Yojana Magazine November 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

 Page 2


NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
1
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
TOPIC 1: 75 YEARS OF THE INDIAN 
CONSTITUTION: A JOURNEY 
TOWARDS ABSOLUTE GLORY
Introduction Introduction
The Indian Constitution, the world’s longest 
written constitution, came into effect on 
January 26, 1950, amidst complex socio-
political conditions. Despite facing challenges, 
it has remained the cornerstone of the nation, 
upholding justice, liberty, and equality for all 
citizens. Through the years, the Constitution 
has evolved to meet changing societal needs, 
guided by the ideals of India’s freedom struggle 
and the vision of its framers. Each amendment 
and judicial interpretation has helped adapt the 
Constitution to contemporary issues, ensuring it 
remains relevant and robust.
Foundational Principles and Vision Foundational Principles and Vision
Adoption and Core Values
• Date of Adoption: November 26, 1949 
(celebrated as Constitution Day); formally 
implemented on January 26, 1950 (Republic 
Day).
• Democratic Spirit: The Constitution enshrines 
justice, liberty, equality, and fraternity, 
establishing a framework for governance 
that respects individual rights and embraces 
diversity.
• Born from Struggle: Emerging from the 
shadows of colonial rule and the freedom 
movement, it stands as a pledge for democratic 
governance and protection of individual 
freedoms.
Role of Civil Society
• Guardians of Constitutional Values: Civil 
society organizations have been vital in 
promoting human rights, environmental 
sustainability, and social justice.
• Championing Marginalized Voices: They 
play an essential role in representing those 
whose voices might otherwise go unheard, 
reinforcing a vibrant democratic spirit 
and ensuring collective action to fulfill 
constitutional promises.
Key Milestones in Constitutional Development
1. Government of India Act, 1935:
 ¾ Established the federal structure that 
influenced later constitutional discussions.
2. Cabinet Mission Plan, 1946:
 ¾ Led to the formation of the Constituent 
Assembly, with representatives from 
various regions and backgrounds.
3. Objective Resolution (13 December 1946):
 ¾Outlined the Constitution’s guiding 
principles of justice, liberty, equality, and 
fraternity, which became the foundation 
for drafting the document.
4. Drafting Committee (1947):
 ¾ Chaired by Dr. B. R. Ambedkar, the 
committee meticulously crafted the 
Constitution, balancing the aspirations 
of a diverse population with the need 
to address the historical injustices of 
colonialism.
5. Constitution’s Adoption (26 November 1949):
 ¾Marked a significant milestone in 
India’s history, celebrated annually as 
Constitution Day.
6. Enactment on Republic Day (26 January 
1950):
 ¾Signified India’s transition to self-
governance; the Constitution became 
a symbol of sovereignty, establishing a 
nation built on democratic values.
7. Core Features:
 ¾ Fundamental Rights: Provided individual 
freedoms and protections against social 
discrimination.
 ¾ Directive Principles of State Policy: Set 
social and economic objectives for the state, 
emphasizing not only political democracy 
but also social equity.
 ¾
Evolution of Constitutional Values and Evolution of Constitutional Values and 
Amendments Amendments
Need for Constitutional Adaptability
•	 According to legal scholar Harvey Walker, a 
constitution must evolve from the aspirations 
of its people to remain relevant. The Indian 
Constitution reflects this adaptability, 
balancing foundational values with changing 
societal needs.
Page 3


NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
1
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
TOPIC 1: 75 YEARS OF THE INDIAN 
CONSTITUTION: A JOURNEY 
TOWARDS ABSOLUTE GLORY
Introduction Introduction
The Indian Constitution, the world’s longest 
written constitution, came into effect on 
January 26, 1950, amidst complex socio-
political conditions. Despite facing challenges, 
it has remained the cornerstone of the nation, 
upholding justice, liberty, and equality for all 
citizens. Through the years, the Constitution 
has evolved to meet changing societal needs, 
guided by the ideals of India’s freedom struggle 
and the vision of its framers. Each amendment 
and judicial interpretation has helped adapt the 
Constitution to contemporary issues, ensuring it 
remains relevant and robust.
Foundational Principles and Vision Foundational Principles and Vision
Adoption and Core Values
• Date of Adoption: November 26, 1949 
(celebrated as Constitution Day); formally 
implemented on January 26, 1950 (Republic 
Day).
