Chapter 24 · Topic 24.1 · Prelims + Mains1 of 3
Important Constitutional Amendments: Early and Emergency-era amendments
Key points
- 1st (1951): after Champakam Dorairajan, Romesh Thapar; added Art 15(4), Ninth Schedule (Arts 31A, 31B), new speech restrictions.
- 7th (1956): 14 States, 6 UTs; common High Court. 24th (1971): answered Golaknath; President must assent; upheld in Kesavananda (1973).
- 42nd (1976): Socialist, Secular, Integrity; Fundamental Duties (Art 51A); new DPSPs Arts 39A, 43A, 48A (2017, b).
- 44th (1978): terms back to five years; armed rebellion; Arts 20, 21 never suspended; property to Art 300A.
Prelims box: facts and traps
- The 39th, not the 44th, shielded the PM's election (2019).
On this page (3 sections)
How to study amendments
Like a long argument between two friends: one says something, the other replies, and slowly they settle the rules.
The procedure under Article 368 is covered in the Amendment of the Constitution chapter; here we go through the amendments themselves.
What UPSC asks: Prelims: match each amendment with its change. Mains: amendments as dialogue between Parliament and courts. Next likely angle: recent amendments (104th–106th).
→ Amendment of the Constitution Article 368, types of majority, and the basic structure.
1st, 7th and 24th Amendments
The 1st Amendment (1951) came after courts struck down land reform laws and a communal reservation order (Champakam Dorairajan), and read free speech widely (Romesh Thapar). It added:
- Art 15(4) for backward classes;
- the Ninth Schedule (Arts 31A and 31B) to shield land laws;
- new grounds to restrict speech: public order, friendly relations with foreign States and incitement to an offence.
It is the classic example of an amendment made to overcome judicial interpretations of Fundamental Rights.
The 7th Amendment (1956) carried out the States Reorganisation Act on linguistic lines. The Part A, B, C and D classes of States were abolished and replaced by 14 States and 6 Union Territories. It also allowed a common High Court for two or more States.
The 24th Amendment (1971) answered Golaknath (1967), which had said Parliament cannot amend Fundamental Rights.
- It declared that Parliament can amend any part of the Constitution under Art 368.
- It made it compulsory for the President to give assent to an amendment Bill.
- In Kesavananda Bharati (1973) the Court upheld it but added the basic structure limit.
What UPSC asks: Prelims: 1st Amendment and FR interpretations (2023). Mains: land reform and the Ninth Schedule. Next likely angle: Golaknath and the 24th.
42nd and 44th Amendments
| 42nd Amendment (1976): the ‘mini-Constitution’ | 44th Amendment (1978): the correction |
|---|---|
| ‘Socialist’, ‘Secular’ and ‘Integrity’ added to the Preamble | Kept the words |
| Fundamental Duties (Part IV A, Art 51A) added | Kept them |
| Lok Sabha and Assembly terms raised to six years | Restored five years |
| President bound by ministerial advice (Art 74) | President may send advice back once for reconsideration |
| Emergency for ‘internal disturbance’ | Ground changed to ‘armed rebellion’; written Cabinet advice needed; Arts 20 and 21 cannot be suspended |
| Barred review of amendments (Art 368(4) and (5)) | Not changed by the 44th; struck down by the Court in Minerva Mills (1980) |
| Five subjects moved from State to Concurrent List, including education and forests | Not reversed |
| — | Right to property removed from Part III; made a legal right under Art 300A |
New Directive Principles. The 42nd also added Art 39A (equal justice and free legal aid), Art 43A (participation of workers in the management of industries) and Art 48A (environment). Prelims 2017 asked which principle it added: participation of workers in the management of industries (option b). Equal pay and a living wage were in the original Constitution.
Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution?
- Equal pay for equal work for both men and women
- Participation of workers in the management of industries
- Right to work, education and public assistance
- Securing living wage and human conditions of work to workers
Show answer
Answer: (b) · UPSC official key
Two Prelims traps (2019).
- “The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.” Wrong: that was the 39th (1975), and it was struck down in Indira Gandhi v Raj Narain. The Supreme Court did strike down the 99th Amendment. So: 2 only.
- “An amendment to the Constitution of India cannot be called into question by the Supreme Court.” Wrong: Minerva Mills (1980) struck down the 42nd’s clauses that tried to bar review. High Courts can also declare central laws invalid. So neither statement is correct.
Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (b) · UPSC official key
With reference to the Constitution of India, consider the following statements : 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: (d) · UPSC official key
What UPSC asks: Prelims: the 42nd’s DPSPs (2017); 39th vs 44th (2019); review of amendments (2019). Mains: 42nd vs 44th. Next likely angle: right to property as Art 300A.
Mains box: analysis and answer points
- Amendments as dialogue between Parliament and courts; 42nd vs 44th.
Practice
Write an answer
In 150 words, explain the significance of Important Constitutional Amendments with one recent example.
Flashcards (7)
Which amendment added the Ninth
Schedule? The 1st (1951).
Which amendment reorganised States on
linguistic lines? The 7th (1956).
Which amendment answered Golaknath?
The 24th (1971).
Which DPSP did the 42nd add on workers?
Art 43A: workers' participation in management.
Which amendment removed the right to
property from Part III? The 44th (1978).
Which amendment put the PM's election
beyond review? The 39th (1975).
Which case struck down the 42nd's bar on
review of amendments? Minerva Mills (1980).
Read more: related explainers
- Constitutional Amendments in India: Article 368, Types of Majority and the Amendments UPSC Keeps Asking About
- Waqf in India: Meaning, the Waqf Act 1995, the Waqf (Amendment) Act 2025, What Changed, the Constitutional Challenge and the Way Forward
- Article 32 (Right to Constitutional Remedies): Meaning, Writs, Article 32 vs 226, Suspension and PIL
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