Chapter 38: Amendment of the Constitution — Procedure, Important Amendments, Doctrine of Basic Structure
Introduction
The Constitution of India is a living document —
It needs to adapt to changing needs while maintaining its core values.
Thus, Amendment is essential:
- For flexibility,
- For modernization,
- While safeguarding the basic structure.
Constitutional Provision for Amendment
| Article | Purpose |
|---|---|
| Article 368 | Provides the procedure for amendment of the Constitution. |
Why Amendments are Needed
- To meet new social, economic, political challenges,
- To incorporate new ideas (e.g., Right to Education),
- To correct loopholes (e.g., anti-defection measures),
- To protect constitutional morality and values.
Types of Amendment Procedures
The Constitution provides three ways to amend itself:
| Type | Procedure |
|---|---|
| 1. By Simple Majority of Parliament | Like passing an ordinary law (outside Article 368). |
| 2. By Special Majority of Parliament | As per Article 368 (standard method). |
| 3. By Special Majority + Ratification by half of States | For federal matters (like High Court jurisdiction, election of President, etc.). |
1. Simple Majority Amendments (Outside Article 368)
Changes which can be made by simple majority:
- Formation of new states,
- Alteration of state boundaries,
- Abolition or creation of Legislative Councils,
- Delimitation of constituencies.
2. Special Majority Amendments (Article 368)
- Requires special majority:
- Majority of total membership of each House AND
- Two-thirds of the members present and voting.
Used for most amendments like:
- Fundamental Rights,
- Directive Principles,
- Union-State relations.
3. Special Majority + State Ratification
Besides special majority, approval of half of State Legislatures needed.
Applied for amendments affecting:
- Federal structure,
- Representation of states in Parliament,
- Powers of President, Judiciary, etc.
Examples:
- 7th Amendment (States Reorganization),
- 101st Amendment (GST introduction).
Important Terms
| Term | Meaning |
|---|---|
| Special Majority | Majority of total membership + 2/3rd of members present and voting. |
| Ratification | Approval by more than half of the states. |
Important Amendments in Indian Constitution
| Amendment | Year | Importance |
|---|---|---|
| 1st | 1951 | Added Reasonable Restrictions on Fundamental Rights (Art 19). |
| 7th | 1956 | States Reorganisation based on language. |
| 24th | 1971 | Affirmed Parliament’s power to amend Fundamental Rights. |
| 42nd | 1976 | Mini-Constitution; added words: “Socialist”, “Secular”, “Integrity” in Preamble; strengthened Centre. |
| 44th | 1978 | Restored Fundamental Rights (post-Emergency); deleted Right to Property as FR. |
| 52nd | 1985 | Anti-Defection Law introduced (Tenth Schedule). |
| 61st | 1988 | Voting age reduced from 21 to 18 years. |
| 73rd | 1992 | Constitutional status to Panchayati Raj Institutions. |
| 74th | 1992 | Constitutional status to Urban Local Bodies (Municipalities). |
| 86th | 2002 | Right to Education made Fundamental Right. |
| 101st | 2016 | Introduction of Goods and Services Tax (GST). |
| 103rd | 2019 | 10% reservation for Economically Weaker Sections (EWS). |
Doctrine of Basic Structure
Origin
- Laid down in Kesavananda Bharati Case (1973).
Essence
Parliament can amend any part of the Constitution,
BUT cannot alter the basic structure.
Basic Structure includes:
| Element | Details |
|---|---|
| Supremacy of the Constitution | Constitution is the highest law. |
| Republican and democratic form of government | People’s rule through representatives. |
| Secular character of the Constitution | No state religion. |
| Separation of powers | Legislative, Executive, Judiciary are independent. |
| Federal character | Division of powers between Centre and States. |
| Judicial review | Courts can strike down unconstitutional laws. |
| Fundamental Rights | Core rights protected. |
Note:
Supreme Court has NOT given an exhaustive list — it keeps evolving with judgments.
Important Cases Related to Basic Structure
| Case | Importance |
|---|---|
| Kesavananda Bharati Case (1973) | Laid down Basic Structure Doctrine. |
| Indira Gandhi Election Case (1975) | Free and fair elections are part of Basic Structure. |
| Minerva Mills Case (1980) | Limited Parliament’s amending power. |
| SR Bommai Case (1994) | Secularism is part of Basic Structure. |
Procedure for Amendment — Step-by-Step
- Introduction of Bill
- In either House of Parliament.
