Omar Bennett
The Indian Constitution is a living document that has been amended 106 times as of July 2025 since it was first enacted in 1950, making it the most amended national constitution in the world. The adaptability of the constitution allows for changes in governance as per needs and situations, accommodating new rights, and addressing emerging issues. Amendments can be made in three ways, as defined by Article 368 in Part XX of the Indian Constitution, which include a simple majority in each house of Parliament and a special majority with ratification by state legislatures. Notable amendments include the Eighty-Sixth Amendment, which provides for the Right to Education for children aged six to fourteen and Early Childhood Care until the age of six.
| Characteristics | Values |
|---|---|
| Number of Amendments | 106 as of July 2025 |
| Frequency of Amendments | Twice a year |
| Types of Amendments | 3 |
| First Type of Amendment | Passed by a "simple majority" in each house of the Parliament of India |
| Second Type of Amendment | Passed by a prescribed "special majority" of each house of Parliament |
| Third Type of Amendment | Passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures |
| Adaptability in Governance | Enables changes in governance as per needs and situations |
| Accommodating New Rights | Provides for new rights, such as the Right to Privacy |
| Addressing Emerging Issues | Addresses new trends like bans and vigilantism |
| Right to Education | Provides Right to Education for ages 6 to 14 and Early Childhood Care until age 6 |
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What You'll Learn
Adaptability in governance
The Indian Constitution is the most frequently amended national constitution in the world. As of July 2025, there have been 106 amendments since it was first enacted in 1950, with the constitution being amended roughly twice a year.
The adaptability of the constitution is a key feature of Indian governance. As a diverse and evolving country, India requires a flexible framework that can accommodate changes in needs and situations. The constitution lays down fundamental principles of governance, but it is not a set of fixed rules.
There are three types of amendments to the Constitution of India, two of which are governed by Article 368. The first type of amendment must be passed by a simple majority in each house of the Parliament of India. The second type requires 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.
The process of amending the constitution enables the accommodation of new rights and the evolution of existing rights. For example, a new interpretation of the Right to Life and Personal Liberty gave rise to the Right to Privacy. Amendments can also address emerging issues such as bans and vigilantism.
The Eighty-Sixth Amendment, for example, provides for the Right to Education for six to fourteen-year-olds and Early Childhood Care until the age of six.
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Accommodating new rights
The Indian Constitution is a living document that is amended to accommodate new rights and interpretations. With a rising awareness, various sections of society are becoming more assertive of their rights, such as the LGBT community. Amendments to the Constitution enable the inclusion of such rights.
For example, a new interpretation of the Right to Life and Personal Liberty gave rise to the Right to Privacy. This evolution of rights is accommodated through the amendment process. The Eighty-sixth Amendment to the Constitution of India, for instance, provides for the Right to Education for children aged six to fourteen and Early Childhood Care until the age of six.
The adaptability of the Constitution is essential to India's governance, as a diverse and evolving country cannot be governed by a set of fixed rules. The detailed provisions regarding amendments are outlined in Article 368 of the Constitution, which specifies three types of amendments. The first type must be passed by a "simple majority" in each house of Parliament. The second type requires a "special majority" in each house of Parliament, meaning more than 50% of the total membership of the House and two-thirds of the members present and voting.
The third type of amendment, which includes provisions related to the federal structure of the Indian polity, requires a "special majority" in each house of Parliament, as well as ratification by at least half of the State Legislatures. This process ensures that the Constitution can be adapted to accommodate new rights and interpretations, allowing for the dynamic governance of a diverse and evolving nation.
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Evolution of new rights
The evolution of human rights in India can be traced back to ancient times and texts like the Arthashastra, but it was not until the British colonial era that human rights began to take on a modern form. The British introduced laws such as the Indian Penal Code (1860) and the Criminal Procedure Code (1898) to protect the rights of their subjects. However, these laws were often discriminatory and did not apply equally to all Indians. During the Indian independence movement, leaders like Mahatma Gandhi and Jawaharlal Nehru emphasised the importance of human rights for a free and democratic India.
Following independence in 1947, the Indian government adopted the Constitution of India, which came into force in 1950. This constitution enshrined fundamental rights for all citizens, including the right to life, liberty, equality, freedom of speech and expression, and freedom of religion. The Protection of Human Rights Act of 1993 defines human rights as the rights relating to life, liberty, equality, and dignity, guaranteed by the Constitution and enforceable by Indian courts.
The evolution of human rights in India is an ongoing process, with new challenges emerging as society develops. The concept of human rights has evolved over centuries, influenced by ancient civilisations, the Enlightenment era, and international efforts post-World War II. The Indian Constitution, with its detailed provisions, is the most amended national constitution globally, with amendments occurring approximately twice a year.
Amendments to the Constitution of India have played a significant role in the evolution of new rights. For example, the 44th Amendment of 1978 removed the right to property from the list of fundamental rights. In 2009, the Right to Education Act was added, guaranteeing free education for children between the ages of six and fourteen. The Eighty-sixth Amendment also provided for early childhood care until the age of six. These amendments reflect the dynamic nature of human rights in India, adapting to the changing needs and priorities of its citizens.
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Addressing emerging issues
The Indian Constitution is the most frequently amended national constitution in the world, with over 100 amendments since its inception in 1950. This is because the Constitution is highly detailed, and many matters addressed by statute in other democracies require constitutional amendments in India. Amendments are necessary to maintain the relevance and vitality of India's supreme law.
The amendments enable the Constitution to remain relevant in the face of rapid social and economic changes. They have addressed emerging challenges, such as environmental concerns and technological changes, and have incorporated new governance models, such as local self-government. The amendments have also allowed for the adaptation of economic transformations, such as the shift from socialist policies to a liberalized economy.
Amendments have also been used to respond to social movements and demands for inclusion. For example, the Right to Privacy emerged from a new interpretation of the Right to Life and Personal Liberty. Amendments have also enabled the inclusion of new rights for various sections of society, such as the LGBT community.
The amendment process has facilitated crucial transformations in governance structures, expanded rights protections, and incorporated new principles and institutions. It has ensured that the Constitution remains a living document capable of adapting to changing circumstances while preserving its fundamental principles and values.
The frequency and range of amendments demonstrate that the Constitution is a dynamic framework that evolves with the nation. Constitutional amendments will continue to be an important mechanism for democratic evolution in India.
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Types of amendments
The Indian Constitution is the most frequently amended national constitution in the world, with 106 amendments as of 2024. The Constitution can be amended in three ways, two of which are governed by Article 368.
The first type of amendment must be passed by a simple majority in each house of the Parliament of India. This refers to a majority of more than 50% of members present and voting. Many articles in the Constitution can be amended by a simple law of Parliament, and no special procedure is required. Examples include Article 2, which covers the admission or establishment of new states, and the Fifth Schedule, which covers the administration and control of Scheduled Areas and Scheduled Tribes.
The second type of amendment must be passed by a prescribed special majority in each house of Parliament. This requires a majority of the total membership of each House and a majority of two-thirds of the members of each House.
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 when changes are made to federal provisions.
The scope of the amendability of the Indian Constitution is vast, but there are some restrictions on the power of Parliament to amend it. Parliament cannot amend the Constitution's basic structure, including its federal nature, secularism, democracy, and the separation of powers. The Supreme Court has ruled that amendments under Article 368 are valid as long as they do not violate the basic structure of the Constitution.
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