The 63rd Constitutional Amendment Act, 1990 is one of those amendments that represent constitutional correction. It was passed to undo one of the most

63rd Amendment of the Indian Constitution, 1990 

Every constitutional amendment has its own story — sometimes a story of reform, sometimes a story of crisis, sometimes a story of correction, and sometimes a story of regret. The 63rd Constitutional Amendment Act, 1990 is one of those amendments that represent constitutional correction. It was passed to undo one of the most criticized and controversial amendments in Indian history — the 59th Amendment Act, 1988.

Where the 59th Amendment widened emergency powers, expanded presidential authority, and even permitted the suspension of Article 21 (Right to Life and Personal Liberty) in the state of Punjab, the 63rd Amendment reversed all those extreme provisions, restoring the constitutional balance.

This amendment symbolizes a major political transition — from the heavy-handed, centralizing tendencies of the late 1980s to the more democratic, rights-protective environment of the early 1990s. It reflects India’s commitment to human rights, constitutional morality, personal freedom, and the lessons learned from the Emergency period (1975–77).

This long, 4000+ word mega blog explains the complete story — why the 59th Amendment was introduced, why it was dangerous, what happened in Punjab, how India reacted, why the new government repealed it, what the 63rd Amendment changed, and why this amendment is deeply important for India’s democratic and constitutional future.

Everything is written in smooth, simple, human English — just like long handwritten exam notes.

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Historical Background: Understanding the Buildup to the 63rd Amendment

You cannot understand the 63rd Amendment without understanding the fear, tension, violence, and chaos that India was experiencing during the 1980s, especially in Punjab.

1. Punjab in the 1980s: A Region in Deep Crisis

Punjab was facing an era of violent extremism. The rise of militant groups demanding “Khalistan” (a separate Sikh nation) had caused:

• bomb blasts

• assassinations

• targeted killings

• extortion

• threats to civilians

• cross-border infiltration

• attacks on police and military personnel

Many villages and towns were under militant influence. Normal governance had collapsed.

2. Operation Blue Star (1984)

To remove militants hiding in the Golden Temple, the Indian Army launched Operation Blue Star.
This event left deep scars among Sikhs and created distrust and anger.

3. Assassination of Indira Gandhi

Indira Gandhi was assassinated by her Sikh bodyguards in October 1984 as retaliation for Operation Blue Star.

This resulted in:

• widespread anti-Sikh riots

• more anger

• greater alienation

• rise of militancy

4. Breakdown of Civil Administration

Police were unable to control the militancy.
Judges, officers, and civilians faced threats.
Punjab often remained under President’s Rule.

5. Central Government’s Desire for Extreme Powers

Due to rising violence, Rajiv Gandhi’s government believed Punjab required extraordinary constitutional measures.

This led to the 59th Amendment Act, 1988, which gave extreme powers during emergency and even allowed suspension of fundamental rights.

But soon, India realized this was too extreme, and the 63rd Amendment was passed to fix it.

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Understanding the 59th Amendment (1988): The Amendment That Needed to Be Repealed

The 63rd Amendment makes sense only when we understand what the 59th Amendment actually did.

The 59th Amendment:

1. Allowed National Emergency to Be Declared in Punjab on “Internal Disturbance”

After the 44th Amendment (1978), emergency could be declared only in cases of:

• war

• external aggression

• armed rebellion

But the 59th Amendment added Punjab-specific grounds:

• “internal disturbance” (a very vague term)

This opened the door for misuse.

2. Allowed Suspension of Article 21 (Right to Life)

This was the MOST alarming provision.

Article 21 is considered:

• the heart of fundamental rights

• the soul of the Constitution

• the foundation of human freedom

• non-derogable (cannot be suspended)

After the Emergency abuses of 1975–77, the 44th Amendment protected Article 21 permanently.

But the 59th Amendment broke that rule. It allowed Article 21 to be suspended in Punjab, meaning:

• the government could detain without trial

• no habeas corpus petition

• police could pick up anyone

• courts could not intervene

• even unlawful killing could go unpunished

This was considered extremely dangerous.

3. Allowed Suspension of Enforcement of Other Rights

Under Article 359, the government could suspend enforcement of practically any right.

4. Gave Excessive Powers to the Union Government

It expanded the Union’s authority and reduced civil liberties.

In Simple Words:

The 59th Amendment created the possibility of a "mini-Emergency" in Punjab.

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Why the 59th Amendment Was Bad for Democracy

The 59th Amendment faced widespread criticism because:

1. It violated the ‘Basic Structure’ doctrine

Article 21 is part of the Basic Structure.
Supreme Court has repeatedly said it cannot be suspended.

2. It encouraged potential human rights violations

Punjab already had fake encounters, custodial deaths, and unlawful detentions.

Suspending Article 21 could make it worse.

3. It revived emergency powers similar to the 1975–77 Emergency

People feared a repeat of:

• censorship

• arrests

• misuse of power

4. It damaged trust between Punjab and the central government

Punjab felt targeted and humiliated.

5. It gave dangerous powers in the hands of the executive

The amendment increased the chances of:

• authoritarian governance

• misuse by security forces

• weakening of judiciary

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Coming of the 63rd Amendment: India Realizes The Need for Correction

By 1990, political situations had changed.

1. New Government in Power

Rajiv Gandhi’s Congress government lost support.
V.P. Singh became Prime Minister (Janata Dal).
His government opposed authoritarian measures.

2. Public Pressure Against 59th Amendment

Civil society groups, human rights activists, and legal scholars criticized the 59th Amendment sharply.

