Polity & Governance

103rd Constitutional Amendment

The 103rd Constitutional Amendment to the Constitution of India was enacted in 2019, introducing a new reservation category for Economically Weaker Sections (EWS) outside the existing SC/ST/OBC quotas. It allows up to 10% reservation in government jobs and educational institutions for EWS individuals, primarily targeting poor upper-caste citizens. This amendment added Articles 15(6) and 16(6) , permitting these reservations in addition to the existing 50% cap. The Supreme Court upheld its constitutionality in 2022-23, ruling that the 50% limit is not rigid. This amendment broadened affirmative action beyond caste to include economic criteria.

Why in news?

The Supreme Court recently upheld the 103rd Amendment, confirming the legality of EWS quotas, which expanded India’s reservation policy beyond caste-based affirmative action to include economic disadvantage among upper castes.

41st Amendment of the Constitution (1976)

The 41st Amendment to the Constitution of India, enacted in 1976, raised the maximum age limit of members of State Public Service Commissions from 60 to 62 years. This amendment aimed to attract more meritorious and experienced civil servants to these commissions by allowing them to serve longer. It was part of broader constitutional reforms during the Emergency period, focusing on administrative efficiency. The amendment affected the tenure and appointment criteria of PSC members but did not specify minimum age or qualifications. It remains a key legal provision influencing the composition and functioning of State PSCs.

Why in news?

The amendment is referenced regarding proposed further changes to age limits and qualifications for State PSC members to improve recruitment processes.

Article 143 of Constitution of India

Article 143 empowers the President of India to seek the Supreme Court’s advisory opinion on questions of law or fact of public importance. The Court’s opinion is consultative, not binding. It was invoked 14 times in the recent case regarding the Governor’s role in assenting to state legislature Bills. This article is rarely used but crucial for clarifying constitutional ambiguities. Its origin lies in the Constitution’s Part V dealing with the Union government. The provision aims to prevent constitutional crises by providing authoritative judicial guidance on complex legal and constitutional questions referred by the President.

Why in news?

The Supreme Court recently gave an advisory opinion on 11 of 14 questions under Article 143 concerning the Governor’s discretionary powers in assenting to Bills passed by State legislatures.

Article 15(2) of Constitution of India

Article 15(2) prohibits discrimination by the state and private citizens in access to public spaces, expanding equality protections beyond state action. It addresses societal discrimination, particularly related to caste, by ensuring all citizens have equal access to public places. This provision is unique compared to Western constitutions, which typically restrict discrimination prohibitions to state actions only. It reflects the Constitution of India’s recognition of social realities where non-state actors wield power. Article 15(2) is a legal tool to combat social exclusion and segregation in public life, reinforcing constitutional commitments to social equality and dignity.

Why in news?

The 76th anniversary of the Constitution of India marks its innovative equality provisions, including Article 15(2), which protects citizens from caste-based discrimination in public spaces by both the state and private individuals.

Article 326 of the Constitution

Article 326 of the Constitution of India guarantees the right to vote in elections to the Lok Sabha and State Legislative Assemblies to every citizen of India who is 18 years or older. It mandates universal adult suffrage without discrimination based on race, religion, caste, or gender. This article forms the legal basis for electoral roll inclusion criteria. It works alongside Article 324, which vests the Election Commission with superintendence and control over elections. Article 326 is central to the legitimacy of the SIR process, ensuring that all eligible citizens are registered and can exercise their voting rights.

Why in news?

Article 326 is brought into light in the context of the SIR exercise to emphasize the constitutional right of eligible voters, reinforcing the legal framework for electoral roll revision and voter inclusion.

Article 33 of the Constitution of India

Article 33 allows the Indian Parliament to modify the application of fundamental rights to members of the armed forces, paramilitary forces, police, and intelligence agencies to ensure proper discharge ...