance

Prelims focus areas:

• Types of majorities required for different amendments — simple majority, special majority, special majority with state ratification
• Matching Schedules with their subject matter and related Articles
• Specific amendment numbers and their key provisions (42nd, 44th, 52nd, 73rd, 74th, 86th, 101st, 103rd, 104th)
• Elements of the basic structure doctrine
• Differences between the Fifth and Sixth Schedules
• Article 371 series — which article applies to which state

Mains focus areas:

• The tension between Parliament's amending power and the basic structure doctrine
• Whether the basic structure doctrine is anti-democratic or a necessary safeguard
• The significance of the Fifth and Sixth Schedules for tribal governance and autonomy
• Effectiveness of special provisions under Article 371 series
• The evolution from Shankari Prasad (1951) through Golaknath (1967) to Kesavananda Bharati (1973) to Minerva Mills (1980)
• Whether the 42nd Amendment strengthened or weakened Indian democracy
• Impact of the 73rd and 74th Amendments on grassroots democracy

Exam tip: The amendment procedure, 12 Schedules and basic structure doctrine are perennial favourites in both Prelims and Mains. For Prelims, memorise the Schedule-subject-Article mapping and key amendment numbers. For Mains, focus on the evolving relationship between Parliament's constituent power and judicial review — this is a recurring theme across GS-2 questions on the Constitution.

Vocabulary

Amendment

• Pronunciation: /əˈmɛndmənt/
• Definition: A formal alteration or addition to the Constitution of India, effected through the procedure laid down in Article 368, which may require a simple majority, special majority, or special majority with ratification by half the state legislatures depending on the provision being changed.
• Origin: From Old French amendement, from Late Latin ēmendāmentum, from ēmendāre ("to free from faults"), from ex- ("out of") + mendum ("fault, error").

Ratification

• Pronunciation: /ˌrætɪfɪˈkeɪʃən/
• Definition: The formal approval of a constitutional amendment by the legislatures of not less than half of the states, required under Article 368 for amendments affecting federal provisions such as the distribution of legislative powers, the Supreme Court, and the election of the President.
• Origin: From Middle French ratification, from Medieval Latin ratificātiō, from Latin ratus ("fixed, established") + facere ("to make"), literally "to make firm or valid."

Schedule

• Pronunciation: /ˈʃɛdjuːl/ (British) or /ˈskɛdʒuːl/ (American)
• Definition: An appendix to the Constitution of India containing detailed provisions on specific subjects — such as allocation of Rajya Sabha seats, division of legislative powers, or anti-defection rules — that supplement the main Articles; the Constitution currently has 12 Schedules.
• Origin: From late Middle English cedule, via Old French from Late Latin schedula ("papyrus strip"), diminutive of Latin scheda, from Greek skhédē ("papyrus leaf").

Key Terms

42nd Amendment

• Pronunciation: /ˈfɔːti ˈsɛkənd əˈmɛndmənt/
• Definition: The Constitution (Forty-second Amendment) Act, 1976 — nicknamed the "Mini-Constitution" — is the most sweeping amendment in Indian constitutional history. Enacted during the Internal Emergency (25 June 1975 – 21 March 1977), it came into effect on 3 January 1977. Based on the Swaran Singh Committee recommendations, it made changes across the Preamble, Fundamental Rights, DPSPs, Fundamental Duties, Centre-State relations, and the judiciary. Key provisions: (1) Added "Socialist," "Secular," and "Integrity" to the Preamble. (2) Introduced 10 Fundamental Duties in a new Part IVA (Article 51A). (3) Added three new DPSPs — Article 39A (free legal aid), Article 43A (worker participation in management), Article 48A (environment protection). (4) Expanded Article 31C to give all DPSPs primacy over Fundamental Rights (struck down in Minerva Mills, 1980). (5) Transferred 5 subjects from State List to Concurrent List — remember mnemonic "EFWPA": Education, Forests, Weights and measures, Protection of wild animals and birds, Administration of justice. (6) Curtailed judicial review powers of Supreme Court and High Courts. (7) Extended Lok Sabha and State Assembly terms from 5 to 6 years. (8) Made constitutional amendments non-justiciable.
• Context: Passed during the Internal Emergency under PM Indira Gandhi. The Swaran Singh Committee was constituted in 1976 under then External Affairs Minister Swaran Singh. The Bill was introduced in Lok Sabha on 1 September 1976 and passed with minimal opposition — most Opposition leaders were in prison under preventive detention. Constitutional scholar Granville Austin described it as an attempt to "defang" both the judiciary and the federal structure. What was reversed: The 43rd Amendment (1977) restored the pre-Emergency position on several judicial provisions. The 44th Amendment (1978) restored Lok Sabha terms to 5 years, restored judicial review, removed right to property from FRs (now Article 300A), replaced "internal disturbance" with "armed rebellion," and required written Cabinet advice for emergency. What survived and remains in force: "Socialist," "Secular," and "Integrity" in the Preamble (confirmed as basic structure by SC in November 2024), Fundamental Duties (Part IVA), DPSPs under Articles 39A, 43A, and 48A, the transfer of 5 subjects to Concurrent List, and the President's obligation to act on CoM advice (Article 74).
• UPSC Relevance: GS2 Polity. Prelims focus: Nickname "Mini-Constitution." Date: 3 January 1977. Committee: Swaran Singh. Preamble additions: Socialist, Secular, Integrity. Fundamental Duties: Part IVA, Article 51A, 10 duties. New DPSPs: 39A, 43A, 48A. Concurrent List transfers: EFWPA mnemonic. Article 31C expansion (struck down in Minerva Mills 1980). Mains themes: (1) Was the 42nd Amendment a democratic necessity or authoritarian power grab? (2) Trace which provisions survived (Preamble, Duties, DPSPs, Concurrent List) vs reversed (judicial review, term extension, non-justiciability, Article 31C expansion). (3) Impact on Indian federalism — Concurrent List expansion centralised power. (4) Compare with the 44th Amendment as the corrective counterpart.