• Democratic Spirit: The Constitution enshrines 
justice, liberty, equality, and fraternity, 
establishing a framework for governance 
that respects individual rights and embraces 
diversity.
• Born from Struggle: Emerging from the 
shadows of colonial rule and the freedom 
movement, it stands as a pledge for democratic 
governance and protection of individual 
freedoms.
Role of Civil Society
• Guardians of Constitutional Values: Civil 
society organizations have been vital in 
promoting human rights, environmental 
sustainability, and social justice.
• Championing Marginalized Voices: They 
play an essential role in representing those 
whose voices might otherwise go unheard, 
reinforcing a vibrant democratic spirit 
and ensuring collective action to fulfill 
constitutional promises.
Key Milestones in Constitutional Development
1. Government of India Act, 1935:
 ¾ Established the federal structure that 
influenced later constitutional discussions.
2. Cabinet Mission Plan, 1946:
 ¾ Led to the formation of the Constituent 
Assembly, with representatives from 
various regions and backgrounds.
3. Objective Resolution (13 December 1946):
 ¾Outlined the Constitution’s guiding 
principles of justice, liberty, equality, and 
fraternity, which became the foundation 
for drafting the document.
4. Drafting Committee (1947):
 ¾ Chaired by Dr. B. R. Ambedkar, the 
committee meticulously crafted the 
Constitution, balancing the aspirations 
of a diverse population with the need 
to address the historical injustices of 
colonialism.
5. Constitution’s Adoption (26 November 1949):
 ¾Marked a significant milestone in 
India’s history, celebrated annually as 
Constitution Day.
6. Enactment on Republic Day (26 January 
1950):
 ¾Signified India’s transition to self-
governance; the Constitution became 
a symbol of sovereignty, establishing a 
nation built on democratic values.
7. Core Features:
 ¾ Fundamental Rights: Provided individual 
freedoms and protections against social 
discrimination.
 ¾ Directive Principles of State Policy: Set 
social and economic objectives for the state, 
emphasizing not only political democracy 
but also social equity.
 ¾
Evolution of Constitutional Values and Evolution of Constitutional Values and 
Amendments Amendments
Need for Constitutional Adaptability
•	 According to legal scholar Harvey Walker, a 
constitution must evolve from the aspirations 
of its people to remain relevant. The Indian 
Constitution reflects this adaptability, 
balancing foundational values with changing 
societal needs.
NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
2
•	 Debates in the Constituent Assembly often 
referenced A. V. Dicey, who argued that 
inflexibility could lead to violent upheaval.
Amendments as Reflection of Changing Needs
• High Amendment Rate: The Indian 
Constitution, amended over 100 times, 
demonstrates its adaptability, especially in 
contrast with the less frequently amended 
American and Australian constitutions.
• Basic Structure Doctrine (Kesavananda 
Bharati Case, 1973):
 ¾ The Kesavananda Bharati v . State of Kerala 
ruling asserted that while Parliament 
could amend the Constitution, it could not 
alter its fundamental framework.
 ¾ Core elements like democracy, federalism, 
and separation of powers were identified 
as integral to the basic structure.
• Minerva Mills Case (1980):
 ¾Reaffirmed the balance between 
fundamental rights and directive 
principles, ruling that amendments 
violating this balance were unconstitutional 
and emphasizing the role of judicial 
review.
Landmark Cases Enhancing Fundamental 
Rights
• Maneka Gandhi v. Union of India (1978):
 ¾ Expanded the scope of Article 21, 
interpreting the right to life and 
personal liberty to encompass dignity 
and broadened protections, including 
rights to privacy, fair trial, legal aid, and 
environmental safeguards.
• Golden Triangle (Articles 14, 19, and 21):
 ¾ Often invoked by the judiciary to protect 
fundamental rights and ensure that justice 
prevails across various social dimensions.
 ¾
Landmark Judicial Rulings in the Constitutional 
Journey
1. Visakha v. State of Rajasthan (1997):
 ¾ Established guidelines to prevent sexual 
harassment at the workplace, reinforcing 
women’s fundamental rights under 
Articles 14, 19, and 21.
2. Shaira Bano v. Union of India (2017):
 ¾ Declared instant triple talaq 
unconstitutional, upholding gender justice 
for Muslim women.
