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Amendments, 42nd Amendment, Basic Structure Class 11

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Political ScienceCBSE Class 11 · Constitution as a Living Document

Amendments, the Emergency Period and the Basic Structure Doctrine (Class 11 Political Science, Chapter 9)

Updated 17 October 2026 · Fact-checked

The Constitution had been amended 106 times by January 2024. Amendments fall into technical, differing-interpretation and political-consensus groups. The 38th, 39th and 42nd Amendments of the Emergency period were controversial and mostly reversed by the 43rd and 44th. Kesavananda Bharati (1973) and Minerva Mills (1980) set the basic structure limit, making the Constitution a living document.

Understand Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine

Why this topic matters. The groups of amendments, the 42nd Amendment and the basic structure doctrine give 3-6 mark questions; the living-document idea is used in conclusions.

1. Number. By 26 January 2024 the Constitution completed 74 years and had been amended 106 times. The graphs in the chapter show many amendments in 1970-1990 and ten amendments in just three years twice: 1974-1976 (Congress dominance, 352 Lok Sabha seats) and 2001-2003 (coalition politics). So the number does not depend only on the ruling party's majority; except for the first decade, every decade saw a steady stream.

2. Three groups. (i) Technical or administrative: raising High Court judges' retirement age from 60 to 62 (15th), raising judges' salaries (54th), extending SC/ST reserved seats (six amendments so far), and amending Article 74(1) to state that the President shall act on the Council of Ministers' advice. (ii) Differing interpretations: where the judiciary and government disagreed, Parliament amended to make its interpretation authoritative, frequent in 1970-1975 (Fundamental Rights versus Directive Principles, the right to property, scope of the amending power). (iii) Political consensus: many after 1984, such as anti-defection (52nd and 91st), voting age from 21 to 18 (61st), the 73rd and 74th Amendments and reservation-related amendments (77th, 81st, 82nd).

3. Controversial amendments. The 38th, 39th and 42nd Amendments came in the background of the internal Emergency from June 1975. The 42nd Amendment changed the Preamble, the Seventh Schedule and 53 articles, tried to override the Kesavananda ruling, extended the Lok Sabha's term from five to six years, added Fundamental Duties, restricted the review powers of the judiciary and was passed while many opposition MPs were in jail. After the Congress lost the 1977 elections, the 43rd and 44th Amendments cancelled most of these changes and restored constitutional balance.

4. Basic structure. Kesavananda Bharati (1973): no amendment can violate the basic structure; Parliament can amend any and all parts within that limit; the judiciary is the final authority on whether an amendment violates it and what it includes. The theory is not in the Constitution but came from judicial interpretation, itself an example of a living constitution. Minerva Mills (1980) repeated the stand after the 42nd Amendment asserted parliamentary supremacy. Informal changes by interpretation include the 50 per cent cap on reservations and the creamy layer. The Venkatachaliah Commission (2000) kept within the basic structure.

5. Living document. The Constitution responds to experience like a living being, which explains its durability. Parliament represents the people but works within the Constitution; the judiciary insists that even good intentions follow constitutional procedures; the Court looked to the spirit rather than the letter; and the shared vision of the Assembly (Nehru's tryst with destiny) remains intact.

Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine: key facts

Numbers
  • 106 amendments in 74 years (to January 2024)
  • Ten amendments in 1974-76 and in 2001-03
  • US: 27 amendments
Amendments.
Groups
  • Technical
  • Differing interpretation
  • Political consensus
Types.
42nd Amendment
  • Preamble, Seventh Schedule, 53 articles
  • Lok Sabha term six years
  • Fundamental Duties
  • Limits on judicial review
Reversed by 43rd and 44th.
Basic structure
  • Kesavananda Bharati 1973
  • Minerva Mills 1980
  • Judiciary final authority
  • Not written in the Constitution
Limit on Parliament.

How to answer Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine questions

Classification of amendments needs a test question.

  1. 1Ask whether it clarifies (technical).
  2. 2Ask whether it responds to a court ruling (differing interpretation).
  3. 3Ask whether it came from wide political agreement (consensus).
  4. 4Give one example from the chapter for the group.

Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine in real life

The idea, met in an everyday situation. Answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Retirement age change

Suppose an amendment raises the retirement age of High Court judges from 60 to 62.

Which group does it belong to?

Try it first, then show the solutionSolution
  1. It adjusts an administrative detail.
  2. Technical amendment.

Answer: Technical or administrative.

Memory hook: Detail change.

Court says no

Suppose Parliament passes an amendment overriding a Supreme Court ruling, and the Court examines whether it violates the Constitution's basic structure.

Which doctrine is applied?

Try it first, then show the solutionSolution
  1. The basic structure doctrine.
  2. From Kesavananda Bharati (1973), reaffirmed in Minerva Mills (1980).

Answer: The basic structure doctrine.

Memory hook: Court guards the core.

Tricks to remember Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine

Short memory aids. Say each one aloud once, then use it on a question the same day.

  • T-D-P

    Technical, Differing interpretations, Political consensus

    Use it when: Amendment groups.

  • 42nd = mini Constitution

    Preamble, Seventh Schedule, 53 articles

    Use it when: Emergency amendment.

  • 73, 80

    Kesavananda 1973, Minerva Mills 1980

    Use it when: Cases.

Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine: solved examples

Ordered from board level to HOTS. Try each one before you open the solution.

Example 1: Voting age amendment · 1 mark · MCQBoard level

The voting age was lowered from 21 to 18 by the:
(A) 42nd Amendment
(B) 44th Amendment
(C) 61st Amendment
(D) 91st Amendment

Try it first, then show the solutionSolution
  1. The 61st Amendment (1 mark).

Answer: (C)

Example 2: Emergency amendments · 2 marks · Very short answerBoard level

Which Amendments reversed most of the changes of the 38th, 39th and 42nd Amendments and when? (2 marks)

Try it first, then show the solutionSolution
  1. The 43rd and 44th Amendments (1 mark).
  2. After the Congress defeat in the 1977 elections (1 mark).

Answer: The 43rd and 44th Amendments cancelled most of the changes made by the 38th, 39th and 42nd Amendments, after the new government came to power following the 1977 elections.

Example 3: 42nd Amendment · 3 marks · Short answerHarder board level

State four changes made by the 42nd Amendment. (3 marks)

Try it first, then show the solutionSolution
  1. Changed the Preamble, the Seventh Schedule and 53 articles (1 mark).
  2. Extended the Lok Sabha's term to six years and added Fundamental Duties (1 mark).
  3. Restricted judicial review and tried to override Kesavananda; passed while many opposition MPs were in jail (1 mark).

Answer: The 42nd Amendment changed the Preamble, the Seventh Schedule and 53 articles; extended the Lok Sabha's term from five to six years; added Fundamental Duties; and restricted the review powers of the judiciary, attempting to override the Kesavananda ruling. It was passed while many opposition MPs were in jail.

Example 4: Assertion and reason: basic structure · 1 mark · Assertion-reasonHarder board level

Assertion (A): The basic structure doctrine is an example of the Constitution being a living document.
Reason (R): It is not written in the Constitution but arose from judicial interpretation.
(A) Both true, R explains A
(B) Both true, R does not explain A
(C) A true, R false
(D) A false, R true

Try it first, then show the solutionSolution
  1. The judiciary has practically amended the Constitution without a formal amendment (1 mark).

Answer: (A)

Example 5: HOTS: counting the amendments · 5 marks · Long answerHOTS / competency

Two periods saw ten amendments in three years: 1974-76 and 2001-03. Compute the average per year for each period and for the whole 74 years (106 amendments), explain why the two periods differ politically, and what this suggests about the reasons for amendments. (5 marks)

Try it first, then show the solutionSolution
  1. Ten in three years = about 3.3 per year (1 mark).
  2. Whole period: 106 / 74 = about 1.43 per year (1 mark).
  3. The two periods are about 2.3 times the overall average (3.33 / 1.43) (1 mark).
  4. 1974-76 was Congress dominance with a large majority; 2001-03 was coalition politics (1 mark).
  5. So amendments do not depend only on a ruling party's majority; they respond to needs across decades (1 mark).

