Constitutional Amendments Basic Structure UPSC 2025 Revision

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

Constitutional Amendments and Basic Structure UPSC 2025

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)