Major Constitutional Amendment procedure - 42nd, 44th, 74th, 76th, 86th and 91st
1. At a Glance — What Each Amendment Did and Its Procedure Type
| Amendment | Year | Procedure Used | Key Changes (one-line each) |
|---|---|---|---|
| 42nd — "Mini-Constitution" | 1976 (Emergency) | Special majority + (for federal part needed State? Actually 42nd was mostly special majority; some clauses needed State ratification for federal? It had many provisions) — Passed by special majority, President must assent | Added Socialist, Secular to Preamble; Fundamental Duties (Part IVA, Art 51A, 10 duties); DPSP primacy via Art 31C expanded to all DPSP (later partly struck down); Extended emergency powers, added Art 39A,43A,48A; Made Parliament supreme over judicial review (later reversed) |
| 44th — Corrective | 1978 (Janata) | Special majority (+ State for some?) — special majority | Reversed 42nd excess: restored judicial review, made Art 20 & 21 non-suspendable during emergency (Art 359), changed Right to Property from FR (Art 31) to legal right (Art 300A), required President's advice in writing (Art 74), Armed rebellion instead of internal disturbance for Art 352 national emergency |
| 74th — Urban Local Bodies | 1992 | Special majority + State ratification (needed because it adds Part IXA, 12th Schedule, affects State List) | Added Part IXA (Art 243P–243ZG) — Municipalities (Nagar Panchayat, Municipal Council, Municipal Corporation), 3 types, State Election Commission, State Finance Commission, 74th mirrors 73rd for rural |
| 76th — Tamil Nadu Reservation | 1994 | Special majority + State ratification? Actually requires? It placed Tamil Nadu 69% reservation in 9th Schedule to protect from judicial review — required special majority + State? But placed via 9th Schedule | Put TN Backward Classes reservation (69%, exceeds 50% ceiling) into 9th Schedule (Entry 257A) to shield from courts; now subject to judicial review post I.R. Coelho (2007) if violates basic structure |
| 86th — Right to Education | 2002 | Special majority | Added Art 21A — Right to Education as FR (free & compulsory for 6–14 yrs), changed Art 45 to early childhood (0–6), added FD 51A(k) (parent duty), enabled RTE Act 2009 |
| 91st — Anti-Defection trimming | 2003 | Special majority | Amended Art 75(1A),164(1A),102(2),191(2) to limit Council of Ministers to 15% of Lower House (e.g., Lok Sabha max 82), and bar defected disqualified from becoming minister without re-election, tightened 10th Schedule |
2. Procedure Common to All
All six were Constitutional Amendment Bills under Art 368: introduced in either House → passed by special majority in each House → (if federal, ≥1/2 States ratify: 74th,76th needed) → President assent (must).
- 42nd,44th,86th,91st: special majority (no federal subject requiring State? Actually 86th is FR → special only; 91st is also special).
- 74th: federal (local bodies affect State List) ⇒ special + State ratification (17 States ratified).
- 76th: also federal/9th Schedule needed State.
3. Why These Six Are Chosen for Exam
They represent three waves: Emergency era (42/44 corrective), Democratic decentralization (73/74), Social justice expansion (76,86,91).
4. Worked Checks
Q: Which amendment added FD? 42nd (1976)
Q: Which made RTE? 86th (2002) Art 21A
Q: Which limits ministry to 15%? 91st (2003)
Q: Which is Mini-Constitution? 42nd
5. Exam Points
- For each of the six, state year, one-line change, and procedure (special / special+State) — 7-10 marks, very frequent (common to ask "Explain 42nd and 44th" or "76th or 86th").
- Highlight 42nd vs 44th reversal — 5-7 marks, frequent (often paired).
- Mention 74th urban vs 73rd rural — 3-5 marks, frequent.
- State 76th Tamil Nadu 69% in 9th Schedule — 3-5 marks, frequent (example of judicial review limit).
- Show 86th (RTE) and 91st (15% ceiling) — 5 marks, frequent.