Complete Political Science Notes for UPSC, PSC, SSC (Part-27)

Chapter 65: Amendment of the Constitution — Procedure, Important Debates (Basic Structure Protection)


Introduction

  • The Indian Constitution is not rigid like the US Constitution, nor flexible like the British Constitution.
  • Amendment process allows updating the Constitution without destroying its core values.
  • The aim is to balance continuity with change.

Constitution must be able to grow with a growing nation.” — Dr. B.R. Ambedkar


Constitutional Provisions for Amendment

ArticleSubject
Article 368Amendment of the Constitution.
Other ArticlesSome changes possible by ordinary laws (e.g., State reorganization).

Types of Constitutional Amendments


TypeProcedure
1. By Simple Majority of ParliamentSame as ordinary legislation (outside Article 368).
2. By Special Majority of Parliament2/3rd of members present + majority of total membership (within Article 368).
3. By Special Majority + Ratification by half of StatesFor federal structure-related matters.

Simple Majority Amendments (Outside Article 368)

  • Examples:
    • Admission/formation of new states,
    • Abolition or creation of Legislative Councils,
    • Delimitation of constituencies,
    • Salaries and allowances (Second Schedule amendments).

Special Majority Amendments (Within Article 368)

  • Examples:
    • Fundamental Rights (most),
    • Directive Principles of State Policy,
    • Powers of Parliament and Executive.

Special Majority + State Ratification Amendments

  • Examples:
    • Election of President,
    • Representation of States in Parliament,
    • Powers of Supreme Court and High Courts,
    • Union-State relations (Articles 245–255).

Requirement:

  • Ratification by at least half of the States after passing by Parliament.

Procedure for Amendment (Article 368)

  1. Introduction of Bill in either House of Parliament,
  2. Passing by special majority,
  3. (If needed) Ratification by half of State Legislatures,
  4. Assent of the President (mandatory; no veto).

Basic Structure Doctrine


Background

  • The Constitution originally did not limit Parliament’s amendment power.
  • Over time, courts evolved the idea that some features cannot be amended.

Key Cases

CaseImportance
Shankari Prasad Case (1951)First held Parliament’s power to amend Fundamental Rights.
Sajjan Singh Case (1965)Reaffirmed Shankari Prasad.
Golaknath Case (1967)Parliament cannot amend Fundamental Rights (overturned Shankari, Sajjan).
Kesavananda Bharati Case (1973)Introduced Basic Structure Doctrine: Parliament can amend any part but cannot alter the basic structure.
Indira Gandhi Election Case (1975)Applied basic structure to strike down unconstitutional amendments.
Minerva Mills Case (1980)Strengthened doctrine; limited Parliament’s amending power.

What Constitutes the Basic Structure?

ElementExamples
Supremacy of ConstitutionConstitution above all authorities.
Sovereign, Democratic, RepublicForm of government.
SecularismFreedom of religion.
Separation of PowersJudiciary, Legislature, Executive must be separate.
FederalismDistribution of powers between Centre and States.
Judicial ReviewSupreme Court’s power to review laws and actions.
Free and Fair ElectionsPeople’s participation through franchise.
Rule of LawEquality before law, no one above the law.
Independence of JudiciaryNo 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

FeatureSimple MajoritySpecial Majority
Type of LawOrdinary LawConstitutional Amendment
List of ArticlesOutside Article 368Within Article 368
ExamplesCreation of new States, SalariesFundamental Rights, DPSPs
ProcedureOrdinary legislative processSpecial procedure (2/3rd + majority)
Role of PresidentNormal assentMandatory assent (no veto)

Significance of Amendment Process

FeatureImportance
FlexibilityAllows Constitution to adapt to changing needs.
StabilityDifficult procedure prevents casual amendments.
Federal BalanceStates’ consent needed for key federal changes.
Protection of Core ValuesBasic Structure doctrine ensures democracy, fundamental rights protected.

