Judiciary, Legislature, Executive must be separate.
Federalism
Distribution of powers between Centre and States.
Judicial Review
Supreme Court’s power to review laws and actions.
Free and Fair Elections
People’s participation through franchise.
Rule of Law
Equality before law, no one above the law.
Independence of Judiciary
No control by Legislature or Executive.
Note: The list is not exhaustive. New elements may be added over time.
Important Amendments Related to Basic Structure Debate
1. 24th Amendment Act (1971)
Asserted Parliament’s authority to amend any part, including Fundamental Rights,
Made presidential assent compulsory.
2. 42nd Amendment Act (1976) — Mini Constitution
Added “Socialist”, “Secular”, “Integrity” to Preamble,
Made Directive Principles superior to Fundamental Rights (later struck down partially),
Expanded Parliament’s amending powers (also later curtailed by SC).
3. 44th Amendment Act (1978)
Restored Fundamental Rights supremacy after Emergency,
Made right to life and liberty (Article 21) stronger — cannot be suspended even during Emergency.
Comparison Table: Simple Majority vs Special Majority Amendment
Feature
Simple Majority
Special Majority
Type of Law
Ordinary Law
Constitutional Amendment
List of Articles
Outside Article 368
Within Article 368
Examples
Creation of new States, Salaries
Fundamental Rights, DPSPs
Procedure
Ordinary legislative process
Special procedure (2/3rd + majority)
Role of President
Normal assent
Mandatory assent (no veto)
Significance of Amendment Process
Feature
Importance
Flexibility
Allows Constitution to adapt to changing needs.
Stability
Difficult procedure prevents casual amendments.
Federal Balance
States’ consent needed for key federal changes.
Protection of Core Values
Basic Structure doctrine ensures democracy, fundamental rights protected.
Challenges and Criticisms
Issue
Detail
Misuse Risk
Parliament attempted during Emergency to override basic rights.
Judicial Vagueness
No fixed definition of Basic Structure — depends on case-by-case judgment.
Political Difficulties
Difficulty in achieving special majority sometimes delays reforms.
Recent Context (Post-2010)
Discussions around:
Simultaneous elections (would need major constitutional amendments),
Strengthening or redefining federal structure,
Judicial accountability amendments,
Amendments for newer rights like privacy, digital rights.
Conclusion
The Indian Constitution balances change and continuity beautifully. The amendment process ensures that growth happens without uprooting democratic foundations.
“Change must be a candle, not a fire. It should illuminate progress, not burn the Constitution.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Article for Amendment
368
Case establishing Basic Structure Doctrine
Kesavananda Bharati Case (1973)
“Mini Constitution” nickname for
42nd Amendment
Right to Life protection (even during Emergency)
44th Amendment
Ratification needed for federal matters?
Yes (half of the States)
Chapter 66: Scheduled and Tribal Areas — Administration, Special Features (5th and 6th Schedule)
Introduction
India is a diverse country with many tribal communities living in distinct areas.
The Constitution provides special arrangements for the administration and protection of these areas:
Fifth Schedule — for Scheduled Areas in other parts of India,
Sixth Schedule — for Tribal Areas in the Northeast.
“Diversity must be protected for unity to survive.“
Constitutional Provisions
Schedule
Subject
Articles
5th Schedule
Administration of Scheduled Areas and Tribes
Article 244(1)
6th Schedule
Administration of Tribal Areas in Northeast
Article 244(2) and 275(1)
Fifth Schedule: Scheduled Areas
Applicable To
States except those in Northeast India (like Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana).
Special Features
Feature
Detail
Governor’s Role
Governor has special powers for administration of Scheduled Areas.
Tribes Advisory Council (TAC)
To advise on welfare and advancement of Scheduled Tribes.
Presidential Powers
President declares an area as a Scheduled Area or alters boundaries.
Tribes Advisory Council (TAC)
Feature
Details
Composition
Maximum 20 members — 3/4th must be Scheduled Tribes.
Function
Advises Governor on matters related to welfare and advancement of STs.
Mandatory States
All states with Scheduled Areas must establish TACs.
Governor’s Powers under Fifth Schedule
Regulation-making power:
Can direct that laws of Parliament or State Legislature shall not apply or apply with modifications.
Control over Land:
Governor can regulate transfer of land and forest rights to protect tribal interests.
Annual Report:
Governor must submit a report to the President regarding administration of Scheduled Areas.
Criteria for Declaring Scheduled Areas
(As per Dhebar Commission Guidelines)
Criterion
Detail
Predominance of tribal population
More than 50% in the area.
Compactness and reasonable size
Area should be reasonably large.
Backwardness
Economic and social backwardness.
Distinctive culture
Presence of tribal customs, traditions.
Sixth Schedule: Tribal Areas of Northeast
Applicable To
Four States of Northeast India:
Assam, Meghalaya, Tripura, Mizoram.
Special Features
Feature
Detail
Autonomous District Councils (ADCs)
Elected local self-government bodies for tribal areas.
Legislative Powers
Councils can make laws on land, forest, agriculture, village administration, etc.
Executive Powers
Can regulate land transfer, inheritance of property, social customs.
Judicial Powers
Councils can establish courts for trial of tribal disputes.
Structure under Sixth Schedule
Body
Details
Autonomous District Council (ADC)
For each district; 30 members (26 elected, 4 nominated by Governor).
Regional Council
If more than one tribe in a district, separate Regional Councils can be formed.
Powers of ADCs
Levy and collect land revenue, taxes on professions, trades, animals, vehicles, etc.
Management of forests (other than reserved forests),
Regulation of shifting cultivation,
Constitution and management of village councils and courts.
Many tribal groups in Himachal Pradesh, Rajasthan, Kerala demanding Scheduled Area status for protection and autonomy.
2. Autonomy Movements in Northeast
Frequent demands for creation of new Autonomous Councils (e.g., Bodos, Karbis),
Ethnic identity and autonomy are politically sensitive issues.
3. Governance Challenges
Misuse of land rights by non-tribals,
Conflicts between State governments and Autonomous Councils,
Development vs. preservation dilemma (especially in forests).
4. Constitutional Amendments
125th Amendment Bill (Pending):
Seeks to strengthen the structure and finances of Autonomous Councils under the Sixth Schedule.
Importance of Protecting Scheduled and Tribal Areas
Reason
Detail
Protection of Identity
Preserve cultural and social uniqueness of tribal communities.
Inclusive Development
Bring backward areas into the mainstream without losing their identity.
Political Empowerment
Local self-governance improves participation.
Conflict Reduction
Address long-standing grievances peacefully.
Conclusion
Protection of Scheduled and Tribal Areas is crucial for preserving India’s unity in diversity. Empowering tribal communities with respect, resources, and autonomy ensures: