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Indian Constitution Articles

UPSC MAINS • GS-II
Amendments, Basic Structure & Judicial Activism (Part 5)

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📜 CONSTITUTIONAL AMENDMENTS (Article 368)

UPSC Mains Question:
“While the Constitution is flexible, it is not amendable at the will of Parliament.” Discuss with reference to Article 368. (250 words)

Model Answer:

Article 368 provides Parliament with the power to amend the Constitution to meet changing social, political, and economic needs. This flexibility ensures the Constitution remains a living document rather than a rigid legal text.

Amendments may be carried out by a simple majority, special majority, or special majority with ratification by states, depending on the nature of the provision. This graded procedure balances flexibility with stability.

However, unchecked amendment power may threaten constitutional values. Judicial interpretation has ensured that Parliament’s amending authority is not absolute and must respect the Constitution’s core principles.

Thus, Article 368 strikes a balance between constitutional adaptability and the preservation of foundational values.

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BASIC STRUCTURE DOCTRINE

UPSC Mains Question:
Explain the significance of the Basic Structure doctrine in maintaining constitutional supremacy. (250 words)

Model Answer:

The Basic Structure doctrine emerged as a judicial response to prevent misuse of Parliament’s amending power. It holds that while Parliament can amend the Constitution, it cannot alter its basic framework.

Core features such as democracy, secularism, rule of law, judicial independence, and separation of powers form part of this basic structure.

This doctrine preserves constitutional identity and prevents authoritarian tendencies. At the same time, it allows constitutional evolution within defined limits.

By balancing parliamentary sovereignty and constitutional supremacy, the Basic Structure doctrine safeguards democracy and the rule of law.

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 JUDICIAL REVIEW & CONSTITUTIONAL BALANCE

UPSC Mains Question:
Judicial review is essential for constitutional governance but must be exercised with restraint. Discuss. (150 words)

Model Answer:

Judicial review empowers courts to examine the constitutionality of legislative and executive actions. It ensures protection of Fundamental Rights and adherence to constitutional provisions.

However, excessive judicial intervention may encroach upon the domain of the legislature and executive, disturbing the balance of power.

Therefore, judicial review must combine activism with institutional restraint to preserve democratic governance.

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 JUDICIAL ACTIVISM

UPSC Mains Question:
“Judicial activism has expanded the scope of rights but has also raised concerns of overreach.” Critically analyse. (250 words)

Model Answer:

Judicial activism refers to proactive judicial interpretation to protect rights and address governance gaps. It has played a crucial role in expanding Fundamental Rights, strengthening environmental protection, and ensuring access to justice.

Public Interest Litigation has empowered marginalised sections and made governance more accountable. However, frequent judicial intervention in policy matters may blur the separation of powers.

Thus, judicial activism is justified when it enforces constitutional values, but it must avoid substituting judicial wisdom for democratic decision-making.

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 JUDICIAL RESTRAINT – NEED OF THE HOUR

UPSC Mains Question:
Why is judicial restraint necessary in a constitutional democracy? (150 words)

Model Answer:

Judicial restraint ensures respect for the functional domain of the legislature and executive. It prevents courts from entering policy-making spheres best handled by elected representatives.

By exercising restraint, the judiciary maintains institutional legitimacy and democratic balance. Restraint complements activism by ensuring constitutional harmony.

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 MAINS VALUE ADDITION

• Use “constitutional morality” in conclusions
• Balance Parliament–Judiciary relationship
• Avoid extreme praise or criticism

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 HOW TO USE PART 5

• Practice 250-word answers
• Highlight balance, not confrontation
• Link amendments with democratic values

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“A living Constitution must evolve without losing its soul.”

— Shaktimatha 369 Learning