Constitutional Amendments, Polity & Legal Reasoning

The 101st Amendment Act (2016) introduced the Goods and Services Tax (GST), which fundamentally altered the Union-State fiscal relationship by subsuming many existing taxes. Because it changed provisions related to taxation in Lists I and II of the Seventh Schedule, it required ratification by at least one-half of State Legislatures under the proviso to Article 368(2).

The Basic Structure Doctrine, evolved by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), limits Parliament's amending power under Article 368. Parliament cannot amend the Constitution in a way that destroys or abrogates its basic structure. Elements of basic structure include democracy, federalism, judicial review, separation of powers, and the rule of law.

Option D is the incorrect match and therefore the correct answer. The 52nd Amendment (1985) introduced the Tenth Schedule (Anti-Defection Law), not GST. GST was introduced by the 101st Amendment (2016). All other pairs are correct: 61st = voting age 18; 73rd = Panchayati Raj; 103rd = 10% EWS reservation.

The Ninth Schedule was introduced by the First Constitutional Amendment (1951) primarily to protect land reform legislation from judicial challenge under Fundamental Rights — particularly the right to property. Post-I.R. Coelho (2007), the Supreme Court held that laws added to the Ninth Schedule after 24 April 1973 (Kesavananda Bharati date) can still be challenged if they violate basic structure.

The 42nd Amendment (1976) — often called the "Mini Constitution" — added the words Socialist, Secular, and Integrity to the Preamble. It was passed during the Emergency period under PM Indira Gandhi. The 44th Amendment (1978) restored some rights curtailed during the Emergency but did not alter the Preamble.

The Tenth Schedule contains the Anti-Defection provisions, introduced by the 52nd Amendment (1985). Quick schedule reference: 9th Schedule = Land reforms; 10th = Anti-Defection; 11th = Panchayati Raj subjects; 12th = Municipality subjects. Tribal areas = 5th and 6th Schedules. Cooperative Societies = 97th Amendment.

The 103rd Constitutional Amendment (2019) introduced 10% reservation for Economically Weaker Sections (EWS) in government jobs and educational institutions. This was a new clause added to Articles 15 and 16. The Supreme Court upheld this in Janhit Abhiyan v. Union of India (2022) by a 3:2 majority.

The 86th Amendment (2002) inserted Article 21A, making free and compulsory education a Fundamental Right for children between 6 and 14 years. This was given effect by the Right to Education (RTE) Act, 2009. The 74th Amendment relates to urban local bodies; the 97th relates to cooperative societies.

The 102nd Amendment (2018) gave constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338B into the Constitution. The 100th Amendment related to the India-Bangladesh land boundary agreement; the 104th abolished the Anglo-Indian nomination to Parliament.

The 104th Amendment (2020) abolished the provision for nomination of Anglo-Indian members to the Lok Sabha (under Article 331) and State Legislative Assemblies (under Article 333). It also extended the reservation of seats for SC/ST in Parliament and State Assemblies for another 10 years (till 2030). The 105th Amendment restored States' power to identify OBCs.

Judicial review is a basic structure element — established in Kesavananda Bharati (1973) and reaffirmed in Indira Nehru Gandhi v. Raj Narain (1975) and L. Chandra Kumar (1997). An amendment that bars all judicial review of constitutional amendments would destroy this basic feature and is therefore invalid, regardless of State ratification or Emergency status. State ratification cures procedural defects, not substantive basic-structure violations.

Free and fair elections and the democratic and republican form of government are expressly part of the Basic Structure (recognised in Kesavananda Bharati and Indira Gandhi cases). Replacing elections with hereditary succession would destroy the democratic character of the Constitution at its core — making it challengeable under the Basic Structure Doctrine, not merely on the grounds of federalism or DPSPs.

Under the proviso to Article 368(2), certain amendments — including changes to the election of the President (Article 54 and 55) — require ratification by at least one-half of the State Legislatures in addition to a special majority in both Houses of Parliament. Without this ratification, the amendment is procedurally invalid, regardless of unanimity in Parliament or judicial approval.

The 25th Amendment (1971) inserted Article 31C, which protected laws giving effect to Articles 39(b) and 39(c) — the Directive Principles relating to equitable distribution of material resources and prevention of concentration of wealth — from challenge under Articles 14 and 19. In Kesavananda Bharati, the Supreme Court partially struck down the broader version but preserved protection for 39(b) and 39(c) specifically.

Kesavananda Bharati v. State of Kerala (1973) — decided by a 13-judge bench (7:6) — is the foundational case that rejected Parliament's claim to unlimited amending power and established the Basic Structure Doctrine. It overruled Golak Nath (1967) on one point while holding that some features are beyond amendment. A.K. Gopalan dealt with personal liberty; S.R. Bommai with President's Rule; Maneka Gandhi with the right to travel abroad.