" This doctrine has acted as a safeguard against arbitrary or destructive amendments, ensuring that the Constitution retains its core identity. This judicial principle asserts that while Parliament can amend any part of the Constitution, it cannot alter its "basic structure" or "essential features.
Federal Structure Constitutional Changes and Their Impact on India's Governance Framework
The 73rd and 74th Amendment Acts of 1992 were transformative for local governance, granting constitutional status to Panchayati Raj institutions and Municipalities, thereby decentralizing power and fostering grassroots democracy. This was followed by the monumental 42nd Amendment Act of 1976, often referred to as the "Mini-Constitution," which was enacted during the Emergency period.
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. A third category of amendments, pertaining to federal provisions, demands ratification by at least half of the state legislatures before presidential assent is granted.
Federal Structure Constitutional Changes and the Basic Structure Doctrine
These amendments to the constitution of india reflect the dynamic nature of governance, addressing emerging challenges while preserving the foundational principles of justice, liberty, equality, and fraternity. The Mechanism of Constitutional Change The procedure for altering the Constitution is delineated in Article 368, which provides the Parliament of India with the authority to amend the document.
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