Amendment & Basic Structure

• Can be initiated by:
• – Rajya Sabha
• – Lok Sabha
• – ✗ State legislature
• – ✗ President
• Bill can be presented:
• – by private member also
• – ✗ only after President's Recommendation
• ✗ Joint sitting possible
• ✗ Ordinance can be used
• Can be challenged in:
• – High court
• – Supreme court
• President must give assent; can't withhold or return (24th amendment 1971)

• Article 368
• – Special majority
• – FR, DPSP, FD, etc
• – Special majority + Ratification by atleast 50% states by simple majority
• – Schedule 4: allocation of RS seats
• – Schedule 7: three lists
• – Election of President
• – Goods and Services Tax Council; etc …
• Other articles
• – Simple majority
• – Schedule 2
• – Schedule 5 and Schedule 6
• – Add new state; alter boundaries/names
• – Create/abolish state legislative councils
• – Rules of Procedure in Parliament
• – Quorum in Parliament; salaries of MPs
• – Use of Official language
• – Increase powers of SC; etc …

• It can be amended as per needs of society
• It has flexibility of interpretation
• But Basic structure should not change.
• Courts have most important role in this.

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: Neither 1 nor 2

An amendment bill can be introduced in either House, and federal amendments need ratification by half of the States, not all.

1. 1, 2 and 3
2. 1, 2 and 4
3. 1, 3 and 4
4. 2, 3 and 4

Answer: 1, 2 and 3

Election of President, representation of States in Parliament and the 7th Schedule lists need ratification; abolishing a Legislative Council needs only a simple majority (Art. 169).

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: 2 only

The 39th Amendment (not 44th) placed the PM's election beyond judicial review; the 99th Amendment (NJAC) was struck down in 2015.

• 1951 — 1 — 9th Schedule
• 1956 — 7 — State reorganization
• 1975 — 39 — Election of President, Vice-President, Prime Minister, Speaker beyond judicial review.
  Struck down by Supreme Court in 1976 for violating Basic Structure.
• 1985 — 52 — 10th schedule (Anti Defection law)
• 1987 — 56 — Goa became State;
  Daman & Diu became UT
• 1988 — 61 — Lowered voting age from 21 to 18 years for Lok Sabha and State Legislative Assemblies
• 1991 — 69 — Delhi got special status, to be called as National Capital Territory of Delhi;
  Delhi got Legislative Assembly and a Council of Ministers
• 2001 — 84 — Froze constituency boundaries till first census after 2026
• 2003 — 91 — Restrict the size of council of ministers to 15% of legislative members;
  Strengthened Anti Defection law
• 2003 — 92 — Added four languages (Bodo, Dogri, Santali, Maithili) to 8th schedule
• 2005 — 93 — OBC reservation in government and private educational institutions
• 2014 — 99 — NJAC: National Judicial Appointments Commission;
  Struck down by Supreme Court in 2015 for violating Basic Structure
• 2015 — 100 — Exchange of certain Enclaves with Bangladesh
• 2016 — 101 — GST
• 2018 — 102 — NCBC given Constitutional status
• 2019 — 103 — EWS reservation
• 2019 — 104 — Extended reservation for SC/ST in Lok Sabha/State Legislative Assemblies for another 10 years;
  Did not extend reservation for Anglo-Indians in Lok Sabha/State Legislative Assemblies
• 2021 — 105 — Restored states' power to make their own OBC lists

• ✗ Defined in Constitution
• ✗ Introduced by 44th amendment
• ✗ Can be amended by special majority in Parliament
• Introduced by SC in Kesavananda Bharati case 1973
• 24th April, 1973 – 13 judge bench – largest bench ever
• Kesavananda Bharti lost the case
• Judiciary decides what comes under basic structure

• Democracy, Free and fair elections
• Judicial review, Independence of Judiciary
• Powers of SC u/a 32, 136, 141, 142
• Powers of HC u/a 226, 227
• Article 226: issue order/writ for FR or other purpose
• Article 227: HC has superintendence on courts / tribunals in its area
• Article 32: approach SC for FR
• Article 136: Special leave petition (except military tribunal & court martial)
• Article 141: SC decision binding on other courts
• Article 142: SC can pass any order necessary to do “complete justice”

• Democracy, Free and fair elections
• Judicial review, Independence of Judiciary
• Powers of SC u/a 32, 136, 141, 142
• Powers of HC u/a 226, 227
• Article 226: issue order/writ for FR or other purpose
• Article 227: HC has superintendence on courts / tribunals in its area
• Article 32: approach SC for FR
• Article 136: Special leave petition (except military tribunal & court martial)
• Article 141: SC decision binding on other courts
• Article 142: SC can pass any order necessary to do “complete justice”

1. government by legislature
2. popular government
3. multi-party government
4. limited government

Answer: limited government

A constitutional government is a limited government.

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: 2 only

It restricts the State's authority in the interest of individual liberty.

1. Golak Nath case
2. Minerva Mills case
3. Kesavananda Bharati case
4. None of the above

Answer: Kesavananda Bharati case

Kesavananda Bharati (1973) propounded the basic structure doctrine.

1. certain features of the Constitution are so essential to it that they cannot be abrogated
2. fundamental rights cannot be abridged or taken away
3. the Constitution cannot be amended except in accordance with the procedure prescribed in Article 368
4. the Preamble of the Constitution cannot be amended for it is not a part of the Constitution and at the same time represents its real spirit

Answer: certain features of the Constitution are so essential to it that they cannot be abrogated

Certain features are so essential that they cannot be abrogated even by amendment.