Simone Lawson
The Indian Constitution is the world's longest for a sovereign nation, and it is also the most frequently amended. Since its enactment in 1950, it has been amended 106 times as of July 2025, with the latest amendment in 2023. The Constitution lays down fundamental principles of governance, and a diverse and evolving country like India requires amendments to bring about changes in governance as per needs and situations. The first-ever amendment to the Constitution was made on 18 June 1951, and it has been amended roughly twice a year since.
| Characteristics | Values |
|---|---|
| Number of Amendments | 106 |
| First Amendment | 18 June 1951 |
| Most Recent Amendment | 28 September 2023 |
| Frequency of Amendments | Twice a year |
| Types of Amendments | 3 |
| First Type of Amendment | Simple Majority |
| Second Type of Amendment | Special Majority |
| Third Type of Amendment | Special Majority with State Ratification |
| Amendment Procedure | Bill introduced in Parliament, passed by Houses of Parliament, ratified by state legislatures (if necessary), presented to President for assent |
| Unamendable Elements | Federal nature, secularism, democracy, separation of powers, "basic structure" |
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What You'll Learn
- The Indian Constitution is the most amended national constitution globally
- Amendments are required to address societal and governance needs
- Amendments are classified into three categories
- The first amendment was made in 1951, one year after its enactment
- The constitution's basic structure cannot be amended
The Indian Constitution is the most amended national constitution globally
The Indian Constitution, seen as the foundation of democracy, is the most amended national constitution globally. It has been amended over 100 times since its inception and adoption in 1950. The Constitution is amended roughly twice a year, addressing the evolving needs of Indian society and governance. From land reforms and reservation policies to taxation and fundamental rights, these amendments cover a wide range of issues essential to the nation's development.
The Indian Constitution is a detailed document that spells out governmental powers and fundamental rights explicitly. This level of detail means that many matters addressed by statute in other democracies require constitutional amendments in India. There are three types of amendments, with the first type requiring a simple majority in each house of Parliament. The second type of amendment must be passed by a prescribed "special majority" in each house of Parliament. The third type of amendment, which deals with federal provisions, requires a "special majority" and ratification by at least half of the state legislatures.
The amendment procedure ensures that any changes to the Constitution are made with adequate consideration and representation, maintaining the democratic fabric of the nation. The Parliament has the power to amend the Constitution, but it cannot change its "basic structure". The Supreme Court has ruled that certain elements, such as federal nature, secularism, democracy, and the separation of powers, are integral to the Constitution and cannot be amended.
The first amendment to the Indian Constitution was made on June 18, 1951, just a year after its enactment. This amendment included changes to Article 15, which prohibits discrimination based on caste and religion, and Article 19, among other significant articles. The latest amendment, the 106th, was given assent on September 28, 2023. These amendments over the years have shaped the course of Indian democracy, reflecting the changing needs and principles of the nation.
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Amendments are required to address societal and governance needs
The Indian Constitution is the most amended national constitution in the world. As of 2024, there have been 106 amendments since it was first enacted in 1950, with the Constitution being amended roughly twice a year. The Constitution lays down fundamental principles of governance, and a diverse and evolving country like India cannot be governed by a set of fixed rules. The adaptability of the Constitution is a crucial aspect of maintaining the relevance and efficacy of India's legal framework. It ensures that the Constitution remains a living document, capable of adapting to changing circumstances while upholding its fundamental principles and values.
Amendments are required to address societal needs and governance. For example, the LGBT community has been demanding their rights, and amendments enable the provision of such rights. Similarly, a new interpretation of the Right to Life and Personal Liberty gave rise to the Right to Privacy. Amendments are also necessary to address emerging trends such as vigilantism and bans. The Constitution includes transitional provisions intended to remain in force for a limited period, which need to be renewed periodically. For instance, to continue reservation in parliamentary seats for scheduled castes and tribes, a constitutional amendment is enacted once every ten years.
The process of amendment allows for changes in governance as per needs and situations. Amendments have been made to reform the system of government and incorporate new "checks and balances" in the Constitution. This has included the creation of the National Commission for Scheduled Castes and Tribes, and the creation of mechanisms for Panchayati Raj (local self-governance). Amendments also ensure that the Constitution reflects the evolving needs of Indian society and governance. From land reforms and reservation policies to taxation and fundamental rights, these amendments cover a wide range of issues essential to the nation's development.
Article 368 of the Indian Constitution provides for two types of amendments. The first type must be passed by a "simple majority" in each house of Parliament, which is more than 50% of the members present and voting. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament, which is more than 50% of the total membership of the House and two-thirds of the members present and voting. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures. These methods ensure that any amendments are passed with adequate consideration and representation, maintaining the democratic fabric of the nation.
