Question Answer

A constitution bench consists of at least five or more judges

of the court which is set up to decide substantial questions
of law with regard to the interpretation of the constitution in
a case.
It is the Chief Justice of India who is constitutionally
authorized to constitute a constitution bench and refer cases
to it.
Constitution benches are set up when the following
circumstances exist:

● When a case involves a substantial question of law

pertaining to the interpretation of the Constitution
[Article 145(3)]. Article 145(3) provides, “The
minimum number of Judges who are to sit for the
1. What is a constitutional bench? purpose of deciding any case involving a substantial
question of law as to the interpretation of this
Constitution or for the purpose of hearing any reference
under Article 143 shall be five.”
● When the President of India has sought the Supreme
Court’s opinion on a question of fact or law under
Article 143 of the Constitution.
● When two or more three-judge benches of the Supreme
Court have delivered conflicting judgments on the
same point of law, necessitating a definite
understanding and interpretation of the law by a larger
bench.

The Constitution benches are set up on an ad hoc basis as and

when the above-mentioned conditions exist.

According to this doctrine, the constitution of India contains

certain features that are so essential that they cannot
be changed or destroyed by the Parliament using its powers
to amend the constitution. This doctrine was laid down by the
SC in the famous Kesavananda Bharati case.
Some of the components of these basic features are
2. What is the basic structure doctrine?
● The supremacy of the Constitution.
What are various components of the basic
● Rule of Law.
structure of the Indian constitution?
● The objectives that are specified in the Preamble.
● The balance between FRs and DPSP.
● Parliamentary form of Govt.
● Free and fair elections.
● Limitations upon the amending power conferred by
Art.368.
 ● Independence of the Judiciary.
● Social Justice.
● Articles 21 read with Articles 14 & 19.
● Articles 20 and 32.
● The primacy of Chief Justice of India in judicial
appointments.

● In the Shankari Prasad case (1951), the

constitutional validity of the First Amendment Act
(1951), which curtailed the right to property, was
challenged.
● The Supreme Court ruled that the power of the
Parliament to amend the Constitution under Article 368
3. Briefly explain the Shankari prasad
also includes the power to amend Fundamental Rights.
case.
● The word ‘law’ in Article 13 includes only ordinary
laws and not the constitutional amendment acts
(constituent laws). Therefore, the Parliament can
abridge or take away any of the Fundamental Rights
by enacting a constitutional amendment act and such a
law will not be void under Article 13.

Background:
The family of Henry and William Golaknath had over 500 acres
of land in Punjab. Acting under the Punjab Security and Land
Tenure Act, 1953, the State government says that they can
keep only 30 acres of land, and the rest of the land will be
distributed among the workers on the field for their welfare.
This act, 1953 which was placed in the 9th schedule by the
17th Constitutional Amendment Act. Golaknath and others
filed the Writ, under Article 32 of the Indian Constitution in the
Supreme court and Says that govt. have a law which violates
our Fundamental rights Mentioned Article 19(1)(f) i.e Right
to Hold and acquire property, 19(1)(f) Right to practice any
profession and Article 14 Equality before Law and Equal
4. What is the Golaknath case?
protection of laws. They sought to have the Seventeenth
Amendment – which had placed the Punjab Act in the Ninth
Schedule – Declare ultra vires.

Judgment
● The judgment reversed the Supreme court's earlier
decision (Shankari Prasad v. Union of India case) which
had upheld Parliament's Power to amend all parts of the
constitution, including Part III related to Fundamental
Rights.
● The judgment left the Parliament with no power to
curtail Fundamental Rights.
● The constitutional amendment under Article 368 of the