3. Navtej Singh Johar v. Union of India (2018):
 ¾ Decriminalized consensual homosexuality , 
ensuring equality and dignity for the 
LGBTQ+ community under Article 14.
4. Joseph Shine v. Union of India (2018):
 ¾Struck down the adultery law as 
unconstitutional, advancing gender 
equality by recognizing women’s right to 
dignity.
5. Justice K.S. Puttaswamy v. Union of India 
(2017):
 ¾ Recognized the right to privacy as a 
fundamental right under Article 21, with 
significant implications for data protection 
and individual freedom in the digital age.
6. Abrogation of Article 370 (2019):
 ¾ Removed special status of Jammu and 
Kashmir, marking a significant shift by 
integrating it fully into the Union of India. 
The Supreme Court ruled that Article 370 
was a provisional measure and did not 
confer sovereignty.
 ¾
Judiciary’s Role in Expanding Constitutional Judiciary’s Role in Expanding Constitutional 
Protections Protections
•	 The judiciary has played a pivotal role 
in interpreting and expanding the 
Constitution’s reach, especially in matters 
related to gender equality, environmental 
protection, and marginalized communities.
• A Living Document: Through dynamic 
interpretation, the Constitution has evolved 
to meet modern-day needs, reaffirming its 
core values while addressing contemporary 
challenges.
Conclusion Conclusion
The Indian Constitution, after 75 years, continues 
to inspire and guide the nation, symbolizing the 
spirit of democracy and resilience. This milestone 
serves as a reminder of the work still needed to 
address inequities and promote constitutional 
rights for all citizens. Education and awareness 
about constitutional entitlements are essential for 
empowering individuals and fostering a society 
that respects justice, equality, and liberty.
Page 4


NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
1
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
TOPIC 1: 75 YEARS OF THE INDIAN 
CONSTITUTION: A JOURNEY 
TOWARDS ABSOLUTE GLORY
Introduction Introduction
The Indian Constitution, the world’s longest 
written constitution, came into effect on 
January 26, 1950, amidst complex socio-
political conditions. Despite facing challenges, 
it has remained the cornerstone of the nation, 
upholding justice, liberty, and equality for all 
citizens. Through the years, the Constitution 
has evolved to meet changing societal needs, 
guided by the ideals of India’s freedom struggle 
and the vision of its framers. Each amendment 
and judicial interpretation has helped adapt the 
Constitution to contemporary issues, ensuring it 
remains relevant and robust.
Foundational Principles and Vision Foundational Principles and Vision
Adoption and Core Values
• Date of Adoption: November 26, 1949 
(celebrated as Constitution Day); formally 
implemented on January 26, 1950 (Republic 
Day).
• Democratic Spirit: The Constitution enshrines 
justice, liberty, equality, and fraternity, 
establishing a framework for governance 
that respects individual rights and embraces 
diversity.
• Born from Struggle: Emerging from the 
shadows of colonial rule and the freedom 
movement, it stands as a pledge for democratic 
governance and protection of individual 
freedoms.
Role of Civil Society
• Guardians of Constitutional Values: Civil 
society organizations have been vital in 
promoting human rights, environmental 
sustainability, and social justice.
• Championing Marginalized Voices: They 
play an essential role in representing those 
whose voices might otherwise go unheard, 
reinforcing a vibrant democratic spirit 
and ensuring collective action to fulfill 
constitutional promises.
Key Milestones in Constitutional Development
1. Government of India Act, 1935:
 ¾ Established the federal structure that 
influenced later constitutional discussions.
2. Cabinet Mission Plan, 1946:
 ¾ Led to the formation of the Constituent 
Assembly, with representatives from 
various regions and backgrounds.
3. Objective Resolution (13 December 1946):
 ¾Outlined the Constitution’s guiding 
principles of justice, liberty, equality, and 
fraternity, which became the foundation 
for drafting the document.
4. Drafting Committee (1947):
 ¾ Chaired by Dr. B. R. Ambedkar, the 
committee meticulously crafted the 
Constitution, balancing the aspirations 
of a diverse population with the need 
to address the historical injustices of 
colonialism.
5. Constitution’s Adoption (26 November 1949):
 ¾Marked a significant milestone in 
India’s history, celebrated annually as 
Constitution Day.
6. Enactment on Republic Day (26 January 
1950):
 ¾Signified India’s transition to self-
governance; the Constitution became 
a symbol of sovereignty, establishing a 
nation built on democratic values.
7. Core Features:
 ¾ Fundamental Rights: Provided individual 
freedoms and protections against social 
discrimination.
 ¾ Directive Principles of State Policy: Set 
social and economic objectives for the state, 
emphasizing not only political democracy 
but also social equity.
 ¾
Evolution of Constitutional Values and Evolution of Constitutional Values and 
Amendments Amendments
Need for Constitutional Adaptability
•	 According to legal scholar Harvey Walker, a 
constitution must evolve from the aspirations 
of its people to remain relevant. The Indian 
Constitution reflects this adaptability, 
balancing foundational values with changing 
societal needs.
NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
2
•	 Debates in the Constituent Assembly often 
referenced A. V. Dicey, who argued that 
inflexibility could lead to violent upheaval.
Amendments as Reflection of Changing Needs
• High Amendment Rate: The Indian 
Constitution, amended over 100 times, 
demonstrates its adaptability, especially in 
contrast with the less frequently amended 
American and Australian constitutions.
• Basic Structure Doctrine (Kesavananda 
Bharati Case, 1973):
 ¾ The Kesavananda Bharati v . State of Kerala 
ruling asserted that while Parliament 
could amend the Constitution, it could not 
alter its fundamental framework.
 ¾ Core elements like democracy, federalism, 
and separation of powers were identified 
as integral to the basic structure.
• Minerva Mills Case (1980):
 ¾Reaffirmed the balance between 
fundamental rights and directive 
principles, ruling that amendments 
violating this balance were unconstitutional 
and emphasizing the role of judicial 
review.
Landmark Cases Enhancing Fundamental 
Rights
• Maneka Gandhi v. Union of India (1978):
 ¾ Expanded the scope of Article 21, 
interpreting the right to life and 
personal liberty to encompass dignity 
and broadened protections, including 
rights to privacy, fair trial, legal aid, and 
environmental safeguards.
• Golden Triangle (Articles 14, 19, and 21):
 ¾ Often invoked by the judiciary to protect 
fundamental rights and ensure that justice 
prevails across various social dimensions.
 ¾
Landmark Judicial Rulings in the Constitutional 
Journey
1. Visakha v. State of Rajasthan (1997):
 ¾ Established guidelines to prevent sexual 
harassment at the workplace, reinforcing 
women’s fundamental rights under 
Articles 14, 19, and 21.
2. Shaira Bano v. Union of India (2017):
 ¾ Declared instant triple talaq 
unconstitutional, upholding gender justice 
for Muslim women.
3. Navtej Singh Johar v. Union of India (2018):
 ¾ Decriminalized consensual homosexuality , 
ensuring equality and dignity for the 
LGBTQ+ community under Article 14.
4. Joseph Shine v. Union of India (2018):
 ¾Struck down the adultery law as 
unconstitutional, advancing gender 
equality by recognizing women’s right to 
dignity.
5. Justice K.S. Puttaswamy v. Union of India 
(2017):
 ¾ Recognized the right to privacy as a 
fundamental right under Article 21, with 
significant implications for data protection 
and individual freedom in the digital age.
6. Abrogation of Article 370 (2019):
 ¾ Removed special status of Jammu and 
Kashmir, marking a significant shift by 
integrating it fully into the Union of India. 
The Supreme Court ruled that Article 370 
was a provisional measure and did not 
confer sovereignty.
 ¾
Judiciary’s Role in Expanding Constitutional Judiciary’s Role in Expanding Constitutional 
Protections Protections
•	 The judiciary has played a pivotal role 
in interpreting and expanding the 
Constitution’s reach, especially in matters 
related to gender equality, environmental 
protection, and marginalized communities.
• A Living Document: Through dynamic 
interpretation, the Constitution has evolved 
to meet modern-day needs, reaffirming its 
core values while addressing contemporary 
challenges.
Conclusion Conclusion
The Indian Constitution, after 75 years, continues 
to inspire and guide the nation, symbolizing the 
spirit of democracy and resilience. This milestone 
serves as a reminder of the work still needed to 
address inequities and promote constitutional 
rights for all citizens. Education and awareness 
about constitutional entitlements are essential for 
empowering individuals and fostering a society 
that respects justice, equality, and liberty.
NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
3
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
TOPIC 2: EVOLUTION OF THE INDIAN 
CONSTITUTION: CONSTITUTIONAL 
AMENDMENTS
Introduction Introduction
The Indian Constitution emerged from a 
century-long British colonial rule, during which 
numerous legislative acts set administrative 
precedents. Designed to meet the dynamic 
aspirations of Indian society, the Indian 
Constitution incorporates a unique amendment 
process, less rigid than other federal systems, 
enabling 106 amendments so far . This adaptability 
ensures that the Constitution remains relevant 
across changing socio-political landscapes.
Evolution of the Constitution During British Evolution of the Constitution During British 
Rule Rule
1. British Legislative Framework:
 ¾The Indian Constitution draws 
significantly from British-enacted laws, 
specifically:
  Councils Act of 1909
  Government of India Act of 1919
  Government of India Act of 1935
2. Constitutional Features Derived:
 ¾ These acts introduced parliamentary 
governance, federalism, and a centralized 
administration.
 ¾ Government of India Act 1935: Formed 
the bedrock of India’s Constitution, with 
approximately 65% of its provisions 
incorporated.
Amendment Process in Federal Systems Amendment Process in Federal Systems
1. Comparative Rigidity:
 ¾ Federal constitutions typically mandate a 
stringent amendment process, requiring:
 Special majorities in federal 
legislatures.
  State ratification for certain provisions 
(e.g., the U.S. Constitution).
2. Indian Flexibility:
 ¾ While less rigid, amendments have 
significantly altered the Constitution’s 
original framework, prompting critics like 
Acharya Kripalani to observe that post-
42nd Amendment (1976), the original 
essence had faded.
Importance of Constitutional Amendments Importance of Constitutional Amendments
1. Reflecting Evolving Aspirations :
 ¾ A constitution is a living document that 
must adapt to socio-economic shifts to 
avoid obsolescence.
2. Article 368:
 ¾ The framers embedded Article 368 to 
provide a formal amendment mechanism, 
recognizing the necessity of adaptation.
Procedures for Amending the Constitution Procedures for Amending the Constitution
The Indian Constitution outlines three 
amendment methods:
1. By Simple Majority:
 ¾ Primarily for structural changes (e.g., 
Article 2 for admission of new states, 
Article 3 for state boundaries).
2. Special Majority (Article 368):
 ¾ Used for most amendments, requiring a 
two-thirds majority in both Parliament 
houses.
3. Special Majority + State Ratification :
 ¾ Required for amendments impacting 
federal provisions (e.g., GST), necessitating 
ratification from at least half the states.
Scope of Parliamentary Powers for Scope of Parliamentary Powers for 
Amendments Amendments
1. Initial Broad Powers:
 ¾The Supreme Court initially held 
(Shankari Prasad, 1951; Sajjan Singh, 1964) 
that Parliament could amend any part, 
including fundamental rights.
2. Limitations on Amending Fundamental 
Rights:
 ¾Golaknath Case (1967) restricted 
Parliament’s amendment power regarding 
fundamental rights, deeming them 
sacrosanct.
3. 24th Amendment Act (1971):
 ¾ Overturned Golaknath by amending 
Articles 13 and 368, clarifying that 
Parliament could amend fundamental 
rights.
Kesavananda Bharati Case and the Basic Kesavananda Bharati Case and the Basic 
Structure Doctrine Structure Doctrine
1. Doctrine Establishment:
 ¾ In Kesavananda Bharati Case (1973), the 
Page 5


NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
1
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
TOPIC 1: 75 YEARS OF THE INDIAN 
CONSTITUTION: A JOURNEY 
TOWARDS ABSOLUTE GLORY
Introduction Introduction
The Indian Constitution, the world’s longest 
written constitution, came into effect on 
January 26, 1950, amidst complex socio-
political conditions. Despite facing challenges, 
it has remained the cornerstone of the nation, 
upholding justice, liberty, and equality for all 
citizens. Through the years, the Constitution 
has evolved to meet changing societal needs, 
guided by the ideals of India’s freedom struggle 
and the vision of its framers. Each amendment 
and judicial interpretation has helped adapt the 
Constitution to contemporary issues, ensuring it 
remains relevant and robust.
Foundational Principles and Vision Foundational Principles and Vision
Adoption and Core Values
• Date of Adoption: November 26, 1949 
(celebrated as Constitution Day); formally 
implemented on January 26, 1950 (Republic 
Day).
• Democratic Spirit: The Constitution enshrines 
justice, liberty, equality, and fraternity, 
establishing a framework for governance 
that respects individual rights and embraces 
diversity.
• Born from Struggle: Emerging from the 
shadows of colonial rule and the freedom 
movement, it stands as a pledge for democratic 
governance and protection of individual 
freedoms.
Role of Civil Society
• Guardians of Constitutional Values: Civil 
society organizations have been vital in 
promoting human rights, environmental 
sustainability, and social justice.
• Championing Marginalized Voices: They 
play an essential role in representing those 
whose voices might otherwise go unheard, 
reinforcing a vibrant democratic spirit 
and ensuring collective action to fulfill 
constitutional promises.
Key Milestones in Constitutional Development
1. Government of India Act, 1935:
 ¾ Established the federal structure that 
influenced later constitutional discussions.
2. Cabinet Mission Plan, 1946:
 ¾ Led to the formation of the Constituent 
Assembly, with representatives from 
various regions and backgrounds.
3. Objective Resolution (13 December 1946):
 ¾Outlined the Constitution’s guiding 
principles of justice, liberty, equality, and 
fraternity, which became the foundation 
for drafting the document.
4. Drafting Committee (1947):
 ¾ Chaired by Dr. B. R. Ambedkar, the 
committee meticulously crafted the 
Constitution, balancing the aspirations 
of a diverse population with the need 
to address the historical injustices of 
colonialism.
5. Constitution’s Adoption (26 November 1949):
 ¾Marked a significant milestone in 
India’s history, celebrated annually as 
Constitution Day.
6. Enactment on Republic Day (26 January 
1950):
 ¾Signified India’s transition to self-
governance; the Constitution became 
a symbol of sovereignty, establishing a 
nation built on democratic values.
7. Core Features:
 ¾ Fundamental Rights: Provided individual 
freedoms and protections against social 
discrimination.
 ¾ Directive Principles of State Policy: Set 
social and economic objectives for the state, 
emphasizing not only political democracy 
but also social equity.
 ¾
Evolution of Constitutional Values and Evolution of Constitutional Values and 
Amendments Amendments
Need for Constitutional Adaptability
•	 According to legal scholar Harvey Walker, a 
constitution must evolve from the aspirations 
of its people to remain relevant. The Indian 
Constitution reflects this adaptability, 
balancing foundational values with changing 
societal needs.
NEW DELHI | AHMEDABAD | ANAND | BHUBANESWAR | CHANDIGARH | DEHRADUN | GANDHINAGAR | HYDERABAD | INDORE | 
JAIPUR | KANPUR | KOLKAT A | LUCKNOW | MUMBAI | PATNA | RAIPUR | RAJKOT | SURAT | THANE | VADODARA | VARANASI
YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
2
•	 Debates in the Constituent Assembly often 
referenced A. V. Dicey, who argued that 
inflexibility could lead to violent upheaval.
Amendments as Reflection of Changing Needs
• High Amendment Rate: The Indian 
Constitution, amended over 100 times, 
demonstrates its adaptability, especially in 
contrast with the less frequently amended 
American and Australian constitutions.
• Basic Structure Doctrine (Kesavananda 
Bharati Case, 1973):
 ¾ The Kesavananda Bharati v . State of Kerala 
ruling asserted that while Parliament 
could amend the Constitution, it could not 
alter its fundamental framework.
 ¾ Core elements like democracy, federalism, 
and separation of powers were identified 
as integral to the basic structure.
• Minerva Mills Case (1980):
 ¾Reaffirmed the balance between 
fundamental rights and directive 
principles, ruling that amendments 
violating this balance were unconstitutional 
and emphasizing the role of judicial 
review.
Landmark Cases Enhancing Fundamental 
Rights
• Maneka Gandhi v. Union of India (1978):
 ¾ Expanded the scope of Article 21, 
interpreting the right to life and 
personal liberty to encompass dignity 
and broadened protections, including 
rights to privacy, fair trial, legal aid, and 
environmental safeguards.
• Golden Triangle (Articles 14, 19, and 21):
 ¾ Often invoked by the judiciary to protect 
fundamental rights and ensure that justice 
prevails across various social dimensions.