Challenges and Criticisms

IssueDetail
Misuse RiskParliament attempted during Emergency to override basic rights.
Judicial VaguenessNo fixed definition of Basic Structure — depends on case-by-case judgment.
Political DifficultiesDifficulty 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

FactDetail
Article for Amendment368
Case establishing Basic Structure DoctrineKesavananda Bharati Case (1973)
“Mini Constitution” nickname for42nd 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

ScheduleSubjectArticles
5th ScheduleAdministration of Scheduled Areas and TribesArticle 244(1)
6th ScheduleAdministration of Tribal Areas in NortheastArticle 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

FeatureDetail
Governor’s RoleGovernor has special powers for administration of Scheduled Areas.
Tribes Advisory Council (TAC)To advise on welfare and advancement of Scheduled Tribes.
Presidential PowersPresident declares an area as a Scheduled Area or alters boundaries.

Tribes Advisory Council (TAC)

FeatureDetails
CompositionMaximum 20 members — 3/4th must be Scheduled Tribes.
FunctionAdvises Governor on matters related to welfare and advancement of STs.
Mandatory StatesAll 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)

CriterionDetail
Predominance of tribal populationMore than 50% in the area.
Compactness and reasonable sizeArea should be reasonably large.
BackwardnessEconomic and social backwardness.
Distinctive culturePresence of tribal customs, traditions.

Sixth Schedule: Tribal Areas of Northeast


Applicable To

  • Four States of Northeast India:
    • Assam, Meghalaya, Tripura, Mizoram.

Special Features

FeatureDetail
Autonomous District Councils (ADCs)Elected local self-government bodies for tribal areas.
Legislative PowersCouncils can make laws on land, forest, agriculture, village administration, etc.
Executive PowersCan regulate land transfer, inheritance of property, social customs.
Judicial PowersCouncils can establish courts for trial of tribal disputes.

Structure under Sixth Schedule

BodyDetails
Autonomous District Council (ADC)For each district; 30 members (26 elected, 4 nominated by Governor).
Regional CouncilIf 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.

Comparison: Fifth Schedule vs Sixth Schedule

FeatureFifth ScheduleSixth Schedule
AreasScheduled Areas (mostly mainland India)Tribal Areas (Northeast only)
Special BodyTribes Advisory Council (advisory)Autonomous District/Regional Councils (legislative, executive, judicial powers)
AdministrationBy GovernorAutonomous Self-Government
Power to make lawsLimited (Governor modifies State laws)District Councils directly make laws

Recent Developments and Issues


1. Demands for Inclusion

  • 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

ReasonDetail
Protection of IdentityPreserve cultural and social uniqueness of tribal communities.
Inclusive DevelopmentBring backward areas into the mainstream without losing their identity.
Political EmpowermentLocal self-governance improves participation.
Conflict ReductionAddress 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:

  • True democracy,
  • Balanced development,
  • National integration.

Empower the grassroots — strengthen the nation.


Important Quick Facts for Prelims & Mains

FactDetail
5th ScheduleScheduled Areas (mainland India)
6th ScheduleTribal Areas (Northeast)
States under Sixth ScheduleAssam, Meghalaya, Tripura, Mizoram
Article for Scheduled Areas244(1)
Article for Tribal Areas244(2)
Tribes Advisory CouncilMandatory for 5th Schedule states

Chapter 67: Cooperative Societies — Constitutional Status, Importance, Challenges


Introduction

  • Cooperative Societies are voluntary associations of individuals united for a common economic, social, or cultural objective.
  • Based on principles of:
    • Self-help,
    • Democratic decision-making,
    • Mutual cooperation.

Cooperation is better than competition when the goal is shared prosperity.


Why Cooperative Societies are Important

ImportanceExplanation
Economic DevelopmentHelp poor and small producers (e.g., farmers, artisans) access credit and markets.
Social InclusionEmpower marginalized communities (SCs, STs, women, minorities).
Democratic ParticipationOne member, one vote principle strengthens democracy at grassroots.
Reducing Middlemen ExploitationDirect link between producer and consumer.