The 24th constitutional amendment was brought to overrule
the Golaknath case decision.
5. Who is Kesavananda Bharati? What did
he challenge in the SC?
6. What is the current status of the
relationship between DPSP and FR?
The reasons for this are-
7. Why did the constituent assembly didn't
include fundamental duties in the
Constitution?
constitution was an ordinary “law” within the meaning
of Article 13(3) of the constitution.
● Hence, it can not amend the Fundamental Rights. It
also held that parliament cannot amend the FRs to give
effect to the DPSPs.
● Kesavananda Bharati Sripadagalvaru was a Kerala seer
from Edneer Mutt.
● He challenged the Kerala Land Reforms
(Amendment) Act 1969 and contended that the land
reforms law by the government was an attempt to
impose restrictions on the management of the mutt’s
property, which was the only source of income for his
ashram.
● His petition also challenged three Constitutional
amendments — 24, 25, and 29 — passed by the
Indira Gandhi government to give Parliament the power
to alter fundamental rights.
● He argued that the three amendments breached his
fundamental rights under Article 25 (right to
practice and propagate religion), Article 26 (freedom
of religious denomination, including managing and
administering its property), and Article 31 (right to
property).
● Directive principles under article 39(b) and 39(c)
have been given precedence over Fundamental Rights
under article 14 (Right to Equality) and article 19
(Freedom of Speech and Expression).
● The framers of the Indian Constitution were visionaries
and had followed noble ideals that had inspired our
national struggle for freedom. For them, duties such as
defending the country, promoting harmony, secularism,
and preserving the rich heritage of the composite Indian
culture, etc were to be first nurtured in the home
traditionally and were subsequently supplemented by
education in schools and colleges.
● They believed these duties were an integral part of
the way of life in India and it was taken for
granted that aberrations in the practice of these
will not be acceptable to society.
● The duties were spelled out by the Preamble to the
Constitution, which contains the ideals and aspirations
 of the people of India and the dedication of the
Constitution for fulfilling such ideals and aspirations.

There are 3 categories of amendments.

● Two are under Article 368- amendments by
Special Majority and special majority plus
ratification by the states
● Those amendments outside article 368. Some
provisions of the Constitution can be amended by a
simple majority of Parliament. But these amendments
are not deemed to be amendments of the
Constitution for the purposes of Article 368.

1. By Simple Majority of Parliament

A number of provisions in the Constitution can be
amended by a simple majority of the two Houses of
Parliament outside the scope of Article 368. Some of
these provisions include:
● Admission or establishment of new states.
● Formation of new states and alteration of areas,
boundaries, or names of existing states.
● Abolition or creation of legislative councils in
states.
8. Briefly explain the different categories of ● Second Schedule–emoluments, allowances,
constitutional amendment procedures in privileges, and so on of the president, the
India? governors, the Speakers, judges, etc.

2. By Special Majority of Parliament

The majority of the provisions in the Constitution need
to be amended by a special majority of the Parliament,
that is, a majority of the total membership of each
House and a majority of two-thirds of the
members of each House present and voting.
The provisions which can be amended by this way
include:
● Fundamental Rights;
● Directive Principles of State Policy; and
● All other provisions are not covered by the first
and third categories.

3. By Special Majority of Parliament and Consent of

States
Those provisions of the Constitution which are related to
the federal structure of the polity can be amended by a
special majority of the Parliament and also with the
consent of half of the state legislatures by a simple
 majority.
The following provisions can be amended in this way:
● Election of the President and its manner.
● The extent of the executive power of the Union
and the states.
● Supreme Court and high courts.
● Distribution of legislative powers between the
Union and the states.
● Goods and Services Tax Council.
● Any of the lists in the Seventh Schedule.
● Representation of states in Parliament.
● Power of Parliament to amend the Constitution
and its procedure (Article 368 itself).

