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Predicted Questions with Model Answers
Q1 (5 marks — 50 words): What is the Basic Structure Doctrine? Name any four elements.
Model Answer:
The Basic Structure Doctrine, established in Kesavananda Bharati v. State of Kerala (1973) by a 7:6 majority, holds that Parliament can amend any constitutional provision under Article 368 but cannot destroy the Constitution's essential features. Four Basic Structure elements: (1) judicial review, (2) independence of judiciary, (3) secular character, (4) free and fair elections. The doctrine limits unlimited parliamentary sovereignty.
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Q2 (5 marks — 50 words): Explain the procedure for amending the Indian Constitution under Article 368.
Model Answer:
Article 368 requires an amendment bill to be passed in each House of Parliament separately by: (i) an absolute majority of total membership, and (ii) two-thirds majority of members present and voting. For provisions affecting federal balance, at least half the state legislatures must ratify. The President must give assent and cannot withhold it. No joint sitting provision exists for deadlocked amendments.
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Q3 (5 marks — 50 words): What did the 42nd and 44th Constitutional Amendments change?
Model Answer:
The 42nd Amendment (1976) added "Socialist" and "Secular" to the Preamble, inserted Fundamental Duties (Article 51A), gave all DPSPs primacy over Articles 14 and 19, and restricted judicial review. Called the "mini-Constitution." The 44th Amendment (1978) reversed key changes: removed the Right to Property from Fundamental Rights (made legal right under Article 300A), restored judicial powers, and required Cabinet's written advice for emergencies.
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Q4 (10 marks — 150 words): "The Basic Structure Doctrine represents a creative judicial innovation that preserves the spirit of the Indian Constitution." Critically analyse with reference to landmark cases.
Model Answer:
The Basic Structure Doctrine emerged from a decade-long conflict between Parliament and the Supreme Court over the amending power. In Golak Nath (1967), the Court held Parliament could not abridge Fundamental Rights. Parliament responded with the 24th Amendment (1971) asserting unlimited amending power. The 13-judge bench in Kesavananda Bharati (1973) achieved a nuanced synthesis: Parliament can amend any provision but cannot destroy the Constitution's essential identity — its supremacy, democratic-republican character, secularism, separation of powers, judicial review, and federalism.
The doctrine has proved a powerful check on constitutional adventurism. The 39th Amendment (1975) — shielding the Prime Minister's election from judicial review — was struck down in Indira Gandhi v. Raj Narain (1975). The 42nd Amendment's blanket exclusion of judicial review was invalidated in Minerva Mills (1980). Most recently, the NJAC (99th Amendment, 2014) was struck down in 2015 for violating judicial independence.
Critics argue the doctrine gives unelected judges veto power over elected Parliament. Supporters contend it prevents constitutional autocracy — the very danger Dr. Ambedkar warned against. The doctrine's virtue is its flexibility: the Basic Structure's content is not exhaustively defined, allowing courts to apply it contextually. India's experience has influenced South Asian constitutions (Bangladesh, Pakistan) and academic constitutional theory globally.
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Q5 (5 marks — 50 words): Discuss the significance of the 73rd and 74th Constitutional Amendments.
Model Answer:
The 73rd Amendment (1992) constitutionalised Panchayati Raj by adding Part IX and the 11th Schedule (29 functions); the 74th Amendment did the same for Urban Local Bodies (Part IXA, 12th Schedule with 18 functions). Both mandated State Election Commissions, State Finance Commissions, and reservations for women (1/3), SC/ST. These amendments operationalised Article 40's Gandhian DPSP on village panchayats.
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Q6 (5 marks — 50 words): What is the 9th Schedule and how has the Supreme Court limited its immunity?
Model Answer:
The 9th Schedule (added by 1st Amendment, 1951) contains laws immune from Fundamental Rights challenges — originally 13 land reform laws, now 284 laws. In I.R. Coelho v. State of Tamil Nadu (2007), a 9-judge bench held that laws inserted into the 9th Schedule after 24 April 1973 (Kesavananda date) can be challenged if they violate the Basic Structure.
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