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09 Indian Polity — Common Notes 🕒 Updated 2026-10-17
Common Notes SSC CGL · CHSL · Police · Bank · Railway · State PSC Chapter 09

✍️ Amendment (Art. 368), Basic Structure & Key Amendments

Three methods of amendment, basic structure doctrine, key cases and exam-relevant amendments from the 1st to the 106th (updated to October 2026).

📌 1. Amendment Procedure

TypeRequirementExamples
Simple majority of Parliament (outside Art. 368)Like an ordinary billNew states (Art. 2–4), citizenship, quorum, creating/abolishing Councils (Art. 169), 5th-6th Schedules
Special majorityMajority of total membership + 2/3 of members present and voting, in each HouseFRs, DPSP and most provisions
Special majority + ratification by half the statesBy simple majority in state legislaturesPresident's election, SC/HC, Union-state powers, 7th Schedule, states' representation in Parliament, Art. 368 itself, GST (101st)
  • Bill may be introduced in either House by a minister or private member; no prior presidential sanction; cannot originate in a state legislature.
  • No joint sitting; the President must give assent (24th Amendment 1971) — can neither withhold nor return.

📌 2. Basic Structure Doctrine

CaseRuling
Shankari Prasad (1951)Parliament can amend any part including FRs
Golaknath (1967)Parliament cannot amend FRs
Kesavananda Bharati (1973)13 judges (largest bench); Parliament can amend but not the basic structure
Indira Gandhi v. Raj Narain (1975)Free and fair elections are basic structure
Minerva Mills (1980)Limited amending power, judicial review, FR-DPSP balance are basic structure
Waman Rao (1981)Laws put in 9th Schedule after 24 Apr 1973 are reviewable
I.R. Coelho (2007)9th Schedule laws reviewable on basic-structure grounds
  • Basic-structure elements: supremacy of the Constitution, sovereignty, democracy, secularism, federalism, separation of powers, judicial review, rule of law, independent judiciary, free and fair elections.
  • The NJAC (99th Amendment 2014) was struck down by the SC in 2015 (judicial independence).

📌 3. Key Amendments

AmendmentSubject
1st (1951)9th Schedule; Art. 15(4), 31A, 31B
7th (1956)States reorganisation; Part A/B/C/D abolished
24th (1971)Presidential assent to amendment bills mandatory
36th (1975)Sikkim full state
42nd (1976)"Mini-Constitution": 3 words in Preamble, FDs, 5 subjects State→Concurrent (education, forests, wildlife, weights & measures, administration of justice), DPSP 39A/43A/48A, Art. 323A-B tribunals
44th (1978)Property right removed; "internal disturbance" → "armed rebellion"; written Cabinet advice; Art. 20-21 non-suspendable
52nd (1985)Anti-defection — 10th Schedule
61st (1988)Voting age 21→18
73rd / 74th (1992)Panchayats (Part IX, 11th Sch.) / Municipalities (Part IXA, 12th Sch.)
86th (2002)21A, 45, 51A(k) — education
91st (2003)Council of Ministers ≤ 15% of House; "split" exception removed
92nd (2003)Bodo, Dogri, Maithili, Santhali added to 8th Schedule (22 languages)
97th (2011)Co-operative societies (Part IXB)
101st (2016)GST — Art. 246A, 269A, 279A (GST Council)
102nd (2018)Constitutional status to NCBC (Art. 338B)
103rd (2019)10% EWS reservation
104th (2020)SC/ST reservation in LS/assemblies extended to 2030; Anglo-Indian nomination ended
105th (2021)Restored states' power to prepare own SEBC/OBC lists
106th (2023)Nari Shakti Vandan — 1/3 reservation for women in Lok Sabha, state assemblies and Delhi assembly (Art. 330A, 332A, 239AA); effective after delimitation, for 15 years
⚠️ Exam Traps:
  • As of October 2026 the latest enacted amendment = 106th (2023). The "129th" (One Nation One Election) and "130th" Bills were sent to parliamentary committees; the "131st Bill 2026" (delimitation) was defeated in Lok Sabha in April 2026 for want of a two-thirds majority.
  • Bill number ≠ Act number: the 106th Act was introduced as the "128th Bill".