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Amendments are classified into three categories
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. It is amended roughly twice a year because it spells out governmental powers in great detail, necessitating constitutional amendments for matters addressed by statute in other democracies.
Simple Majority
The first type of amendment must be passed by a simple majority, meaning a majority of members present and voting, in each house of the Parliament of India. Examples include amending the number of seats in the Lok Sabha and the Rajya Sabha or changing the name of a state.
Special Majority
The second type of amendment must be passed by a prescribed special majority, or more than 50% of the total strength of the house, and at least two-thirds of the members present and voting, in each house of Parliament.
Special Majority with State Ratification
The third type of amendment must be passed by a special majority in each house of Parliament and ratified by at least one-half of the State Legislatures. This type of amendment is required for changes to federal provisions, such as the distribution of powers between the Centre and the states.
These three methods ensure that amendments are passed with adequate consideration and representation while maintaining India's democratic fabric. It is important to note that the Parliament cannot amend the "basic structure" of the Constitution, as per the landmark 1973 Kesavananda Bharati case.
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The first amendment was made in 1951, one year after its enactment
The Indian Constitution is the most frequently amended national constitution globally. As of 2024, there have been over 100 amendments, with the Constitution being amended roughly twice a year.
The first amendment to the Indian Constitution was passed in 1951, just one year after its enactment in 1950. The Provisional Parliament, elected on a limited franchise, passed the amendment. The amendment was made to address certain difficulties that had arisen during the last fifteen months of the working of the Constitution. These difficulties were brought to light by judicial decisions and pronouncements, especially regarding the chapter on fundamental rights.
The first amendment made changes to the Fundamental Rights clauses of the Indian Constitution. It amended Articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376. One of the key changes was the addition of reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a). This was in response to the government coming under severe criticism in the press regarding its handling of the refugee crisis in West Bengal and extra-judicial killings in Madras. The amendment allowed for restrictions "in the interest of public order" and "about incitement to an offence".
The amendment also added a clause to Article 15, which stated that nothing in the article should prevent the State from making any special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This was done to secure the constitutional validity of zamindari abolition laws and certain state acts.
The first amendment also made some minor amendments to other articles, such as Articles 341, 342, 372, and 376, and added the Ninth Schedule to the Constitution.
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The constitution's basic structure cannot be amended
The Indian Constitution is the most frequently amended national constitution in the world, with over 100 amendments since its inception and adoption in 1950. The Constitution is amended roughly twice a year, with three types of amendments. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures.
Despite the frequent amendments, the Constitution maintains its fundamental identity. The Supreme Court has ruled that certain elements of the Constitution, such as its federal nature, secularism, democracy, and the separation of powers, cannot be amended. This doctrine ensures that the basic structure of the Constitution remains intact. The phrase 'basic structure' is not mentioned in the Constitution, but the Supreme Court recognised this concept in the landmark 1973 Kesavananda Bharati case.
The Kesavananda Bharati case established the principle that Parliament could not distort, damage, or alter the basic features of the Constitution under the pretext of amending it. This case was significant in preserving the original ideals envisioned by the constitution-makers. The Supreme Court has acted as a check on Parliament's legislative powers, ensuring that any amendments do not violate the basic structure of the Constitution.
The concept of the basic structure of the Constitution was further reinforced in the 2007 case of Golaknath v. State of Punjab, where the Supreme Court confirmed that all laws, including those in Schedule 9, would be open to judicial review if they violate the "basic structure of the constitution". This case highlighted the implied limitations on Parliament's power to amend the Constitution and emphasised the role of the judiciary in upholding the fundamental principles of the Constitution.
In conclusion, while the Indian Constitution is known for its frequent amendments, the basic structure doctrine ensures that certain core elements remain unchanged. The Supreme Court's interpretation of the basic structure has been pivotal in maintaining the integrity and original intent of the Constitution, even as it adapts to the evolving needs of Indian society and governance.
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Frequently asked questions
As of July 2025, the Indian Constitution has been amended 106 times since it was first enacted in 1950.
The Indian Constitution is amended roughly twice a year.
The first amendment to the Indian Constitution was made on 18 June 1951.
The latest amendment to the Indian Constitution was the 106th Amendment Act, passed on 28 September 2023.
The process of amending the Indian Constitution involves three types of amendments. The first type requires a simple majority in each house of the Indian Parliament. The second type requires a special majority in each house of Parliament. The third type needs a special majority in Parliament and ratification by at least half of the state legislatures. The power to initiate an amendment lies with the Parliament, and Article 368 of the Indian Constitution outlines the amendment procedure.