 ¾
Landmark Judicial Rulings in the Constitutional 
Journey
1. Visakha v. State of Rajasthan (1997):
 ¾ Established guidelines to prevent sexual 
harassment at the workplace, reinforcing 
women’s fundamental rights under 
Articles 14, 19, and 21.
2. Shaira Bano v. Union of India (2017):
 ¾ Declared instant triple talaq 
unconstitutional, upholding gender justice 
for Muslim women.
3. Navtej Singh Johar v. Union of India (2018):
 ¾ Decriminalized consensual homosexuality , 
ensuring equality and dignity for the 
LGBTQ+ community under Article 14.
4. Joseph Shine v. Union of India (2018):
 ¾Struck down the adultery law as 
unconstitutional, advancing gender 
equality by recognizing women’s right to 
dignity.
5. Justice K.S. Puttaswamy v. Union of India 
(2017):
 ¾ Recognized the right to privacy as a 
fundamental right under Article 21, with 
significant implications for data protection 
and individual freedom in the digital age.
6. Abrogation of Article 370 (2019):
 ¾ Removed special status of Jammu and 
Kashmir, marking a significant shift by 
integrating it fully into the Union of India. 
The Supreme Court ruled that Article 370 
was a provisional measure and did not 
confer sovereignty.
 ¾
Judiciary’s Role in Expanding Constitutional Judiciary’s Role in Expanding Constitutional 
Protections Protections
•	 The judiciary has played a pivotal role 
in interpreting and expanding the 
Constitution’s reach, especially in matters 
related to gender equality, environmental 
protection, and marginalized communities.
• A Living Document: Through dynamic 
interpretation, the Constitution has evolved 
to meet modern-day needs, reaffirming its 
core values while addressing contemporary 
challenges.
Conclusion Conclusion
The Indian Constitution, after 75 years, continues 
to inspire and guide the nation, symbolizing the 
spirit of democracy and resilience. This milestone 
serves as a reminder of the work still needed to 
address inequities and promote constitutional 
rights for all citizens. Education and awareness 
about constitutional entitlements are essential for 
empowering individuals and fostering a society 
that respects justice, equality, and liberty.
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YOJANA NOVEMBER 2024- OUR CONSTITUTION AND LEGAL REFORMS
TOPIC 2: EVOLUTION OF THE INDIAN 
CONSTITUTION: CONSTITUTIONAL 
AMENDMENTS
Introduction Introduction
The Indian Constitution emerged from a 
century-long British colonial rule, during which 
numerous legislative acts set administrative 
precedents. Designed to meet the dynamic 
aspirations of Indian society, the Indian 
Constitution incorporates a unique amendment 
process, less rigid than other federal systems, 
enabling 106 amendments so far . This adaptability 
ensures that the Constitution remains relevant 
across changing socio-political landscapes.
Evolution of the Constitution During British Evolution of the Constitution During British 
Rule Rule
1. British Legislative Framework:
 ¾The Indian Constitution draws 
significantly from British-enacted laws, 
specifically:
  Councils Act of 1909
  Government of India Act of 1919
  Government of India Act of 1935
2. Constitutional Features Derived:
 ¾ These acts introduced parliamentary 
governance, federalism, and a centralized 
administration.
 ¾ Government of India Act 1935: Formed 
the bedrock of India’s Constitution, with 
approximately 65% of its provisions 
incorporated.
Amendment Process in Federal Systems Amendment Process in Federal Systems
1. Comparative Rigidity:
 ¾ Federal constitutions typically mandate a 
stringent amendment process, requiring:
 Special majorities in federal 
legislatures.
  State ratification for certain provisions 
(e.g., the U.S. Constitution).
2. Indian Flexibility:
 ¾ While less rigid, amendments have 
significantly altered the Constitution’s 
original framework, prompting critics like 
Acharya Kripalani to observe that post-
42nd Amendment (1976), the original 
essence had faded.
Importance of Constitutional Amendments Importance of Constitutional Amendments
1. Reflecting Evolving Aspirations :
 ¾ A constitution is a living document that 
must adapt to socio-economic shifts to 
avoid obsolescence.
2. Article 368:
 ¾ The framers embedded Article 368 to 
provide a formal amendment mechanism, 
recognizing the necessity of adaptation.
Procedures for Amending the Constitution Procedures for Amending the Constitution
The Indian Constitution outlines three 
amendment methods:
1. By Simple Majority:
 ¾ Primarily for structural changes (e.g., 
Article 2 for admission of new states, 
Article 3 for state boundaries).
