Social Justice & Welfare·Amendments
Fundamental Rights and Social Justice — Amendments
Constitution VerifiedUPSC Verified
Version 1Updated 9 Mar 2026
| Amendment | Year | Description | Impact |
|---|---|---|---|
| 1st Amendment Act | 1951 | Added Articles 15(4) and 19(6) to enable the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes, and to impose reasonable restrictions on the right to freedom of speech and expression. | Crucial for the implementation of affirmative action policies and reservation, directly addressing social justice for backward classes. Also clarified the scope of reasonable restrictions on free speech. |
| 25th Amendment Act | 1971 | Inserted Article 31C, which provided that no law giving effect to the Directive Principles contained in Article 39(b) and (c) could be challenged on the grounds of contravening Articles 14, 19, or 31 (now repealed). It also limited the right to property. | Prioritized certain Directive Principles over Fundamental Rights (Articles 14, 19) in specific contexts, reflecting a shift towards socio-economic justice. This was a significant point of contention leading to the Basic Structure Doctrine. |
| 42nd Amendment Act | 1976 | Extended the scope of Article 31C to cover all Directive Principles, making any law implementing any DPSP immune from challenge under Articles 14, 19, and 21. Also added Fundamental Duties. | Further elevated the status of DPSPs over Fundamental Rights, a move later curtailed by the Supreme Court in the Minerva Mills case, which reaffirmed the 'harmony and balance' between FRs and DPSPs as part of the basic structure. |
| 44th Amendment Act | 1978 | Repealed the Right to Property (Article 31) as a Fundamental Right, making it a legal right under Article 300A. It also restored some of the provisions curtailed by the 42nd Amendment and provided safeguards against the misuse of emergency provisions, particularly regarding the suspension of Fundamental Rights. | Significantly altered the landscape of Fundamental Rights by removing property rights from Part III. Strengthened the protection of Articles 20 and 21 during emergencies, ensuring they cannot be suspended, a crucial safeguard for individual liberty. |
| 86th Amendment Act | 2002 | Inserted Article 21A, making elementary education a Fundamental Right for children between 6 and 14 years. It also changed Article 45 and added a new Fundamental Duty under Article 51A(k). | A monumental step towards realizing social justice through education, making the right to education a justiciable right and placing a direct obligation on the state to provide it. This directly empowers children and contributes to breaking cycles of poverty and inequality. |
| 103rd Amendment Act | 2019 | Inserted Articles 15(6) and 16(6), providing for a 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions. | Introduced a new criterion for affirmative action based purely on economic backwardness, distinct from social and educational backwardness. This expanded the scope of reservation policy and sparked debates on the interpretation of equality and social justice. |