Evolution of Cooperative Movement in India

YearEvent
1904Cooperative Credit Societies Act passed (British India).
1912Cooperative Societies Act passed.
1950s–60sExpansion after independence — focus on agriculture, rural credit.
1991Liberalization and reforms, cooperatives lost some importance.
201197th Constitutional Amendment — gave Constitutional status to cooperatives.

97th Constitutional Amendment Act, 2011


Major Changes Made

ChangeDetail
Inclusion in Fundamental RightsArticle 19(1)(c) — Right to form cooperative societies.
Insertion of New Part IXBArticles 243ZH to 243ZT — Governance of cooperative societies.
Directive PrincipleAdded in Article 43B — Promotion of cooperative societies by State.

Key Features of Part IXB (Cooperative Societies)

FeatureDetails
DefinitionCooperative Society = Voluntary association of individuals to promote economic interests.
Democratic ManagementElections to be held within a time-bound manner.
Limited Board TenureMaximum 5 years for Managing Committee.
ReservationSeats reserved for SC/ST and women in Managing Committees.
Professional ManagementStates must ensure training for cooperative members.

Rights Related to Cooperatives under Indian Constitution

ArticleDetail
19(1)(c)Right to form associations or unions or cooperative societies (Fundamental Right).
43BPromotion of cooperative societies (Directive Principle).
243ZH–243ZTRegulation and governance framework for cooperatives.

Types of Cooperative Societies

TypeExample
Consumer CooperativesConsumer Stores providing goods at fair prices.
Producer CooperativesHandicraft or agricultural producers organizing production together.
Credit CooperativesCooperative banks, rural credit societies.
Housing CooperativesSocieties providing housing to members.
Marketing CooperativesFarmers selling their produce collectively to get better prices.

Role of Cooperatives in Indian Economy

SectorExample
AgricultureSugar cooperatives in Maharashtra, dairy cooperatives like AMUL in Gujarat.
BankingUrban cooperative banks, rural credit societies.
HousingHousing societies providing affordable homes.
Weaker Sections EmpowermentSC/ST women-led cooperatives for self-employment.

Challenges Faced by Cooperative Societies

ChallengeExplanation
Political InterferenceOften captured by local politicians for vested interests.
MismanagementLack of professionalism, financial irregularities.
Poor Member ParticipationMany members inactive; governance suffers.
Delayed ElectionsManaging committees run beyond term illegally.
Financial Non-viabilityMany cooperatives fail to survive without continuous subsidies.

Supreme Court Judgment on 97th Amendment (2021)


PointDetail
ChallengePart IXB validity challenged — said Centre cannot regulate State-level cooperatives without State ratification.
SC RulingPart IXB is valid only for Multi-State Cooperative Societies (MSCS). States must regulate their own cooperatives.

Impact of Judgment

  • Strengthened federalism:
    • State Governments get primary control over State cooperatives.
  • Reduced Central Overreach on State cooperatives.

Government Initiatives to Promote Cooperatives

InitiativeDetail
Ministry of Cooperation (2021)New Union Ministry formed for cooperative sector promotion.
Sahakar Mitra SchemeInternship program for young professionals in cooperatives.
Digitization DriveDigital platforms for cooperative registrations, working.
Credit SupportNABARD loans and support for agricultural cooperatives.

Way Forward for Strengthening Cooperatives

StepDetail
ProfessionalizationTraining managers, better governance practices.
TransparencyStrong audit systems, online management.
Political NeutralityFree cooperatives from political interference.
Member ParticipationAwareness and involvement of ordinary members.
InnovationEncourage modern cooperatives (e.g., digital cooperatives, green cooperatives).

Conclusion

Cooperative Societies embody the spirit of self-help and mutual progress.
To revive and strengthen cooperatives is to:

  • Empower the poor,
  • Democratize the economy,
  • Achieve inclusive development.

Cooperatives build not only wealth but also trust among people.


Important Quick Facts for Prelims & Mains

FactDetail
97th Amendment Year2011
Part IXB Articles243ZH to 243ZT
Right to form cooperative societiesFundamental Right under Article 19(1)(c)
New Ministry FormedMinistry of Cooperation (2021)
Supreme Court VerdictPart IXB applicable only to Multi-State Cooperatives

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