● With regard to the admission of students to the

Engineering and Medical Colleges of the State, the
Province of Madras had issued a Communal order
which fixed the number of seats for particular
communities.
● Champakam Dorairajan was a brahmin girl from the
Madras state. In 1951, she could not get admission
in a medical college even though she had scored
sufficient marks due to this communal government
order(GO) issued by the government. So the
Champakam moved the Supreme Court and claimed she
had been discriminated ONLY based on her birth (caste)
● SC held that the communal G.O. constituted a violation
of the fundamental right guaranteed to the citizens of
9. Briefly explain the Champakam Dorai India by Article 29(2) of the Constitution of India and
Rajan case. was therefore void under Article 13. The directive
principles of State Policy laid down in Part IV of
the Constitution cannot in any way override or
abridge the fundamental rights guaranteed by
Part III. On the other hand, they have to conform to
and run as a subsidiary to the fundamental rights laid
down in Part III.
● The judgment led to the first amendment to the
Constitution to protect reservations. The newly
introduced Clause (4) of Article 15 read: “Nothing in
this Article or in Clause 2 of Article 29 shall prevent the
State from making any special provision for the
advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes
and the Scheduled Tribes.”

10. Who defines the components of the ● SC defines the components of the basic structure of
basic structure of the Indian constitution? the constitution.
 This amendment was brought by the Parliament to nullify the
Supreme Court verdict in the Golaknath case.
The amendment has made the following amendments:
● It has added a new clause (4) to article 13 which
provides that 'nothing in this article shall apply to any
amendment of this Constitution made under article 368.
● It made a marginal change to the heading of article
368. The new heading is "power of parliament to
amend the constitution and procedure thereof."
● It inserted a subclause (1) in article 368 which
11. Briefly explain the 24th Constitutional provides that "notwithstanding anything in this
Amendment Act. constitution, parliament may, in the exercise of its
constituent power may amend by way of addition,
variation, or repeal any provision of this constitution in
accordance with the procedure laid down in article"
● Amendment also made it obligatory for the president
to give his assent to the bill amending the
constitution.
● It has added a new clause (3) to article 368 which
provides that "nothing in article 13 shall apply to any
amendment made under this article."

Brief background:
12. What is the 39th Constitutional
Amendment all about?
● In 1971, when the 5th Lok Sabha elections were held,
Indira Gandhi and her party had won the elections. She
fought her election from the Rae Bareli Constituency
and against her contesting was Raj Narain.
● On 24th April 1971, he challenged the Prime
Minister's election by filing a petition in the
Allahabad High Court and accused Gandhi of violating
the election code in the Representation of the People
Act, 1951.
● The Allahabad High court declared Indira Gandhi's
election void on the grounds of corrupt practices.
Aggrieved by this decision, she appealed to the
Supreme Court.
● Thereafter, a state of emergency was declared by
the then President Fakhrudeen Ali Ahmad stating that
the reason for it was internal disturbances.

The amendment:

On 10th August 1975, 39th Constitutional (Amendment)

Act, 1971 was passed by inserting Article 329-A.
 This placed the disputes relating to the president,
vice-president, prime minister, and Speaker beyond the scope
of the judiciary. They are to be decided by such authority as
may be determined by the Parliament.

● This refers to a majority of more than 50% of the

13. Throw some light on ‘Effective
majority’.
effective strength of the House.
● For example, in the Lok Sabha, out of the total strength
of 545, suppose 5 are vacant seats. This means the
effective strength of the House is (545 – 5) = 540. In
this case, the effective majority is 270.
● In the Constitution, an effective majority is mentioned
as “all the then members”.
● Instances where an effective majority is needed:
○ Removal of the Chairman (Vice President of
India), Deputy Chairman in the Rajya Sabha
(Article 67(b)).
○ Removal of the Speaker and the Deputy Speaker
of the Lok Sabha and the State Legislatures.

Any majority other than simple, absolute, and effective are

called Special Majorities. There are four types of special
majorities. They are as follows:
● Special Majority according to Article 249
● Special Majority according to Article 368
● Special Majority according to Article 368 + 50 percent
state ratification by a simple majority
● Special Majority according to Article 61

