The Indian Constitution is not a rigid document but a living framework designed to adapt to changing social, political, and economic needs. To ensure this adaptability, the Constitution provides a well-defined mechanism for amendments. This process allows reforms while protecting the core values of democracy, federalism, and fundamental rights, making constitutional amendments a crucial pillar of Indian governance.
What Is a Constitutional Amendment?
A Constitutional Amendment refers to the process of making changes to the supreme law of the land. Unlike ordinary laws, amendments modify constitutional provisions and therefore require special procedures. The amendment mechanism of India is unique—it is neither as flexible as the British Constitution nor as rigid as the US Constitution, but a balanced blend of both, ensuring stability along with adaptability.
Article 368: Power of Parliament to Amend
Under Article 368, Parliament of India is empowered to amend the Constitution. However, this power is not absolute. In the landmark Kesavananda Bharati v. State of Kerala, the Supreme Court ruled that Parliament cannot amend provisions that form the Basic Structure of the Constitution. Thus, Article 368 itself is subject to judicial review.
Ways to Amend the Indian Constitution
- The Constitution can be amended in three different ways, depending on the nature of the provision involved.
- Certain provisions can be amended by a simple majority of Parliament, meaning more than 50% of members present and voting. These are treated like ordinary laws and include matters such as admission of new states (Article 2), citizenship provisions, and elections to Parliament and State Legislatures.
- Most constitutional provisions are amended under Article 368 by a special majority, which requires a majority of the total membership of each House and a two-thirds majority of members present and voting. This applies to Fundamental Rights, Directive Principles of State Policy, and most other parts of the Constitution.
- Provisions affecting the federal structure require a special majority of Parliament plus ratification by at least half of the State Legislatures. These include matters like the election of the President, Seventh Schedule, representation of states in Parliament, and Article 368 itself.
Procedure for Amending the Constitution
- The amendment process begins with the introduction of a Constitution Amendment Bill in either House of Parliament.
- The bill can be introduced by a minister or a private member and does not require prior presidential permission.
- Each House must pass the bill separately with the required special majority. There is no provision for a joint sitting in case of disagreement.
- If the amendment affects federal provisions, it must be ratified by half of the states through a simple majority.
- After parliamentary approval, the bill is sent to the President, who is constitutionally bound to give assent. Once assented, the bill becomes a Constitution Amendment Act.
Major Constitutional Amendments in India
India has witnessed several landmark amendments that reshaped governance.
- The 1st Constitutional Amendment Act, 1951 enabled the state to promote social justice and added the Ninth Schedule to protect land reform laws from judicial review.
- The 42nd Constitutional Amendment Act, 1976, often called the “Mini Constitution”, introduced sweeping changes. It added the words socialist, secular, and integrity to the Preamble, introduced Fundamental Duties, curtailed judicial review, and strengthened the Centre.
- The 44th Constitutional Amendment Act, 1978 restored democratic safeguards by reversing many provisions of the 42nd Amendment. It restored the five-year term of legislatures, protected Articles 20 and 21 during emergencies, and made the Right to Property a legal right.
- The 52nd Amendment Act, 1985 introduced the Anti-Defection Law through the Tenth Schedule.
- The 61st Amendment Act, 1989 reduced the voting age from 21 to 18.
- The 73rd and 74th Amendments (1992) gave constitutional status to Panchayati Raj Institutions and Urban Local Bodies.
- The 86th Amendment Act, 2002 made Right to Education (Article 21A) a Fundamental Right.
Limitations on Parliament’s Amending Power
- The biggest limitation on Parliament’s power comes from the Basic Structure doctrine, evolved by the judiciary.
- According to this doctrine, features such as supremacy of the Constitution, rule of law, judicial review, federalism, secularism, and independence of the judiciary cannot be altered.
- Key judgments reinforcing this principle include Minerva Mills v. Union of India, which upheld judicial review as part of the basic structure, L. Chandra Kumar v. Union of India, and I. R. Coelho v. State of Tamil Nadu.
- The 99th Constitutional Amendment (NJAC) was also struck down for violating judicial independence.
Criticism of the Amendment Procedure
- The amendment process has been criticised for giving states no power to initiate amendments, allowing Parliament to amend major portions of the Constitution on its own, and lacking a time limit for state ratification.
- The absence of a joint sitting provision and similarity to ordinary legislative procedures has also drawn criticism. Despite this, the process is widely regarded as balanced and functional.
Significance of Constitutional Amendments
- Constitutional amendments ensure that the Constitution remains dynamic and responsive while safeguarding its core philosophy.
- They allow India to reform institutions, expand rights, and adapt governance structures without compromising democratic values.
Question
Q. Which Article of the Indian Constitution deals with the amendment procedure?
A. Article 352
B. Article 356
C. Article 368
D. Article 370