44th Amendment

• Pronunciation: /ˈfɔːti fɔːθ əˈmɛndmənt/
• Definition: The Constitution (Forty-fourth Amendment) Act, 1978, enacted by the Janata Party government under Prime Minister Morarji Desai as a direct response to the misuse of emergency powers during 1975-77 — often called the "Anti-Emergency Amendment." Its key provisions: (a) replaced "internal disturbance" with the stricter term "armed rebellion" as a ground for National Emergency under Article 352; (b) required written advice of the Union Cabinet (not PM alone) for emergency proclamation; (c) reduced parliamentary approval window from 2 months to 1 month, with special majority required for each continuation; (d) made Articles 20 (protection from conviction) and 21 (right to life and personal liberty) non-suspendable under any circumstances during any emergency; (e) gave Lok Sabha the power to force revocation of emergency by resolution (1/10th members can requisition a special sitting); (f) removed the Right to Property from Fundamental Rights (deleted Articles 19(1)(f) and 31) and made it a constitutional right under Article 300A (Part XII); (g) restored judicial review curtailed by the 42nd Amendment; (h) allowed the President to send back Cabinet advice for reconsideration once, but must act on reconsidered advice (Article 74); and (i) added Article 38(2) (state shall minimise inequalities in income, status, facilities, and opportunities).
• Context: Enacted in 1978 by the Janata Party government — India's first non-Congress government — which won the March 1977 elections on the promise of "restoring the Constitution to its pre-Emergency condition." The amendment was the most significant democratic corrective in Indian constitutional history. The removal of the Right to Property from Fundamental Rights was motivated by the decades-long conflict between property rights and land reform legislation (the FR-DPSP clash that generated cases from Champakam Dorairajan (1951) to Minerva Mills (1980)). By converting property from a FR to a constitutional right under Article 300A, the government removed one of the key motivations that had driven the 42nd Amendment's assault on judicial review. The emergency safeguards were specifically designed to prevent a repeat of the 1975 scenario: "internal disturbance" (a vague term that could cover any political crisis) was replaced with "armed rebellion" (requiring actual violent revolt); the PM could no longer unilaterally advise emergency (entire Cabinet must advise in writing); and the Lok Sabha was given direct power to revoke an emergency. Despite its sweeping corrections, the 44th Amendment did not reverse all 42nd Amendment changes — "Socialist," "Secular," and "Integrity" in the Preamble, Fundamental Duties, new DPSPs, and the Concurrent List transfers all survived.
• UPSC Relevance: GS2 Polity — Prelims: "armed rebellion" replaced "internal disturbance" (Art. 352), written Cabinet advice required (not PM alone), Articles 20 and 21 non-suspendable under any emergency, Right to Property deleted from Part III (Articles 19(1)(f) and 31 deleted — now Article 300A in Part XII), Article 38(2) added (minimise inequalities), President can return Cabinet advice for reconsideration once (Art. 74), parliamentary approval for emergency reduced to 1 month (from 2), special majority required for continuation, Lok Sabha can force revocation (1/10th members can requisition special sitting); Mains: compare 42nd vs 44th Amendment as centralisation vs democratic correction, did the 44th Amendment adequately safeguard against future Emergency abuse (or are further reforms needed), why is it called the "Anti-Emergency Amendment," the Right to Property journey from FR to constitutional right — how it resolved the FR-DPSP conflict, significance of making Articles 20 and 21 non-suspendable as the ultimate protection of individual liberty.