• Originally, Article 368 contained only ‘procedure for amendment’
• Two clauses were added by the 24th Amendment
  • These were held valid in Kesavananda Bharati case
• Two more clauses were added by the 42nd Amendment
  • These were struck down by the Supreme Court in Minerva Mills case (1980) as unconstitutional

⚖️ Issue

Whether Fundamental Rights could be taken away by Parliament by Constitutional Amendments?

📌 Stage 1 – Shankari Prasad v. Union of India (1951)

• Supreme Court held that ‘Law’ in Article 13(3) did not include Amendments under Article 368
• Thus, Parliament could amend Fundamental Rights

📌 Stage 2 – Golak Nath v. State of Punjab (1967)

• Supreme Court reversed its decision of 1951 in Shankari Prasad case
• Held that Parliament could not take away or abridge Fundamental Rights
  • even by constitutional amendments

📌 Stage 3 – 24th Amendment (1971)

• Added clause (4) in Article 13 – “Nothing in this Article shall apply to amendments under Article 368”
• Added clause (3) in Article 368 – “Nothing in Article 13 shall apply to amendments made under this Article”

📌 Stage 4 – Kesavananda Bharati v. State of Kerala (1973)

• Supreme Court upheld validity of the 24th Amendment
• Propounded the Basic Structure doctrine

📌 Stage 5 – 42nd Amendment (1976)

• Added clause (4) to Article 368 – “No amendment under Article 368 shall be called in question in any court on any ground”
• Added clause (5) to Article 368 – “There is no limitation whatsoever on amending power of Parliament”

📌 Stage 6 – Minerva Mills v. Union of India (1980)

• Clauses (4) and (5) of Article 368 were struck down by the Supreme Court
• Clause (4) was held violative of the basic feature of judicial review
• Clause (5) was held violative of the basic feature of limited amending power of Parliament

✅ Current Legal Position

• Parliament’s amending power under Article 368 is limited by the Basic Structure doctrine
• Parliament’s amending power is not unlimited
• Parliament’s amending power is subject to judicial review

1st Amendment, 1951 ⚖️

• Added Clause (4) to Article 15:
  • State was empowered to make special provisions for SEBCs
• Added Article 31A
  • saving laws providing for acquisition of estates, etc
• Added Article 31B and Ninth Schedule
  • to protect from judicial review
  • land reform and other laws included in it
• Added three more grounds of restrictions on freedom of speech and expression:
  • public order
  • friendly relations with foreign states
  • incitement to an offence

7th Amendment, 1956 🏛️

• Abolished existing classification of states in four categories: Part A, B, C and D States
• Reorganised them into 14 States and 6 Union Territories
• Extended jurisdiction of high courts to union territories
• Provided for establishment of a common high court for two or more States

9th Amendment, 1960 🌍

• Enabled cession of Indian territory of Berubari Union to Pakistan
  • as per 1958 Treaty between India and Pakistan

10th Amendment, 1961

• Incorporated Dadra & Nagar Haveli in Indian Union

12th Amendment, 1962

• Incorporated Goa, Daman & Diu in Indian Union

14th Amendment, 1962

• Incorporated Pondicherry in Indian Union

24th Amendment, 1971 ⚖️

• Added Articles 13(4) and 368(3)
  • Parliament was empowered to amend any part of Constitution including FRs
• Made it compulsory for President to give his assent to a Constitutional Amendment Bill

25th Amendment, 1971

• Added Article 31C
  • Any law made to give effect to principles in Article 39 (b) or (c)
  • cannot be challenged for violation of FRs u/a 14 and 19

26th Amendment

• Abolished privy purses and privileges of former rulers of Princely States

31st Amendment

• Increased number of Lok Sabha seats from 525 to 545

36th Amendment, 1975

• Deleted Article 2A and Tenth Schedule
• Sikkim was made a full-fledged State

42nd Amendment, 1976 🚨

• Added “socialist”, “secular”, “integrity” to Preamble
• Added Fundamental Duties for citizens: Part IVA
• President made bound by advice of Council of Ministers: Article 74
• Provided for administrative and other tribunals: Part XIVA
• Scope of Article 31C expanded to include all Directive Principles
• Added three new Directive Principles: Article 39A, 43A, 48A
• Shifted 5 subjects from State List to Concurrent List: Education, forests, protection of wild animals and birds, weights and measures, administration of justice
• Froze seats in Lok Sabha and Legislative Assemblies at 1971 census level
• Raised tenure of Lok Sabha and Legislative Assemblies from 5 to 6 years
• Took away the right of a civil servant to make representation at the second stage after the inquiry, i.e. on the penalty proposed

44th Amendment, 1978

• Deleted Right to Property from Chapter III, made it a legal right under Article 300A
• Empowered President to send back Council’s advice for reconsideration, Proviso to Article 74
• Gave protection to publication of true reports of all legislatures, Article 361A
• Made several changes in Article 352
• Articles 20 and 21 taken beyond suspension power of President during Emergency, Article 359

52nd Amendment, 1985 🏛️

• Added Tenth Schedule [Anti-defection Law]

61st Amendment, 1989

• Amendment of Article 326
  • Reduced voting age from 21 years to 18 years for Lok Sabha and Legislative Assemblies

65th Amendment, 1990

• Amendment of Article 338
  • Established a multi-member National Commission for SCs and STs
  • in place of Special Officer for SCs and STs

69th Amendment, 1991

• Inserted 239AA
  • Accorded special status to Union Territory of Delhi
  • Designated it as National Capital Territory of Delhi
  • Provided for a Legislative Assembly and Council of Ministers

73rd Amendment, 1992 🌾

• Inserted Part IX
  • Granted Constitutional status and protection to Panchayat Raj institutions
  • Added Eleventh Schedule, containing 29 functional items for Panchayats

74th Amendment, 1992 🏙️

• Inserted Part IXA
  • Granted Constitutional status and protection to urban local bodies
  • Added Twelfth Schedule containing 18 functional items for municipalities