Answer: Ten amendments in three years is about 3.3 a year, whereas 106 amendments in 74 years is about 1.43 a year, so those two periods ran at about 2.3 times the overall average. 1974-76 was a time of Congress dominance with 352 Lok Sabha seats, while 2001-03 was a time of coalition politics with rival parties in different States. Amendments therefore do not depend only on the ruling party's majority; they were needed regardless of party.

Where students lose marks in Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine

The slips examiners see most often, and what to write instead.

  • Mistake: Saying the 44th Amendment introduced the Emergency changes

    Amendments mixed.

    Wrong working

    The 44th brought the Emergency changes.

    Right working

    The 42nd made them; the 43rd and 44th reversed them.

    Do this: Order the amendments.

    Usually costs: 1 mark.

  • Mistake: Placing basic structure in the Constitution's text

    Assuming it is written.

    Wrong working

    Article 368 lists the basic structure.

    Right working

    It came from judicial interpretation.

    Do this: Say "judicial doctrine".

    Usually costs: 1 mark.

  • Mistake: Giving 1977 as the year of the 42nd Amendment

    Date mix.

    Wrong working

    42nd Amendment 1977.

    Right working

    Passed during the Emergency (1975-77); reversed after 1977.

    Do this: Link with Emergency.

    Usually costs: 1 mark.

Exam tips

  • Use the three groups with an example each.
  • Note 106 amendments in 74 years with the high-activity periods.
  • Quote the cases Kesavananda Bharati (1973) and Minerva Mills (1980).

Practice questions on Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

  1. Q1 · 1 mark · MCQBoard level

    The Venkatachaliah Commission of 2000 was set up to:
    (A) review the working of the Constitution
    (B) reorganise States
    (C) reform elections
    (D) examine Centre-State relations

    Hint

    Retired CJI.

    Answer

    (A)

  2. Q2 · 2 marks · Very short answerBoard level

    Give two examples of technical amendments. (2 marks)

    Hint

    Judges, reserved seats.

    Answer

    Raising the retirement age of High Court judges from 60 to 62 (15th) and extending the reservation of seats for SCs and STs; also raising judges' salaries.

  3. Q3 · 3 marks · Short answerHarder board level

    What was decided in Kesavananda Bharati (1973)? (3 marks)

    Hint

    Three points.

    Answer

    The Court set a limit on Parliament's amending power: no amendment can violate the basic structure; Parliament can amend any and all parts within this limit; and the judiciary is the final authority to decide whether an amendment violates the basic structure and what the basic structure is.

  4. Q4 · 3 marks · Short answerHarder board level

    Give two examples of informal change to the Constitution through judicial interpretation. (3 marks)

    Hint

    50 per cent, creamy layer.

    Answer

    The Court has laid down that reservations in jobs and education should not exceed 50 per cent, and that the creamy layer among OBCs is not entitled to reservation benefits. Interpretations of the right to education and the right to life and liberty also changed their working without a formal amendment.

  5. Q5 · 4 marks · Short answerHOTS / competency

    A speaker argues "Parliament represents the people, so it must be free to amend any part of the Constitution". Evaluate this using the Emergency amendments, Kesavananda Bharati and the living-document idea. (4 marks)

    Hint

    Supremacy within a framework.

    Answer

    Parliament does represent the people and may amend any part within the basic structure, but the Emergency-period 42nd Amendment, passed while many opposition MPs were in jail and restricting judicial review, showed the dangers of unlimited power and was largely reversed. Kesavananda and Minerva Mills hold that no amendment can destroy the basic structure, which all institutions have accepted. So parliamentary power works within a constitutional framework, which keeps the Constitution a living but stable document.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

  1. 1.Which Amendment lowered the voting age?Show answer

    The 61st.

  2. 2.Which Amendment extended Lok Sabha term to six years?Show answer

    The 42nd.

  3. 3.Who headed the 2000 review commission?Show answer

    Justice Venkatachaliah.

  4. 4.Which case came in 1980?Show answer

    Minerva Mills.

Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine: frequently asked questions

Is the 50 per cent cap in the Constitution?

No; it is a judicial interpretation.

Did the 44th Amendment remove property from Fundamental Rights?

The property right was removed from Fundamental Rights around 1978-79, as noted in the rights chapter.

What is the creamy layer?

Better-off persons among OBCs who are not entitled to reservation benefits.