Special Majority according to Article 249

● This refers to a majority of 2/3rd members present
and voting. This is used to pass a Rajya Sabha
resolution to empower the Parliament to make laws in
14. Elaborate on the different types
the State List.
of ‘Special Majority’.
Special Majority according to Article 368
● This refers to a majority of 2/3rd members present
and voting supported by over 50% of the total
strength of the House. This is chiefly used for most of
the Constitution Amendment Bills.
● Instances where this type of majority is used:
○ Passing a constitutional amendment bill that does
not affect federalism.
○ Removing judges of the Supreme Court or High
Court.
○ Removing the Comptroller and Auditor General of
India or the Chief Election Commissioner (CEC).
○ National emergency
 ○ Resolution by the State Legislature for the abolition
or creation of the Legislative Council.
Special Majority according to Article 368 + 50 percent
state ratification by a simple majority
This type of majority is needed when a constitutional
amendment tries to change the federal structure.
E.g. The bill that introduced the National Judicial
Appointments Commission. It needed the support of at least
15 state legislatures out of the 29 states.

Special Majority according to Article 61

This refers to a majority of 2/3rd of the total strength of the
House. This is used in the case of impeachment of the
President of India.

● This refers to a majority of more than 50% of the

members present and voting in the House.
● Also known as Functional or Working majority. This is
the most commonly used type of majority. When the
law does not specify the kind of majority needed, a
simple majority is used for passing bills or motions.
● Ordinary bills require only a simple majority. For
example, in the Lok Sabha, out of the total strength of
545, suppose 45 were absent and 100 abstained from
voting. This means, only 400 members were present
and voting. In this case, the simple majority needed is
201 (50% + 1).
15. Explain ‘Simple majority’.
Instances where a simple majority is needed:
1. To pass a money bill/financial/ordinary bills.
2. To pass Adjournment Motion/Non-Confidence
Motion/Censure Motion/Confidence Motion To declare a
financial emergency.
3. To declare President’s Rule (state emergency)
4. To elect the Speaker and Deputy Speaker of the Lok
Sabha.
5. The Constitution Amendment Bill under Article 368
which needs to be ratified by the states, needs only a
simple majority at the State Legislatures.

● The Legislature is the function of framing laws to govern

16. What is the difference between
legislative and executive?
the nation. It will be done by the Parliament and
Legislative Assemblies in India.
● The Executive has the function of implementing the
laws framed by the legislature. It will be done by the
President through his Council of Ministers at the
 national level and the Governor through his council of
ministers at the state level.
● In a parliamentary democracy like India, the legislature
holds accountability for the executive actions through
parliamentary procedures.

● The powers of the government in India are divided

horizontally among three organs, i.e.
17. Mention the three organs of the
○ Legislature,
government.
○ Executive, and
○ Judiciary

● In the Maru Ram v Union of India case (1980), the

constitutional bench of the Supreme Court of India held
that the power under Article 72 is to be exercised on
the advice of the Central Government and not by the
President on his own at his discretion. And that the
advice of the Government is binding on him.
18. What is the judicial stand on the
● The Supreme Court in Epuru Sudhakar v Ors. case
clemency powers of the President
(2006) to rule out any case of arbitrariness or
and the Governor?
executive malafide upheld that the granting of clemency
by the President or Governor can be challenged in court
on various grounds such as, the order has been passed
without application of mind, or the order is malafide, or
the relevant material has been kept out of
consideration.

● A qualified veto is that which can be overridden by the

19. What is a qualified veto?
legislature with a higher majority.

● The President exercises this veto when he returns a

bill for reconsideration of the Parliament. However, if the
bill is passed again by the Parliament with or without
amendments and again presented to the President, it is
obligatory for the President to give his assent to the bill.
This means that the presidential veto is overridden by a
20. What is a Suspensive Veto?
re-passage of the bill by the same ordinary majority
(and not a higher majority as required in the USA).
● The President does not possess this veto in the case of
money bills. The President can either give his assent
to a money bill or withhold his assent to a money bill
but cannot return it for the reconsideration of the
Parliament. Normally, the President gives his assent to