- No prior permission of President needed.
- Passing in Parliament
- By Special Majority.
- Ratification by States
- If required (only for certain amendments).
- Presidential Assent
- President must give assent.
- No veto power.
- Amendment comes into force.
Judicial Review of Amendments
- Supreme Court can strike down constitutional amendments if they violate Basic Structure.
Examples:
- Struck down part of 42nd Amendment in Minerva Mills case,
- Upheld reservation for backward classes but not unlimited quota (Indra Sawhney case).
Comparison: Amendment Process India vs USA
| Feature | India | USA |
|---|---|---|
| Procedure | Easier (Parliament initiates) | Harder (States initiate) |
| Flexibility | Moderate flexibility | Very rigid |
| Number of Amendments | 105+ | 27 only |
Criticism of Amendment Procedure
- Some say too flexible — Parliament can make frequent amendments.
- Special Majority in Parliament sometimes bypasses State involvement.
- Political misuse possible (e.g., 42nd Amendment during Emergency).
Conclusion
The Amendment procedure of India balances flexibility and rigidity.
It allows progress and adaptation while protecting the basic identity of the Constitution.
The Basic Structure Doctrine is the ultimate guardian of India’s constitutional democracy.
“Change is the law of life, but identity is the soul of the Constitution.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Article for Amendment | 368 |
| Landmark Case for Basic Structure | Kesavananda Bharati Case (1973) |
| Longest Amendment | 42nd Amendment (1976) |
| Amendment introducing GST | 101st Amendment (2016) |
| 10% EWS Quota Amendment | 103rd Amendment (2019) |
Chapter 39: Scheduled and Non-Scheduled Languages — Eighth Schedule, Official Languages Act
Introduction
Language is a crucial aspect of India’s identity, unity, and diversity.
India recognizes multiple languages constitutionally to:
- Protect linguistic diversity,
- Promote inclusivity,
- Ensure administrative efficiency.
The Constitution lays down a language policy mainly under Articles 343 to 351.
Part 1: Scheduled Languages — Eighth Schedule
What is Eighth Schedule?
- It lists the recognized official languages of India.
- Initially, 14 languages were included.
- Today, it includes 22 languages.
List of 22 Scheduled Languages (Eighth Schedule)
| Language | Language |
|---|---|
| Assamese | Kannada |
| Bengali | Kashmiri |
| Gujarati | Konkani |
| Hindi | Maithili |
| Kannada | Malayalam |
| Kashmiri | Manipuri |
| Konkani | Marathi |
| Maithili | Nepali |
| Malayalam | Odia |
| Manipuri | Punjabi |
| Marathi | Sanskrit |
| Nepali | Santali |
| Odia | Sindhi |
| Punjabi | Tamil |
| Sanskrit | Telugu |
| Santali | Urdu |
| Sindhi | Bodo |
| Tamil | Dogri |
| Telugu | Santhali |
| Urdu |
Timeline of Additions
| Amendment | Year | Languages Added |
|---|---|---|
| 21st | 1967 | Sindhi |
| 71st | 1992 | Konkani, Manipuri, Nepali |
| 92nd | 2003 | Bodo, Dogri, Maithili, Santali |
Importance of Scheduled Languages
- Represent India’s linguistic diversity,
- Eligible for development and promotion by Government,
- Can be used in:
- Union and State examinations,
- School education,
- Official communication (State level).
Part 2: Non-Scheduled Languages
- Languages not listed in the Eighth Schedule.
- Over 100 non-scheduled languages are spoken across India.
- Examples:
- English (used officially but not a Scheduled Language),
- Tulu, Bhili, Gondi, Kodava, Bhojpuri, etc.
Note:
- English is widely used for Union government purposes but is not a Scheduled language.
Part 3: Official Language of India — Constitutional Provisions
Article 343 — Official Language of the Union
- Hindi in Devanagari script is the official language of the Union.
- English to continue along with Hindi for official purposes (initially for 15 years, extended indefinitely by Official Languages Act, 1963).