2. Special Majority (Article 368):
 ¾ Used for most amendments, requiring a 
two-thirds majority in both Parliament 
houses.
3. Special Majority + State Ratification :
 ¾ Required for amendments impacting 
federal provisions (e.g., GST), necessitating 
ratification from at least half the states.
Scope of Parliamentary Powers for Scope of Parliamentary Powers for 
Amendments Amendments
1. Initial Broad Powers:
 ¾The Supreme Court initially held 
(Shankari Prasad, 1951; Sajjan Singh, 1964) 
that Parliament could amend any part, 
including fundamental rights.
2. Limitations on Amending Fundamental 
Rights:
 ¾Golaknath Case (1967) restricted 
Parliament’s amendment power regarding 
fundamental rights, deeming them 
sacrosanct.
3. 24th Amendment Act (1971):
 ¾ Overturned Golaknath by amending 
Articles 13 and 368, clarifying that 
Parliament could amend fundamental 
rights.
Kesavananda Bharati Case and the Basic Kesavananda Bharati Case and the Basic 
Structure Doctrine Structure Doctrine
1. Doctrine Establishment:
 ¾ In Kesavananda Bharati Case (1973), the 
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Basic Structure Doctrine was introduced, 
asserting that core constitutional features 
cannot be amended.
2. Core Elements Protected:
 ¾ Key elements protected under this doctrine 
include:
  Supremacy of the Constitution
  Republican and democratic values
  Secularism
  Federalism
  Judicial Independence
3. Judicial Review Cases:
 ¾Later cases (Minerva Mills, 1980; 
I.R. Coelho, 2007) reinforced this 
doctrine, preventing amendments from 
compromising these principles.
 ¾ 99th Amendment (NJAC) was struck down 
for undermining judicial independence.
Landmark Constitutional Amendments Landmark Constitutional Amendments
1. First Amendment (1951):
 ¾ Introduced reasonable restrictions on 
freedom of speech and established the 
Ninth Schedule to shield land reforms 
from judicial review.
2. Seventh Amendment (1956):
 ¾ Enabled the reorganization of states 
based on linguistic lines, as suggested by 
the Afzal Ali Committee.
3. Forty-Second Amendment (1976):
 ¾ Known as the Mini-Constitution for its 
broad changes during the Emergency, 
including:
  Addition of Fundamental Duties.
  Directive Principles extended with 
provisions like Free Legal Aid and 
Protection of the Environment.
 Limited judiciary’s power and 
expanded Parliament’s amendment 
authority.
4. Forty-Fourth Amendment (1978):
 ¾ Addressed the emergency-related changes 
by:
  Replacing “internal disturbance” with 
armed rebellion.
  Changing Right to Property from 
fundamental to legal status.
5. Fifty-Second Amendment (1985):
 ¾ Added the 10th Schedule, addressing 
political defection through the Anti-
Defection Law, later reinforced by the 
91st Amendment.
6. Sixty-First Amendment (1988):
 ¾ Lowered the voting age from 21 to 
18, broadening youth participation in 
democracy.
7. 73rd and 74th Amendments (1992):
 ¾ Strengthened local governance by 
institutionalizing Panchayati Raj 
Institutions (PRIs), with reserved 
representation for women and SC/ST 
communities.
8. 99th Amendment (2014):
 ¾ Attempted to replace the collegium system 
with the National Judicial Appointments 
Commission (NJAC), ultimately deemed 
unconstitutional.
9. 101st Amendment (2016):
 ¾ Introduced GST, unifying tax regimes 
across states and advancing cooperative 
federalism.
10. 106th Amendment (2023):
 ¾ Reserved 33% of seats for women 
in Parliament and state legislatures, 
empowering women’s representation at 
the legislative level.
Concluding Observations Concluding Observations
Constitutional amendments have profoundly 
influenced India’s political, social, and 
economic environment:
1. Procedural Clarifications : Many amendments 
served to detail or refine constitutional 
provisions.
2. Regressive Amendments: Certain 
amendments, notably the 42nd, restricted 
freedoms and diminished judicial 
independence.
3. Progressive Amendments: Most 
amendments have adapted to evolving 
societal needs, preserving democratic ideals 
while empowering marginalized groups.