21. What is Pocket Veto?
22. What is an absolute veto?
23. What are the diplomatic powers
of the President?
24. Throw some light on Article 53.
the money bill as it is introduced in the Parliament with
his previous permission.
● In this case, the President neither ratifies nor rejects
nor returns the bill, but simply keeps the bill pending
for an indefinite period. This power of the President not
to take any action (either positive or negative) on the
bill is known as the pocket veto.
● The President can exercise this veto power as the
constitution does not prescribe any time limit within
which he has to take the decision with respect to a bill
presented to him for his assent. In the USA, on the
other hand, the President has to return the bill for
reconsideration within 10 days. Hence, it is remarked
that the pocket of the Indian President is bigger than
that of the American President.
● It refers to the power of the President to withhold his
assent to a bill passed by the Parliament.
● The bill then ends and does not become an act.
Usually, this veto is exercised in the following two cases:
(a) With respect to private members’ bills (ie, bills
introduced by any member of Parliament who is not a
minister); and
(b) With respect to the government bills when the Cabinet
resigns (after the passage of the bills but before the assent by
the President) and the new Cabinet advises the President not
to give his assent to such bills.
● International treaties and agreements are negotiated
and concluded on behalf of the President. However, they
are subject to the approval of the Parliament.
● He represents India in international forums and affairs
and sends and receives diplomats like ambassadors,
high commissioners, and so on.
● Article 53 deals with the executive power of the Union.
It states:
(1) “The executive power of the Union shall be vested in
the President and shall be exercised by him either
 directly or through officers subordinate to him in
accordance with this Constitution.”
(2) “Without prejudice to the generality of the foregoing
provision, the supreme command of the Defence Forces
of the Union shall be vested in the President and the
exercise thereof shall be regulated by law.”
(3) “Nothing in this article shall
(a) be deemed to transfer to the President any
functions conferred by any existing law on the
Government of any State or other authority, or
(b) prevent Parliament from conferring by law
functions on authorities other than the President.”

● The Parliament comprises all the members elected to

25. What is the difference between
both houses of Parliament.
the central government and the
● The government comprises those members of the party
Parliament?
(or alliance of parties) that have won the most seats.

● An electoral college is a set of electors who are selected

to elect a candidate to a particular office.
● The President is elected not directly by the people but
26. What is the electoral college and by members of an electoral college consisting of:
who are the members of the ○ the elected members of both the Houses of
electoral college while electing a Parliament.
president? ○ the elected members of the legislative assemblies of
the states; and
○ the elected members of the legislative assemblies of
the Union Territories of Delhi and Puducherry

● The first-past-the-post (FPTP) system is also known as

the simple majority system. In this voting method, the
candidate with the highest number of votes in a
constituency is declared the winner.
● This system is used in India’s indirect elections to the
Lok Sabha and State Legislative Assemblies. While FPTP
is relatively simple, it does not always allow for a truly
27. What is FPTP?
representative mandate, as the candidate could win
despite securing less than half the votes in a contest.
● In 2014, the National Democratic Alliance led by the
Bharatiya Janata Party won 336 seats with only 38.5%
of the popular vote. Also, smaller parties representing
specific groups have a lower chance of being elected in
FPTP.

28. What is meant by the
Proportional representation system?
29. What is the value of the vote of
an MLA and an MP?
30. Who can contest the Presidential
elections?
● This refers to an electoral system in which the
distribution of seats corresponds closely with the
proportion of the total votes cast for each party.
● For example, if a party gets 40% of the total votes then
it gets 40% of the seats in the legislature.
● This is a more complicated representative system than
the first-past-the-post (FPTP) system, which is used in
certain elections in India.
● The value of the vote of an MLA is equal to the total
population of the state divided by the total number of
elected members in the State Legislative Assembly
multiplied by 1 by 1000.
● The value of the vote of an MP is equal to the total
value of votes of all MLAs of all states divided by the
total number of elected members of Parliament.
● A person to be eligible for election as President should
fulfill the following qualifications:
○ He should be a citizen of India.
○ He should have completed 35 years of age.
○ He should be qualified for election as a member
of the Lok Sabha.
○ He should not hold any office of profit under the
Union government or any state government or
any local authority or any other public authority.