Tag: Kesavananda Bharati Case

BASIC STRUCTURE OF THE CONSTITUTION Constitutional Amendments and Basic Structure are crucial topics for UPSC 2025 Prelims. The Basic Structure doctrine, established in the Kesavananda Bharati case (1973), limits Parliament’s power to amend the Constitution under Article 368, ensuring that core principles like democracy, secularism, and the rule of law remain intact. This quick revision guide will help you understand the key amendments and their significance, so you can be well-prepared for the exam. 🔹 Element 🔹 Details Supremacy of the Constitution Constitution is the highest law (Art. 245) Sovereignty, Democracy, Republic Preamble keywords – power rests with the people Secularism State has no religion – upheld in SR Bommai case (1994) Separation of Powers Not explicitly mentioned, implied through structure Federalism Division of power (Union List, State List – Schedule 7) Unity & Integrity of India Added via 42nd Amendment (1976) Welfare State Directive Principles (Part IV) Judicial Review Art. 13 & Art. 32 – Courts can strike unconstitutional laws Individual Freedom & Dignity Part III (Fundamental Rights), especially Art. 21 Parliamentary System Council of Ministers headed by PM (Art. 74 & 75) Rule of Law Equality before law (Art. 14), upheld in ADM Jabalpur case Balance between FRs & DPSPs Art. 14–32 vs. Art. 36–51 Free & Fair Elections Art. 324 – Election Commission Independence of Judiciary Security of tenure, no arbitrary removal Limited Parliament Power Art. 368 subject to SC review Access to Justice Art. 39A (DPSP) – Legal aid for all Essence of Fundamental Rights Cannot be diluted beyond recognition SC Powers Art. 32 (writs), Art. 136 (special leave), Art. 141, 142 HC Powers Art. 226, 227 – writ jurisdiction [caption id="attachment_26085" align="aligncenter" width="330"] Constitutional Amendments and Basic Structure UPSC 2025[/caption] IMPORTANT CONSTITUTIONAL AMENDMENTS – FACTUAL HIGHLIGHTS 🔴 1st Amendment (1951) Added: Art. 31A & 31B, 9th Schedule Restricted: Freedom of speech (Art. 19(2)) Context: To protect land reforms laws from litigation 🔴 24th Amendment (1971) Amended Art. 13 & Art. 368 Made constitutional amendments valid even if they affect FRs Response to Golak Nath case (1967) 🔴 25th Amendment (1971) Restricted Right to Property (Art. 31C) Allowed laws giving effect to DPSPs (Art. 39(b)(c)) to override FRs 🔴 26th Amendment (1971) Abolished: Privy Purses, Art. 291 & 362 🔴 42nd Amendment (1976) – “Mini Constitution” Added: "Socialist", "Secular", "Integrity" to Preamble Added: Part IV-A – Fundamental Duties Limited judicial review, gave primacy to DPSPs Extended Lok Sabha & State Assemblies’ term to 6 years Created Art. 323A, 323B – Tribunals Moved Education, Forests, Wildlife to Concurrent List 🔴 43rd (1977) & 44th (1978) Amendments Restored Judiciary Powers curtailed by 42nd 44th: Made Art. 20 & 21 non-suspendable during Emergency Replaced “internal disturbance” with armed rebellion in Art. 352 Removed Right to Property (Art. 31) from FRs; made it a legal right under Art. 300A 🔴 52nd Amendment (1985) Introduced Anti-Defection Law Added: Tenth Schedule Grounds: Voluntary giving up membership, voting against party whip 🔴 61st Amendment (1989) Reduced voting age from 21 to 18 years Amended: Art. 326 🔴 73rd Amendment (1992) Gave constitutional status to Panchayati Raj Added Part IX & 11th Schedule 🔴 74th Amendment (1992) Empowered Urban Local Bodies (Municipalities) Added Part IX-A & 12th Schedule 🔴 86th Amendment (2002) Inserted: Art. 21A – Free & compulsory education (6–14 years) Amended: Art. 45, Added new Duty under Art. 51A(k) 🔴 97th Amendment (2011) Constitutional status to Co-operative Societies Added: Art. 19(1)(c), Art. 43B, Part IX-B 🔴 99th Amendment (2014) (Struck down) Replaced Collegium System with NJAC Declared unconstitutional in 2015 SC verdict (violated judicial independence) 🔴 100th Amendment (2015) Implemented India–Bangladesh Land Boundary Agreement (LBA) Affected: States of Assam, Meghalaya, Tripura, West Bengal 🔴 101st Amendment (2016) Introduced Goods and Services Tax (GST) Amended: Art. 246A, Art. 269A, Art. 279A GST Council created under Art. 279A 🔴 102nd Amendment (2018) National Commission for Backward Classes (NCBC) became constitutional Inserted: Art. 338B Gave President power to notify SEBCs 🔴 103rd Amendment (2019) Added 10% EWS reservation in education & jobs Amended: Art. 15(6), 16(6) Applied to general category poor 🔴 104th Amendment (2020) Removed Anglo-Indian reserved seats Extended SC/ST reservation in Lok Sabha & State Assemblies to 2030 🔴 105th Amendment (2021) Restored power of States to identify SEBCs Clarified 102nd Amendment interpretation post Maratha judgment 106th Constitutional Amendment Act, 2023 Act Name: Constitution (106th Amendment) Act, 2023 Popular Name: Women’s Reservation Act, 2023 Date Passed: September 2023 Effective After: Next Census + Delimitation Reservation Provided: 1/3rd seats in Lok Sabha, State Assemblies, and Delhi Assembly Includes SC/ST reserved seats Duration: 15 years (can be extended by Parliament) Rotation of Seats: After each delimitation, by law Objective: Enhance women’s political representation Historical Context: Rooted in 1988 National Perspective Plan Built on 73rd & 74th Amendments (Local body reservation) Multiple failed bills (1996, 1998, 1999, 2008, 2010)

Tag: Kesavananda Bharati Case

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