The Doctrine of Basic Structure A pivotal constraint on the amending power emerged from the landmark Kesavananda Bharati v. Expanding the Scope of Rights and Representation Subsequent amendments have played a crucial role in expanding the scope of constitutional rights and ensuring greater representation for marginalized sections of society.
86th Amendment: Ensuring Free and Compulsory Education for Children
This power is not absolute; it operates within a defined framework that balances flexibility with rigidity. Features such as judicial review, secularism, federalism, and the sovereignty of the Parliament are generally considered integral to this basic structure, preventing the Parliament from exercising absolute supremacy.
Furthermore, the 86th Amendment Act of 2002 made free and compulsory education for children aged 6 to 14 a fundamental right, while the 103rd Amendment provided for 10% reservation for economically weaker sections, demonstrating the Constitution's continued evolution to address contemporary inequalities. This amendment significantly expanded the scope of the Parliament's amending power, curtailed the right to property, and imposed fundamental duties on citizens.
86th Amendment: Ensuring Free and Compulsory Education for Children
Understanding this intricate process is essential for comprehending how India’s legal and political structure has been shaped over decades. Some amendments require a simple majority of members present and voting in each house of Parliament, while others necessitate a special majority, which is defined as a majority of the total membership of the house and a majority of not less than two-thirds of the members of that house present and voting.
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