Articles 344 and 351
| Article | Provision |
|---|---|
| 344 | Setup of Official Language Commission to make recommendations for promoting Hindi. |
| 351 | Directive to promote Hindi and enrich it by drawing vocabulary from Sanskrit and other languages. |
Official Languages Act, 1963
- Provides for the continued use of English for official purposes along with Hindi.
- States are free to choose their own official language(s).
- Allows communication between Union and States in English or Hindi.
Language of States (Article 345)
- State Legislature can adopt:
- Hindi,
- English, or
- Any regional language as the official language of the state.
Example:
- Tamil Nadu uses Tamil,
- Kerala uses Malayalam,
- Karnataka uses Kannada.
Language of the Judiciary (Article 348)
- Proceedings of the Supreme Court and High Courts are conducted in English.
- States can seek Presidential approval to use Hindi or regional language in High Court proceedings.
Part 4: Special Provisions Related to Language
| Article | Subject |
|---|---|
| 350 | Right to submit representation for grievances in any of the languages used in the Union or States. |
| 350A | Instruction in mother tongue at primary stage of education for linguistic minorities. |
| 350B | Appointment of Special Officer for Linguistic Minorities. |
Linguistic Minorities and Their Protection
- Commissioner for Linguistic Minorities appointed under Article 350B,
- Reports to the President regarding the protection of linguistic rights.
Recent Demands Related to Eighth Schedule
- Demands to include more languages:
- Bhojpuri,
- Rajasthani,
- Tulu,
- Garhwali,
- Magahi,
- Awadhi,
- Angika,
- etc.
(The government has not added new languages since the 92nd Amendment.)
Official Languages vs Scheduled Languages
| Aspect | Scheduled Languages | Official Languages |
|---|---|---|
| Constitution Basis | Eighth Schedule | Articles 343–351 |
| Number | 22 | Hindi (Union); English used additionally |
| Purpose | Recognized for cultural promotion | Used for governance and communication |
Comparison: India vs Other Countries
| Country | Language Policy |
|---|---|
| India | Multilingual (22 Scheduled Languages + English) |
| USA | No official language (English by practice) |
| Canada | Bilingual (English and French) |
| Switzerland | Four official languages (German, French, Italian, Romansh) |
Challenges and Issues
- Dominance of Hindi feared by non-Hindi speaking states.
- Language riots (e.g., Anti-Hindi agitations in Tamil Nadu).
- Balancing linguistic diversity with national integration.
- Demand for addition of more languages — political pressures.
Conclusion
India’s language policy is a fine balance between unity and diversity.
The Constitution promotes multilingualism to strengthen national integration while respecting cultural diversity.
“A language is not just a medium of communication — it is the soul of a culture.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Official Language of India | Hindi (Devanagari script) |
| Language used for Judiciary | English |
| Number of Scheduled Languages | 22 |
| English use extended by | Official Languages Act, 1963 |
| Latest languages added | Bodo, Dogri, Maithili, Santali (92nd Amendment) |
Chapter 40: Citizenship — Constitutional Provisions, Acquisition, Loss, CAA 2019
Introduction
Citizenship means:
- Full membership of a nation,
- Right to participate in its political life,
- Entitlement to Fundamental Rights and duties.
In India:
- Only citizens enjoy certain rights like:
- Right to vote,
- Eligibility for public offices,
- Right against discrimination.
Constitutional Provisions Related to Citizenship
| Article | Subject |
|---|---|
| Articles 5–11 | Deal with Citizenship at the time of commencement of Constitution. |
1. Article 5 — Citizenship at the Commencement
A person became an Indian citizen if they:
- Had domicile in India AND
- Were born in India, or
- Had at least one parent born in India, or
- Had been resident in India for at least 5 years before 26 January 1950.
2. Article 6 — Rights of Citizenship of Certain Persons Who Have Migrated from Pakistan
- Covers migrants from Pakistan to India before 19 July 1948.
- Conditions:
- Resided in India,
- Registered as citizen.
3. Article 7 — Rights of Migrants to Pakistan
- Persons who migrated to Pakistan after March 1, 1947:
- Are NOT Indian citizens.
- Exception:
- If they returned to India under a permit for resettlement, they could regain citizenship.
4. Article 8 — Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India
- Indian origin persons living abroad (in other countries) can register as citizens.