📌 4. Practice MCQs

📝 Practice MCQs (prepared by SF Prep — not PYQs)
Q1. The procedure for amending the Constitution is in which Article? Practice
(A) Article 360
(B) Article 352
(C) Article 368
(D) Article 370
Correct answer: (C)
Part XX, Art. 368.
Q2. The basic structure doctrine was propounded in which case? Practice
(A) Golaknath (1967)
(B) Minerva Mills (1980)
(C) Shankari Prasad (1951)
(D) Kesavananda Bharati (1973)
Correct answer: (D)
A 13-judge bench gave the doctrine in Kesavananda Bharati.
Q3. Which amendment is called the "Mini-Constitution"? Practice
(A) 44th
(B) 42nd
(C) 24th
(D) 73rd
Correct answer: (B)
The 42nd Amendment (1976) made sweeping changes.
Q4. The anti-defection law (10th Schedule) came through which amendment? Practice
(A) 61st (1988)
(B) 52nd (1985)
(C) 91st (2003)
(D) 42nd (1976)
Correct answer: (B)
The 52nd added the 10th Schedule; the 91st removed the split exception.
Q5. GST was introduced by which constitutional amendment? Practice
(A) 100th
(B) 102nd
(C) 101st
(D) 99th
Correct answer: (C)
The 101st Amendment (2016) added Art. 246A, 269A and 279A.
Q6. Nari Shakti Vandan (women's reservation) relates to which amendment act? Practice
(A) 104th (2020)
(B) 105th (2021)
(C) 103rd (2019)
(D) 106th (2023)
Correct answer: (D)
The 106th Amendment reserves 1/3 of seats in LS and assemblies for women.
Q7. Which statement about an amendment bill is NOT correct? Practice
(A) A joint sitting can be called in case of deadlock
(B) It can be introduced in either House
(C) A private member can also introduce it
(D) The President must give assent
Correct answer: (A)
There is no provision for a joint sitting on an amendment bill.
Q8. Which amendment made presidential assent to amendment bills obligatory? Practice
(A) 42nd (1976)
(B) 44th (1978)
(C) 25th (1971)
(D) 24th (1971)
Correct answer: (D)
The 24th Amendment provided this.
Q9. What is required to change the method of electing the President? Practice
(A) Special majority + ratification by at least half the States
(B) Simple majority only
(C) Special majority only
(D) Referendum
Correct answer: (A)
Being a federal provision, ratification by half the states is needed.
Q10. In which case was it held that Parliament cannot amend Fundamental Rights? Practice
(A) Shankari Prasad (1951)
(B) Golaknath (1967)
(C) Sajjan Singh (1965)
(D) Kesavananda Bharati (1973)
Correct answer: (B)
Golaknath overturned earlier rulings; the 24th Amendment and Kesavananda changed it.
Q11. The 9th Schedule was added by which amendment? Practice
(A) 7th (1956)
(B) 24th (1971)
(C) 1st (1951)
(D) 42nd (1976)
Correct answer: (C)
The First Amendment added the 9th Schedule to protect land-reform laws.
Q12. The 44th Amendment replaced "internal disturbance" as a ground of national emergency with: Practice
(A) External aggression
(B) Failure of constitutional machinery
(C) Armed rebellion
(D) Financial crisis
Correct answer: (C)
Grounds now: war, external aggression, armed rebellion.
Q13. The size of the Council of Ministers was limited to 15% of the House by which amendment? Practice
(A) 52nd (1985)
(B) 92nd (2003)
(C) 97th (2011)
(D) 91st (2003)
Correct answer: (D)
The 91st added Art. 75(1A) and 164(1A).
Q14. Bodo, Dogri, Maithili and Santhali were added to the 8th Schedule by: Practice
(A) 92nd (2003)
(B) 71st (1992)
(C) 21st (1967)
(D) 96th (2011)
Correct answer: (A)
After the 92nd, the 8th Schedule has 22 languages.
Q15. NCBC got constitutional status through which amendment? Practice
(A) 103rd (2019)
(B) 102nd (2018)
(C) 105th (2021)
(D) 101st (2016)
Correct answer: (B)
The 102nd added Art. 338B.
Q16. Nomination of Anglo-Indians to Lok Sabha was ended by which amendment? Practice
(A) 104th (2020)
(B) 95th (2010)
(C) 103rd (2019)
(D) 106th (2023)
Correct answer: (A)
The 104th extended SC/ST reservation to 2030 but not Anglo-Indian nomination.
Q17. How many judges were on the Kesavananda Bharati bench? Practice
(A) 9
(B) 11
(C) 13
(D) 7
Correct answer: (C)
The largest bench ever — 13 judges, verdict 7:6.
Q18. Which case (2007) held that 9th Schedule laws are reviewable on basic-structure grounds? Practice
(A) Waman Rao
(B) Minerva Mills
(C) S.R. Bommai
(D) I.R. Coelho
Correct answer: (D)
I.R. Coelho (2007), a 9-judge bench.
Q19. Which constitution amendment bill was defeated in Lok Sabha in April 2026 for want of a two-thirds majority? Practice
(A) 129th Amendment Bill (One Nation, One Election)
(B) 131st Amendment Bill (Delimitation)
(C) 128th Amendment Bill (Women's Reservation)
(D) 130th Amendment Bill
Correct answer: (B)
The 131st Bill 2026 — 298 for, 230 against; the required 352 was not reached.
Q20. Which amendment restored states' power to prepare their own OBC lists? Practice
(A) 102nd (2018)
(B) 105th (2021)
(C) 103rd (2019)
(D) 104th (2020)
Correct answer: (B)
The 105th followed the Maratha reservation judgment (2021).

📝 Practice questions

Indian Polity — Practice MCQs (Bilingual) Ch 9: Amendment Procedure & Key Amendments

Practice MCQs SF Prep द्वारा तैयार (PYQ नहीं)। तथ्य भारत के संविधान (अद्यतन पाठ), मानक पाठ्य-सामग्री व आधिकारिक स्रोतों से अक्टूबर 2026 तक जाँचे गए।