Simone Lawson
The Indian Constitution, first enacted in 1950, is the most amended national constitution in the world, with 105 amendments as of October 2021 and 106 as of September 2023. Amendments are required to maintain the relevance and adaptability of India's supreme law, addressing emerging socio-political and economic challenges. They can affect any part of the Constitution, including fundamental rights, institutional powers, and governance provisions. The latest amendment, the 105th Amendment Act of 2021, clarified that states can maintain their own lists of Other Backward Classes (OBCs).
| Characteristics | Values |
|---|---|
| Year of the latest amendment | 2021 |
| Number of the latest amendment | 105th Amendment Act |
| Purpose of the latest amendment | To clarify that the states can maintain the “state list” of OBCs |
| Total number of amendments | 106 |
| 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 one half of the State Legislatures |
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What You'll Learn
The 105th Amendment Act of 2021
The 105th Amendment Act restores the power of State Governments and Union Territories to identify Socially and Educationally Backward Classes (SEBCs). It amends Articles 338B, 342A, and 366 of the Constitution, which gave both the Union and the States the power to recognise SEBCs, commonly referred to as OBCs. Historically, States have primarily been responsible for identifying SEBCs, with the Union only recognising OBCs since 1992. The States recognise 671 more communities as SEBCs than the Union.
The Amendment clarifies that each State or Union Territory may have its own list of SEBCs, which can differ from the Central List. It adds that the definition of SEBC will vary depending on the context of the Central Government, State, or Union Territory. Additionally, it states that the powers and responsibilities of the National Commission for Backward Classes do not apply to the separate State lists.
The 105th Amendment Act was introduced in the Lok Sabha on 9 August 2021 by the Minister for Social Justice and Empowerment, Dr Virendra Kumar. It received universal approval in both houses and was passed on 18 August 2021, with Presidential Assent given the following day. The Amendment came into force on 15 August 2021, as notified by the Ministry of Law and Justice on 15 September 2021.
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Amendments to fundamental rights
The Constitution of India is the most amended national constitution in the world, with 105 or 106 amendments since it was enacted in 1950. The Constitution is amended roughly twice a year, and there are three types of amendments, governed by Article 368.
The Fundamental Rights are defined as basic human freedoms that all Indian citizens have the right to enjoy for a proper and harmonious development of personality and life. These rights apply universally to all citizens of India, irrespective of their race, place of birth, religion, caste or gender. They are enforceable by the courts, subject to certain restrictions. The Fundamental Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights, and France's Declaration of the Rights of Man.
The Right to Property was removed as a Fundamental Right through the 44th Constitutional Amendment in 1978. The 86th Amendment of 2002 provided for the Right to Education for children aged six to fourteen years and Early Childhood Care. The Right to Education Act was added in 2009, guaranteeing every child between the age of six and fourteen years free education. The 105th Amendment Act of 2021 clarified that states can maintain the "state list" of OBCs.
The Constitution (First Amendment) Act, 1951, made several changes to the Fundamental Rights Part of the Indian Constitution. It amended Article 19(1)(a) to counteract the "abuse of freedom of speech and expression." This followed criticism in the press regarding the government's response to issues like the West Bengal refugee crisis and extrajudicial killings in Madras. Initial attempts to censor the press were ruled unconstitutional, leading the government to employ judicial decisions as justification for limiting freedom of speech. Despite opposition concerns about democratic principles, the Congress government proceeded with the amendment, citing international examples of regulating speech to prevent abuse.
The Constitution (Sixteenth Amendment) Act, 1963, amended Clauses (2), (3), and (4) of Article 19. The privilege of Indian citizens to engage in any profession, occupation, trade, or business as granted by Article 19(1)(g) is constrained by reasonable restrictions that the State laws may impose "in the interests of the general public."
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Amendments to institutions' powers
As of 2025, there have been 106 amendments to the Constitution of India since its adoption on 26 January 1950. This makes it the most amended national constitution in the world, with amendments being made roughly twice a year. The frequency of amendments reflects the constitution's adaptability and its responsiveness to socio-political changes.
Amendments can be made to any part of the Constitution, including fundamental rights, various institutions' powers, and governance provisions. While Parliament can make changes to the Constitution, it cannot alter the "basic structure" of the document.
The first type of amendment must be passed by a "'simple majority' in each house of the Parliament of India. This means that more than 50% of the total strength of the house must approve, with at least two-thirds of members present and voting.
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. This type of amendment is required for changes to federal provisions, such as the distribution of powers between the Centre and the states.
The latest amendment, the 105th Amendment Act of 2021, clarified that states can maintain their own "state list" of Other Backward Classes (OBCs). This amendment, along with the others, ensures that the Indian Constitution remains relevant and adaptable to the country's evolving needs.
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Amendments to governance provisions
As of July 2025, there have been 106 amendments to the Constitution of India since its adoption on 26 January 1950. This makes it the most amended national constitution in the world, with amendments being made roughly twice a year. The frequency of amendments is due to the level of detail in the Constitution, which outlines governmental powers in such depth that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India.
Amendments to the Constitution of India can affect any part of the Constitution, including fundamental rights, various institutions' powers, and governance provisions. Article 368 of the Indian Constitution outlines three types of amendments, each with a different procedure.
The first type of amendment must be passed by a simple majority in each house of the Parliament of India. A simple majority requires more than 50% of the total strength of the house and at least two-thirds of the members present and voting.
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. This type of amendment is required for changes to federal provisions, such as the distribution of powers between the Centre and the states.
It is important to note that Parliament cannot alter the Constitution's "basic structure." The amendments made to the Constitution of India are essential to ensure its adaptability and maintain its relevance over time. They reflect socio-political changes and drive reforms while protecting the core values laid out by the composers of the Constitution.
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Amendments to federal provisions
As of 2025, there have been 106 amendments to the Constitution of India since it was first enacted in 1950. This makes it the most amended national constitution in the world. Amendments are required to maintain the relevance and vitality of India's supreme law. They are made to address emerging socio-political and economic challenges, while also protecting the core values laid out by the composers of the Constitution.
The Eighty-sixth Amendment of the Constitution of India is an example of an amendment to federal provisions. It provides for the Right to Education for children aged six to fourteen years and Early Childhood Care until a certain age.
The amendment procedure for federal provisions varies depending on the types of changes required in the Indian Constitution. If the bill seeks to amend the federal provisions of the Constitution, it must be ratified by the legislatures of half of the states by a simple majority. After being passed by both Houses of Parliament and ratified by the state legislatures, the bill is presented to the President for assent.
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Frequently asked questions
The latest amendment to the Indian constitution is the 105th Amendment Act of 2021, which clarified that states can maintain their own list of Other Backward Classes (OBCs).
The Indian constitution is amended roughly twice a year. As of July 2025, there have been 106 amendments since it was first enacted in 1950, making it the most amended national constitution in the world.
Amendments can affect any part of the constitution, including fundamental rights, various institutions' powers, and governance provisions. They are necessary to include modern changes while protecting the core values laid out by the constitution's composers.