Example:
- Indian diaspora in Fiji, Mauritius, UK.
5. Article 9 — Voluntary Acquisition of Foreign Citizenship
- If an Indian voluntarily acquires the citizenship of another country,
- He/she ceases to be an Indian citizen.
6. Article 10 — Continuance of the Rights of Citizenship
- Parliament has the power to regulate citizenship laws.
7. Article 11 — Parliament’s Power to Regulate Citizenship
- Parliament can make laws regarding acquisition, termination, and all matters relating to citizenship.
(This led to Citizenship Act, 1955.)
Citizenship Act, 1955 — Key Provisions
Modes of Acquiring Citizenship
| Mode | Description |
|---|---|
| By Birth | If born in India (rules changed over time). |
| By Descent | Born abroad but parent(s) Indian citizen. |
| By Registration | Application-based (for PIOs, spouses, etc.). |
| By Naturalization | Long-term residence in India (specific conditions). |
| By Incorporation of Territory | If new territory becomes part of India (e.g., Goa, Sikkim). |
Current Rules for Citizenship by Birth
| Born In | Citizenship Status |
|---|---|
| Before 1 July 1987 | Indian citizen by birth. |
| Between 1 July 1987 – 2 December 2004 | One parent must be Indian. |
| After 3 December 2004 | One parent Indian + other parent not an illegal migrant. |
Loss of Citizenship
| Mode | Description |
|---|---|
| Renunciation | Voluntarily giving up Indian citizenship. |
| Termination | Automatically loses if acquires foreign citizenship voluntarily. |
| Deprivation | Government can cancel citizenship for illegal acts (e.g., disloyalty, fraud). |
Single Citizenship in India
- India follows single citizenship (like the UK).
- USA has dual citizenship (citizen of the USA and state).
Part 2: Citizenship Amendment Act (CAA), 2019
Background
- Certain minorities from neighboring Islamic countries were facing persecution.
- Government aimed to provide a path to citizenship for these minorities.
Key Provisions of CAA 2019
- Fast-track Indian citizenship for non-Muslim minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from:
- Pakistan,
- Afghanistan,
- Bangladesh.
- Eligibility:
- Entered India before 31 December 2014.
- Relaxed conditions:
- Minimum residence reduced from 11 years to 5 years.
Important Points
- Muslims from these countries are not included (leading to debates).
- Law applies only to the above three countries.
- Law does NOT affect existing Indian citizens (including Indian Muslims).
- North-Eastern states’ concerns addressed through exemptions (areas under Sixth Schedule and Inner Line Permit system).
Rationale Given by Government
- Religious persecution of minorities in Islamic neighboring countries.
- Humanitarian support.
Criticism of CAA
| Point | Criticism |
|---|---|
| Religion-based classification | Violates secularism. |
| Exclusion of other persecuted groups | (e.g., Rohingyas, Ahmadiyyas). |
| Risk to Northeast identity | Concerns of demographic change. |
| Judicial Challenges | Petitions pending before Supreme Court. |
NPR and NRC — Related Concepts
- National Population Register (NPR):
Database of usual residents (citizens and non-citizens). - National Register of Citizens (NRC):
Register to verify citizenship status (completed in Assam, plans for all-India pending).
Important Cases Related to Citizenship
| Case | Importance |
|---|---|
| Berubari Union Case (1960) | Explained that citizenship provisions involve foreign affairs and boundary adjustments. |
| Assam Accord (1985) | Special arrangements regarding citizenship in Assam (cut-off date 24 March 1971 for identifying illegal migrants). |
Conclusion
Citizenship laws reflect India’s commitment to inclusive governance.
However, debates around CAA highlight the tension between humanitarian objectives and constitutional principles like secularism and equality.
The ultimate goal should be to uphold the spirit of justice, liberty, equality, and fraternity for all.
“The idea of India is incomplete without the idea of citizenship rooted in equality.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Articles on Citizenship | 5–11 |
| Act regulating citizenship | Citizenship Act, 1955 |
| Authority to regulate citizenship | Parliament (Article 11) |
| Citizenship Amendment Act (CAA) Year | 2019 |
| Citizenship by Birth after 2004 requires | One parent Indian + other not illegal migrant |
| India follows | Single Citizenship |