Constitutional Amendments — PPSC previous year questions

Article 368 is in Part XX of the Constitution. It deals with Parliament's power to amend the Constitution and the procedure for doing so. It needs a special majority. For federal provisions, half the states must also ratify. Financial emergency is Article 360. Reservation of SC/ST seats in the Lok Sabha is Article 330. The official language of the Union is Article 343.

Under Article 368, both Houses pass a Constitutional Amendment Bill with the prescribed special majority. The President then 'shall' give assent. The 24th Constitutional Amendment Act, 1971 made the word mandatory. The President can neither withhold assent nor return the Bill for reconsideration. Ordinary bills under Article 111 are different.

The 42nd Constitutional Amendment Act, 1976 is the 'Mini-Constitution', passed during the Emergency. It amended the Preamble by inserting the words 'Socialist', 'Secular' and 'Integrity'. It also added Part IV-A (Article 51A), the Fundamental Duties. The Swaran Singh Committee recommended them. The 1st Amendment (1951) added the Ninth Schedule. The 44th (1978) undid several Emergency-era changes and made the right to property a legal right. The 73rd (1992) gave constitutional status to Panchayati Raj.

Several parts of the Constitution can be changed by a simple majority of Parliament, outside Article 368. These include new states (Article 4), abolition of Legislative Councils (Article 169), the Fifth and Sixth Schedules, and citizenship. So statement 1 is wrong. A constitution amendment bill can be introduced in either House by a minister or a private member. It needs no prior permission of the President. So statement 2 is wrong too.

Under Article 368, an amendment bill can be introduced only in Parliament, not in a state legislature, so statement 1 is correct. Statement 2 is wrong because the bill can be introduced by a minister or by a private member (though it needs no prior permission of the President), and statement 3 is wrong because each House must pass the bill separately and there is no provision for a joint sitting if they disagree.

The 102nd Amendment gave constitutional status to the National Commission for Backward Classes (3), the 103rd created up to 10 per cent reservation for Economically Weaker Sections (1), the 104th extended SC and ST reservation in the Lok Sabha and State Assemblies to 2030 (4), and the 105th restored the States' power to identify their own OBC lists (2). The correct code is 3, 1, 4, 2. Note the years: the paper's List-I is loose, since the 102nd Amendment Act is of 2018 and the 104th Amendment Act of 2019 (in force from 25 January 2020); the 103rd is 2019 and the 105th 2021.

The words 'An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament' open Article 368. It is the sole article of Part XX of the Constitution. Part XX deals with Parliament's power to amend the Constitution and the procedure for it. Article 367 concerns interpretation. Part X covers Scheduled and Tribal Areas. Part III contains the Fundamental Rights.

The proviso to Article 368(2) needs extra ratification by at least half the State legislatures. It applies when an amendment changes the election of the President (Articles 54, 55), the executive power of the Union and States (Articles 73, 162), the Union Judiciary (Chapter IV of Part V), the High Courts (Chapter V of Part VI, and Article 241), the distribution of legislative powers and the Seventh Schedule, representation of States in Parliament, or Article 368 itself. Parliament alone can amend Fundamental Rights, Directive Principles and Fundamental Duties, with a special majority.

The Constitution (103rd Amendment) Act, 2019 inserted Articles 15(6) and 16(6). They give up to 10% reservation in educational institutions and public employment for economically weaker sections (EWS) among classes not already covered by reservation. The Supreme Court upheld it in Janhit Abhiyan (2022). GST came by the 101st Amendment (2016). The NJAC came by the 99th (2014), struck down in 2015. One-third reservation for women in legislatures came by the 106th Amendment (2023).

In the Kesavananda Bharati case (1973) the Supreme Court held that Parliament's amending power under Article 368 cannot be used to destroy the basic structure of the Constitution. Neither state assemblies nor the Court itself can alter the basic structure.