Indian Polity & Governance·Amendments
Election and Powers — Amendments
Constitution VerifiedUPSC Verified
Version 1Updated 6 Mar 2026
| Amendment | Year | Description | Impact |
|---|---|---|---|
| 7th Amendment Act | 1956 | This amendment facilitated the appointment of the same person as Governor for two or more states. While not directly altering presidential powers, it streamlined the administrative structure, impacting the President's role in appointing Governors and overseeing state administration. | Enabled greater flexibility in gubernatorial appointments, indirectly affecting the President's executive function related to states. It was part of a larger reorganization of states. |
| 42nd Amendment Act | 1976 | This amendment, often called a 'mini-Constitution,' made the President bound by the 'aid and advice' of the Council of Ministers. It inserted the words 'shall act in accordance with such advice' in Article 74(1), effectively removing any ambiguity regarding the President's discretion. | Significantly curtailed the President's discretionary powers, firmly establishing the supremacy of the Council of Ministers and reinforcing the parliamentary character of the Indian executive. It made the President a purely constitutional head. |
| 44th Amendment Act | 1978 | Enacted to reverse some of the changes of the 42nd Amendment, this act added a proviso to Article 74(1), allowing the President to require the Council of Ministers to reconsider any advice. However, the President 'shall act in accordance with the advice tendered after such reconsideration.' | Restored a limited power to the President to send back advice for reconsideration, providing a crucial, albeit single, opportunity for the President to counsel the government. It acts as a check without undermining the ultimate authority of the elected government. |
| 70th Amendment Act | 1992 | This amendment included the National Capital Territory of Delhi and the Union Territory of Puducherry in the Electoral College for the election of the President. | Expanded the Electoral College, giving elected members of the legislative assemblies of these two Union Territories the right to vote in the presidential election, thereby enhancing their representation in the federal structure. |
| 84th Amendment Act | 2001 | This amendment extended the freeze on the readjustment of constituencies and the population figures used for calculating vote values in presidential elections until the first census after 2026. | Ensured that states that successfully implemented population control measures were not penalized by a reduction in their representation in the Electoral College, maintaining the 1971 census figures for vote value calculations for a longer period. |