Important Amendments for CLAT 2026, Features of 42nd Amendment

Amendments for CLAT 2026 : The 42nd Amendment passed in 1976, is one of the most important and controversial changes to the Indian Constitution. Often called the "Mini Constitution," it was introduced during a difficult time known as the Emergency (1975-1977). This amendment for CLAT 2026 aimed to strengthen the government's powers while limiting individual rights and the judiciary's authority. It made significant changes to the Constitution, including alterations to the Preamble and fundamental rights.

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Process of Amending the Indian Constitution

1. Proposal : An amendment can be proposed either by Parliament or by state legislatures. If initiated in Parliament, the proposal can begin in either the Lok Sabha or the Rajya Sabha. For state legislatures, the amendment can be introduced in either house of the specific state's legislature.
2. Approval : After the proposal is made, it must be approved by both houses of Parliament through a special majority. This special majority requires a two-thirds majority of the members present and voting, ensuring substantial support across the legislative chambers.
3. Ratification : Once Parliament approves the amendment, it must be ratified by the states. This ratification process is conducted by the state legislatures, requiring a simple majority (a majority of members present and voting). However, if the amendment involves changes to certain "federal provisions," it necessitates ratification by at least half of the state legislatures to ensure broader consensus among the states.
4. Presidential Assent : The final step in the amendment process is obtaining the assent of the President of India. This assent is mandatory; without it, the amendment cannot become part of the Constitution. The president's role is crucial in formalizing the amendment and ensuring it is recognized within the constitutional framework.

Amendments to the Indian Constitution

1. By simple majority
2. By special majority
3. By special majority with ratification from at least half of the states

List of important amendments for CLAT

1. First Amendment (1951) : The First Amendment addressed judicial interpretations that limited state powers to regulate freedom of speech. It introduced specific restrictions on free expression to maintain public order, decency, and morality. New grounds for limiting free speech included defamation, incitement to an offense, and contempt of court. This amendment was a response to the Supreme Court's ruling in Romesh Thappar vs. State of Madras (1950), which struck down state laws that curtailed free speech.
2. Fourth Amendment (1955) : The Fourth Amendment was enacted to rectify issues concerning property rights affected by Supreme Court rulings. It allowed the state to acquire private property for public purposes, mandating "just and adequate compensation" to property owners. This amendment was a response to the judgment in State of West Bengal vs. Bela Banerjee (1954), which invalidated certain state acquisition laws.
3. Twenty-Fourth Amendment (1971) : This amendment was introduced to counter the Supreme Court's decision in Golaknath vs. State of Punjab (1967), which held that Parliament could not amend fundamental rights. The Twenty-Fourth Amendment clarified that Parliament has the authority to amend any part of the Constitution, including fundamental rights, and such amendments are not subject to judicial review, reinforcing the supremacy of Parliament.
4. Forty-Second Amendment (1976) : Known as the "Mini-Constitution," the Forty-Second Amendment introduced significant changes during the Emergency period (1975-1977). It added the words "socialist" and "secular" to the Preamble, expanded the government's legislative powers concerning public order and security, and restricted the scope of judicial review. The amendment faced criticism for its authoritarian implications and was subsequently revised after the Emergency was lifted.
5. 44th Amendment (1978) : This amendment reversed many provisions of the controversial 42nd Amendment, particularly restoring certain fundamental rights that had been curtailed during the Emergency. It also included safeguards against the misuse of emergency powers, reinforcing civil liberties and the democratic framework of the country.
6. 52nd Amendment (1985) : This amendment introduced the Anti-Defection Law, aimed at preventing political defections by disqualifying members of Parliament and state legislatures who defect from their political parties. This law was designed to promote party stability and curb the practice of floor-crossing.
7. 61st Amendment (1989) : The 61st Amendment lowered the voting age from 21 to 18 years for elections to the Lok Sabha and state legislative assemblies. This change was significant in enhancing youth participation in the democratic process, recognizing the importance of young voters in shaping the future of the nation.
8. Seventy-Third Amendment (1992) : This amendment aimed to decentralize power and enhance local self-governance by establishing a constitutional framework for the Panchayati Raj system through the addition of Part IX to the Constitution. It provided constitutional status to Panchayati Raj institutions, ensuring democratic governance at the local level and empowering rural communities to participate in decision-making processes.
9. 86th Amendment (2002) : This amendment enshrined the right to education as a fundamental right for children aged 6 to 14 years (Article 21A). It also placed an obligation on parents and guardians to ensure educational opportunities for their children, reflecting a commitment to universal education and child welfare.
10. 91st Amendment (2003) : This amendment limited the size of the Council of Ministers to 15% of the total strength of the legislative house. It also tightened the provisions of the Anti-Defection Law, ensuring greater accountability and stability in the government by preventing excessive ministerial appointments.
11. Ninety-Fifth Amendment (2010) : Aimed at safeguarding the rights of Scheduled Castes and Scheduled Tribes, the Ninety-Fifth Amendment introduced Article 338B, establishing a National Commission for Scheduled Tribes (NCST). This amendment enhanced the NCST's powers and outlined its composition and functions, addressing the need for improved welfare and protection for Scheduled Tribes in India.
12. 99th Amendment (2014) : This amendment aimed to establish the National Judicial Appointments Commission (NJAC) for the appointment and transfer of judges in the higher judiciary. However, it was later declared unconstitutional by the Supreme Court, emphasizing the independence of the judiciary.
13. 100th Amendment (2015) : This amendment facilitated the implementation of the land boundary agreement between India and Bangladesh, specifically addressing the exchange of enclaves between the two nations. It was significant in enhancing bilateral relations and resolving long-standing territorial issues.
14. 101st Amendment (2016) : This landmark amendment introduced the Goods and Services Tax (GST), transforming India’s tax structure by creating a unified tax system. It aimed to simplify the taxation process, promote ease of doing business, and enhance revenue efficiency.
15. 103rd Amendment (2019) : This amendment provided for a 10% reservation in government jobs and educational institutions for economically weaker sections of society. It marked a significant step towards inclusive governance and social equity, ensuring that economically disadvantaged groups have access to opportunities.

Features of 42nd Amendment

1. Fundamental Duties : The amendment added a new part (Part IVA) to the Constitution, which enumerates the Fundamental Duties of citizens. These duties serve as a reminder to citizens of their responsibilities towards the nation.
2. Preamble : The amendment made changes to the Preamble of the Constitution by adding the words "Socialist," "Secular," and "Integrity," thereby emphasizing the commitment to these principles.
3. Judicial Review : The amendment limited the power of judicial review by stating that any law passed by Parliament cannot be challenged in courts on the grounds of violation of Fundamental Rights if it is made to give effect to the Directive Principles of State Policy.
4. Parliamentary Power : It expanded the powers of Parliament by allowing it to legislate on matters in the State List under certain circumstances.
5. Election of the President: The amendment made provisions for the election of the President and Vice President of India, ensuring that the electoral process was more streamlined.
6. Duration of the Legislative Assemblies : The amendment extended the duration of the Lok Sabha and State Legislative Assemblies from five years to six years.
7. Amendment Process : It also altered the process for amending the Constitution, making it easier for Parliament to amend certain provisions.
8. Constitutional Authority : The amendment sought to enhance the authority of the central government over the states, thereby centralizing power.