Dalvoy Logo
Dalvoy
UPSC MainsGeneral Studies Paper IIndian PolityPractice question

Representative Democracy, Basic Structure, and 42nd Amendment

1. Explicate the features of representative democracy. 2. 'Article 368 does not enable Parliament to alter the basic structure of the Constitution.' Discuss. 3. Elucidate the purpose and socio-economic vision behind the 42nd Constitutional Amendment Act.

ExplicateDiscussElucidate~250 words3 min readmedium
Attempt it first, timed · optional

Write the answer on paper, as in the exam. Start the timer, keep to the word target.

00:00/ 11 min · 250 words

Done writing? Photograph the sheet and see how it scores against this model answer, with feedback on what to fix.

Upload your answer sheet

How to approach

Begin by detailing the theoretical foundations and constitutional features of representative democracy. Next, chart the judicial evolution restricting Parliament's amending power under Article 368 via the Basic Structure doctrine. Finally, explain the socio-economic objectives, institutional changes, and welfare provisions enacted by the 42nd Constitutional Amendment Act, concluding with a balanced assessment.

Model answer

450 words

Introduction

Representative democracy, constitutional supremacy, and social justice form the triadic foundation of the Indian constitutional order. While representative governance operationalizes popular sovereignty through institutional checks and universal adult suffrage, the constituent power to amend the supreme law remains bounded by the inviolable basic structure of the Constitution.

1. Features of Representative Democracy

Rooted in J.S. Mill's theories of representative government and Robert Dahl's conception of polyarchy, representative democracy operationalizes popular sovereignty indirectly through institutional mechanisms:

  • Competitive Elections and Universal Suffrage: Guarantees universal adult franchise (Article 326) overseen by an autonomous Election Commission of India mandated to conduct and supervise free and fair elections (Article 324).
  • Constitutionalism and Rule of Law: Establishes separation of powers and institutional checks (as emphasized by Edmund Burke) to prevent the arbitrary concentration of power and the 'tyranny of the majority'.
  • Continuous Accountability: Ensures institutional responsiveness through parliamentary questions, committee oversight, opposition scrutiny, and an active, informed citizenry between electoral cycles.

2. Article 368 and the Basic Structure Doctrine

Article 368 vests Parliament with constituent power to amend the Constitution; however, judicial interpretation has established that this amending power is derivative and limited, not absolute or sovereign.

  • Judicial Evolution: The scope of amending power evolved from Shankari Prasad (1951), where Fundamental Rights were held amendable, to Golaknath (1967), which declared them transcendental and unamendable.
  • Establishment of Basic Structure: In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that while Parliament can amend any part of the Constitution, it cannot alter its 'basic structure' or core identity.
  • Affirmation in Minerva Mills (1980): The Supreme Court struck down Clauses 4 and 5 of Article 368 (inserted by the 42nd Amendment), affirming that a limited amending power is itself a basic feature of the Constitution, precluding Parliament from expanding its own amending power into an absolute one.

3. Purpose of the 42nd Constitutional Amendment Act (1976)

Enacted largely on the recommendations of the Swaran Singh Committee, the 42nd Constitutional Amendment sought to orient state machinery toward accelerated socio-economic transformation and egalitarian goals:

  • Ideological Clarification: Added the terms 'Socialist' and 'Secular' to the Preamble, formalizing the state's welfare and non-sectarian commitments.
  • Economic and Ecological Justice: Expanded the Directive Principles of State Policy by adding Article 39A (equal justice and free legal aid), Article 43A (workers' participation in industrial management), and Article 48A (protection and improvement of environment and forests).
  • Civic Responsibilities: Introduced Part IVA (Article 51A) prescribing Fundamental Duties to balance citizen rights with civic consciousness.

Conclusion

While the subsequent 44th Constitutional Amendment Act of 1978 dismantled the authoritarian tendencies and executive excesses introduced during the Emergency, the socio-economic directives and distributive welfare commitments of the 42nd Amendment remain integral to India's pursuit of a democratic welfare state.

Key facts to remember

definition
Basic Structure Doctrine

A judicial principle established in the Kesavananda Bharati case (1973) holding that the constituent power of Parliament under Article 368 does not extend to altering or destroying the fundamental identity and foundational principles of the Constitution.

case study
Minerva Mills Ltd. v. Union of India (1980)

The Supreme Court invalidated Sections 4 and 55 of the 42nd Constitutional Amendment Act, declaring that Parliament cannot use its limited amending power under Article 368 to confer upon itself an unlimited power to amend the Constitution.

scheme
42nd Constitutional Amendment Act, 1976

A comprehensive amendment enacted during the Emergency based on the Swaran Singh Committee recommendations that added 'Socialist' and 'Secular' to the Preamble, inserted Fundamental Duties (Article 51A), and introduced Articles 39A, 43A, and 48A.

Frequently asked questions

Why can Parliament not use Article 368 to make its amending power unlimited?

As established in the Minerva Mills case (1980), Parliament is a creature of the Constitution with derivative constituent power. The limited nature of that amending power is itself a basic feature that cannot be converted into an absolute power.

← All questions on this topic (44)