UPSC CSE Prelims
Important Constitutional Amendments Previous Year Questions (PYQs)

Detailed Explanation:

Answer: Option 1 — 1, 2 and 3

The 71st Constitutional Amendment Act, 1992 added three languages to the Eighth Schedule of the Indian Constitution: Konkani, Manipuri, and Nepali. This brought the total number of scheduled languages from 15 to 18. Maithili was not part of this amendment; it was added later through the 92nd Amendment Act, 2003, along with Bodo, Dogri, and Santhali.

📝 Short Notes: Eighth Schedule and Amendment of Languages

• Eighth Schedule Overview: The Eighth Schedule of the Constitution contains the list of official languages recognized by India. Originally, it included 14 languages when the Constitution came into force in 1950. These languages enjoy constitutional recognition, government support for development, and can be used in parliamentary proceedings and competitive examinations.
• 21st Amendment Act, 1967: This was the first amendment to the Eighth Schedule, adding Sindhi as the 15th language to recognize the linguistic identity of the Sindhi-speaking community displaced during partition.
• 71st Amendment Act, 1992: Added three languages - Konkani (spoken in Goa and neighboring states), Manipuri or Meitei (official language of Manipur), and Nepali (spoken in Sikkim, Darjeeling, and parts of Northeast India) - increasing the total to 18 languages.
• 92nd Amendment Act, 2003: Added four languages - Bodo, Dogri, Maithili, and Santhali - bringing the current total to 22 scheduled languages, recognizing India's vast linguistic diversity.
• Significance of Scheduled Languages: Languages in the Eighth Schedule are entitled to representation on official language commissions, can be used in UPSC and other competitive examinations, and receive government support for their development and promotion.
• Classical Languages: Six languages have been accorded 'Classical Language' status separately - Tamil (2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014). This status is distinct from scheduled language status and recognizes ancient literary heritage.
• Criteria for Inclusion: Though no fixed constitutional criterion exists, languages with significant number of speakers, rich literary tradition, and cultural significance are generally considered. Several languages including Tulu, Bhojpuri, and Rajasthani have ongoing demands for inclusion.
• Constitutional Provisions: Article 344 provides for the Constitution of a Commission and a Committee of Parliament on official languages. Article 351 directs the Union to promote Hindi and draw upon Sanskrit and other Eighth Schedule languages for its enrichment.

Detailed Explanation:

Answer: Option 1 — 1st Amendment

The First Constitutional Amendment Act (1951) was enacted specifically to overcome judicial interpretations that restricted the government's ability to implement land reforms and social welfare measures. The Supreme Court had struck down several state legislations on land reforms and caste-based reservations as violations of Fundamental Rights, prompting Parliament to amend the Constitution. The amendment introduced Articles 15(4), 31A, and 31B, created the Ninth Schedule, and added reasonable restrictions to Article 19 to address these judicial obstacles.

📝 Short Notes: First Amendment Act, 1951

• Historical Context: The amendment was necessitated by the conflict between the judiciary's protection of individual rights and the government's commitment to socio-economic transformation through land reforms and affirmative action.
• Parliamentary Response: This was Parliament's first assertion of its power to amend Fundamental Rights to fulfill the Directive Principles of State Policy.
• UPSC Note: This question was dropped from the Prelims 2023 final answer key, possibly due to ambiguity or controversy regarding the interpretation.

Detailed Explanation:

Answer: Option 1 — Jawaharlal Nehru

The Ninth Schedule was introduced through the Constitution (First Amendment) Act, 1951, during the prime ministership of Jawaharlal Nehru. This amendment was enacted to protect land reform and other socio-economic legislation from judicial review on grounds of violating fundamental rights, particularly the right to property under Article 31. Prime Minister Nehru personally introduced this amendment bill in the Lok Sabha to safeguard progressive legislative measures aimed at social and economic transformation.

📝 Short Notes: Ninth Schedule

• Introduction: Added by the First Constitutional Amendment Act, 1951 during Nehru's tenure as Prime Minister.
• Purpose: To protect laws placed in it from judicial review on grounds of violation of fundamental rights, especially Article 14, 19, and the erstwhile Article 31.
• Initial Focus: Primarily contained laws related to land reforms and abolition of zamindari system.
• Supreme Court Verdict (I.R. Coelho case, 2007): Laws in the Ninth Schedule can be subject to judicial review if they violate the basic structure of the Constitution, particularly after April 24, 1973.
• Current Status: Contains over 280 Acts and Regulations protecting various state and central laws.
• Key Legislation Protected: Land ceiling acts, abolition of intermediaries, reservation laws, and other socio-economic reform measures.

Detailed Explanation:

Answer: Option 2 — 2 only

Statement 1 is incorrect because the 44th Amendment (1978) actually restored judicial review of elections of the President, Vice President, Prime Minister, and Speaker, which had been removed by the 39th Amendment. Statement 2 is correct as the Supreme Court struck down the 99th Constitutional Amendment Act, 2014, which established the National Judicial Appointments Commission (NJAC), holding that it violated the independence of the judiciary—a basic feature of the Constitution.

❌ Statement 1 – Incorrect: The 44th Amendment restored judicial review of the Prime Minister's election, not placed it beyond review (the 39th Amendment had removed such review).

✅ Statement 2 – Correct: The 99th Amendment (2014) establishing NJAC was struck down by the Supreme Court in 2015 for violating judicial independence.

📝 Short Notes: Constitutional Amendments and Judicial Review

• Basic Structure Doctrine: Established in Kesavananda Bharati case (1973), it holds that certain fundamental features of the Constitution cannot be amended by Parliament, including judicial independence.
• Collegium System: A system of appointing judges evolved through judicial pronouncements (Second and Third Judges Cases), where senior SC judges recommend appointments.
• NJAC Composition: Included CJI, two senior SC judges, Union Law Minister, and two eminent persons—SC held this compromised judicial primacy in appointments.
• Judicial Independence: Core element ensuring judiciary remains free from executive and legislative interference, essential for constitutional democracy.

Detailed Explanation:

Answer: Option 2 — Participation of workers in management of industries

Article 43A, which mandates participation of workers in the management of industries, was added to the Directive Principles of State Policy by the 42nd Constitutional Amendment Act of 1976. This provision was introduced to promote industrial democracy and ensure that workers have a meaningful role in decision-making within industrial establishments. The other options—equal pay for equal work (Article 39(d)), right to work and education (Article 41), and securing living wage (Article 43)—were all part of the original Constitution adopted in 1950.

Why other options are incorrect:
❌ Option 1 – Equal pay for equal work: This was already present in Article 39(d) of the original Constitution.
❌ Option 3 – Right to work, education and public assistance: This was included in Article 41 of the original Constitution.
❌ Option 4 – Securing living wage and human conditions: This was part of Article 43 in the original Constitution itself.