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Polity, Governance and Current Affairs

Key Points at a Glance

Basic Structure Doctrine, Amendment Process, Major Changes

Paper III · Unit 1 Section 1 of 10 0 PYQs 23 min
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Key Points at a Glance

  1. Basic Structure Doctrine — Kesavananda Bharati (1973)

    • Established in Kesavananda Bharati v. State of Kerala (1973)
    • 13-judge Supreme Court bench, razor-thin 7:6 majority
    • Parliament can amend any part under Article 368
    • Cannot destroy or abrogate the Constitution's "Basic Structure"

  2. Basic Structure — Elements Identified by the Supreme Court

    • Supremacy of Constitution; republican and democratic form of government
    • Secular character; separation of powers; federal character
    • Judicial review; rule of law; free and fair elections
    • Independence of judiciary; unity and integrity of India
    • Fundamental Rights including Article 32

  3. Article 368 — Amendment Procedure

    • Bill must be passed by each House separately by special majority
    • Special majority = absolute majority of total membership + two-thirds of present and voting
    • Some amendments additionally need ratification by at least half the state legislatures

  4. Three Types of Amendment Procedures

    • (i) Simple majority — ordinary legislation, e.g., creating new states, abolishing Upper Houses
    • (ii) Special majority — two-thirds + absolute majority; most constitutional amendments
    • (iii) Special majority + state ratification — federal provisions: judiciary, election of President, distribution of powers

  5. 42nd Amendment Act, 1976 — the "Mini-Constitution"

    • Passed during Emergency; most comprehensive amendment ever
    • Added "Socialist" and "Secular" to the Preamble
    • Inserted Fundamental Duties under Article 51A
    • Shifted several subjects from State to Concurrent List; curtailed judicial review
    • Gave primacy to all DPSPs over Articles 14 and 19

  6. 44th Amendment Act, 1978 — Reversing the Emergency Legacy

    • Reversed many changes made by the 42nd Amendment
    • Removed Right to Property from Fundamental Rights — converted to legal right under Article 300A
    • Restored judicial review for preventive detention
    • Restored pre-Emergency judicial powers

  7. 73rd and 74th Amendments (1992) — Local Self-Government

    • 73rd Amendment constitutionalised Panchayati Raj; added 11th Schedule (29 functions to Panchayats)
    • 74th Amendment constitutionalised Urban Local Bodies; added 12th Schedule (18 functions)
    • Both created State Finance Commissions and State Election Commissions

  8. 86th Amendment (2002) — Right to Education

    • Inserted Article 21A — Free and Compulsory Education for children aged 6–14 made a Fundamental Right
    • Implemented via the RTE Act 2009
    • Also added the 11th Fundamental Duty: parents' duty to provide education to children

  9. 101st Amendment (2016) — GST

    • Introduced Goods and Services Tax (GST) — replaced multiple indirect taxes
    • Constituted the GST Council under Article 279A
    • Article 246A allows both Parliament and State Legislatures to legislate on GST
    • Most significant fiscal federalism amendment since 1950

  10. 103rd Amendment (2019) — EWS Reservation

    • Inserted Articles 15(6) and 16(6): 10% reservation for Economically Weaker Sections (EWS)
    • Covers educational institutions and government employment
    • Upheld by Supreme Court in Janhit Abhiyan v. Union of India (2022) — 3:2 majority

  11. Article 370 Abrogation (2019)

    • Accomplished through Presidential Order and Parliamentary resolution under Article 356
    • Removed J&K's special status; Parliament acted as J&K Constituent Assembly
    • Supreme Court upheld the abrogation in December 2023 (In Re: Article 370)
    • Court directed elections in J&K by September 2024

  12. Doctrine of Prospective Overruling

    • Introduced in Golak Nath (1967): SC decisions overruling earlier rulings apply prospectively only
    • Protected vested rights created under previous law
    • This doctrine itself was overruled in Kesavananda Bharati (1973)