The 97th Amendment (2011) inserted Article 19(1)(c) granting citizens the right to form and conduct cooperative societies.
This elevated the status of cooperative societies by making the right to form them a Fundamental Right.
Part IXB was added to provide for cooperative societies as constitutional bodies with representation provisions.
While during National Emergency the President has significant powers, they are not unlimited and subject to judicial review.
The Supreme Court has held (in Kesavananda Bharati case and later judgments) that even emergency powers are subject to constitutional limitations and the basic structure cannot be destroyed.
Article 368 distinguishes between amendments.
Changes to the language provisions (Part XVII) and other non-fundamental aspects can be amended by Parliament with simple majority.
Federal structure, President's powers, and state representation require special majority and sometimes state ratification under Article 368.
The 42nd Amendment (1976) made several significant changes including adding 'Secular' and 'Socialist' to the Preamble, expanded DPSP, and made other changes.
However, the anti-defection law was introduced through the 52nd Amendment Act (1985), not the 42nd Amendment.
The voting age was reduced from 21 to 18 years through the 61st Amendment (1989).
The 44th Amendment Act (1978) limited the duration of National Emergency. A proclamation of National Emergency can be revoked and re-declared, but theoretically, there is no absolute constitutional limit on total duration if it is continuously approved by Parliament.
Option A is correct per the 44th Amendment (written advice required).
Option B is correct per Article 352(4).
Option C is correct per Article 353.
Option D is the incorrect statement as there is no such three-period limit mentioned in the Constitution.
Article 15(3) allows the State to make special provisions for women and children.
Additionally, certain personal law matters related to adoption and guardianship are excluded from Article 15's purview.
Option B is covered by Article 15(4) for backward classes, Option C is not permitted, and Option D is covered by Article 16(3) regarding employment.
During National Emergency declared under Article 352, Articles 20 and 21 cannot be suspended (Article 358).
Article 20 protects against ex post facto laws and double jeopardy.
Article 21 protects life and personal liberty.
Article 19 (freedoms) can be suspended during emergency.
Article 14 (equality) is generally protected but Article 358 specifically carves out Articles 20-21.
Article 358 and 359 deal with suspension of Fundamental Rights during emergency.
Article 21 (Right to Life and Personal Liberty) cannot be suspended even during National Emergency.
Article 32 (Right to Constitutional Remedies) can be suspended.
Articles 14-16 (equality rights) generally cannot be suspended.
The President has power to suspend rights but Article 21 is protected.
This question asks about the constitutional limitations on the amendment procedure under Article 368 of the Indian Constitution.
The Indian Constitution can be amended through Article 368, but the Supreme Court has established that certain fundamental features cannot be amended, even through the prescribed amendment procedure. This doctrine is known as the "Basic Structure Doctrine."
In the landmark case Kesavananda Bharati v. State of Kerala (1973), the Supreme Court ruled that while Article 368 grants broad amendment powers, amendments cannot destroy or alter the basic structure of the Constitution. The federal structure—which divides powers between the Union and States and guarantees the autonomy of states—is considered a basic feature of the Constitution and cannot be amended away.
In contrast, the Preamble (amended in 1976), the structure of the Supreme Court (modified several times), and Fundamental Duties (added in 1976 itself) have all been successfully amended, proving they are not part of the unamendable basic structure.
The federal structure of the Constitution cannot be amended even through the prescribed amendment procedure under Article 368, as established by the Basic Structure Doctrine.
This question tests knowledge of the President's emergency powers under Article 352 of the Indian Constitution, specifically regarding National Emergency declarations and their constitutional effects.
Article 352 specifies that National Emergency can be declared only on three grounds: war, external aggression, or armed rebellion. This statement is CORRECT as it accurately reflects the constitutional provision.
The President can declare a National Emergency without seeking Parliament's prior approval—this is an executive prerogative. However, the declaration must be approved by Parliament within 2 months. This statement is CORRECT regarding the absence of prior approval requirement.
Statement C is CORRECT: Once declared, National Emergency requires Parliament's approval within 2 months (later amended to 30 days in some cases). Statement D is INCORRECT because Article 352 does not automatically suspend Fundamental Rights under Article 19. Only Articles 19, 20, and 21 can be suspended, and Article 19 requires a specific declaration under Article 359, not automatic suspension merely by declaring National Emergency.
**The correct answer is (D) because National Emergency does not automatically suspend Fundamental Rights under Article 19—suspension requires an additional declaration under Article 359