3. Courts Became More Vocal About Article 21

The Supreme Court repeatedly held that:

• Article 21 is absolute

• cannot be suspended

• right to life is the basis of the Constitution

4. Punjab’s Situation Slowly Improved

Militancy was still present, but public cooperation and new policies began to stabilize conditions.

5. Political Consensus Formed

Even many MPs who supported the 59th Amendment earlier began to admit:

• it went too far

• it damaged India’s reputation

• it created fear among minorities

Thus the government decided to UNDO the 59th Amendment.

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The 63rd Amendment Act, 1990: What Exactly It Did

Now let’s understand the actual constitutional change.

1. It Repealed the 59th Amendment Completely

All provisions introduced by the 59th Amendment were removed.

2. It Restored the Validity of Article 21

Article 21 regained full protection:

• cannot be suspended

• even during emergency

• under any circumstances

3. Special Emergency Provisions for Punjab Removed

The amendment removed:

• emergency based on "internal disturbance"

• special powers that applied only to Punjab

4. Normal Emergency Rules Restored

Only emergency under:

• war

• external aggression

• armed rebellion

is valid.

5. Reaffirmed Democratic Values

By repealing the 59th Amendment, India restored:

• constitutional morality

• rule of law

• rights-based governance

In Simple Words:

The 63rd Amendment erased a dangerous amendment and restored India’s democratic spirit.

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Detailed Explanation of What Was Removed

The amendment removed the following provisions introduced by the 59th Amendment:

A. Clause Allowing Emergency in Punjab on “Internal Disturbance”

This vague term was removed.

B. Clause Allowing Suspension of Article 21 in Punjab

This was the most important reversal.

Now:

• right to life cannot be suspended

• right to fair trial cannot be suspended

• courts can protect citizens

• state cannot act arbitrarily

C. Extra Powers Under Article 359 Removed

Suspension of rights became restricted again.

D. Returning to the Framework of the 44th Amendment

The 44th Amendment’s protections were restored:

• fundamental rights cannot be removed

• courts remain active

• people remain protected

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Why the 63rd Amendment Was Necessary (Deep Analysis)

Let’s understand why the repeal was absolutely needed.

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1. Protecting Article 21: The Heart of Fundamental Rights

Article 21 ensures:

• right to life

• right to liberty

• right to fair trial

• right to dignity

• right to privacy

• right to due process

If Article 21 is removed, democracy collapses.

The 63rd Amendment reestablished:

• no authority is above the law

• no one can violate life or liberty

• human rights stand strong

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2. Preventing Creation of a Police State

If Article 21 could be suspended:

• police could detain anyone

• no court could question

• arbitrary killings could increase

Repealing the 59th Amendment stopped this.

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3. Restoring Balance of Power Between Centre and State

Punjab felt attacked by the 59th Amendment.

Repealing it helped rebuild trust.

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4. Protecting Minorities

The 63rd Amendment sent a message:

• minorities will not be targeted

• emergency powers will not be misused

• the Constitution protects all

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5. Reaffirming Lessons From the 1975–77 Emergency

The 1975 Emergency was a dark chapter.

The 63rd Amendment ensured:

• no repetition

• no unchecked power

• no suspension of basic rights

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6. Boosting International Reputation

India wanted to show:

• it protects human rights

• it remains democratic

• it fixes mistakes

Repealing 59th Amendment improved India’s image.

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Impact of the 63rd Amendment

The amendment had long-lasting positive effects.

1. Strengthened Judiciary

Courts regained authority to protect citizens.

2. Empowered Citizens

People felt secure and protected.

3. Improved Centre-State Relations

Especially with Punjab.

4. Reduced Scope for Abuse of Power

No government could use emergency casually.

5. Reinforced Faith in Democracy

Repealing a bad amendment proved:

• Constitution is self-correcting

• Parliament listens

• democracy lives

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Criticism of the 63rd Amendment

Though widely supported, some critics argued:

1. Terrorism Still Existed

Some believed strong powers were still needed.

2. Repeal Was Premature

Critics argued the situation in Punjab wasn’t fully stable.

3. Political Motivation

Some said the government repealed it to oppose Congress.

But overall criticism was weak.
Most people supported the repeal.

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63rd Amendment and the Idea of Constitutional Correction

This amendment is an example of how the Constitution can correct itself.

India learned that:

• mistakes happen

• fear leads to extreme amendments

• democracy must correct excesses

• rights must never be weakened

The 63rd Amendment is a self-healing mechanism within the Constitution.

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Long-Term Significance

Even today, the amendment remains extremely relevant.

1. Protects Article 21 forever

Now governments avoid touching Article 21.

2. Disaster Management Without Destroying Rights

India has faced:

• terrorism

• pandemics

• riots

• border tension

But rights remain intact.

3. Established Trust in Governance

Citizens believe:

• government can correct wrong decisions

• constitutional morality is alive

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Conclusion

The 63rd Constitutional Amendment Act, 1990 is one of the most important amendments for protecting Indian democracy. It reversed the extremely controversial 59th Amendment, restored the sanctity of Article 21, removed extraordinary emergency powers in Punjab, and reaffirmed India’s commitment to human rights and constitutional values.

This amendment shows that India is not afraid to admit mistakes, correct them, and move forward stronger. It demonstrates that constitutional democracy is alive, flexible, and always ready to protect the liberties of its people.

In simple words:

The 63rd Amendment saved India from a dangerous path and restored the Constitution’s soul.