AMENDMENT OF THE CONSTITUTION OF INDIA
Polity
The Constitution of India is a living, dynamic document designed to evolve with changing social, political, and economic needs. The provision for amendment ensures flexibility and adaptability without compromising the core values of the Constitution.
CONSTITUTIONAL PROVISIONS
- The amendment procedure is neither as easy as in Britain (unwritten) nor as rigid as in the USA.
- The Indian Constitution is partly rigid and partly flexible.
- Article 368 (Part XX) deals with Parliament’s power to amend the Constitution.
- Procedure inspired from the South African Constitution.
- Only Parliament has the power to amend the Constitution.
- Amendments cannot violate the Basic Structure as laid down in Kesavananda Bharati (1973).
- No provision for Joint Sitting (Article 108) if the two Houses disagree.
- No prior permission of the President is required to introduce an amendment bill.
- After presidential assent, the Constitution stands amended.
MIND OF THE CONSTITUTION MAKERS
- Aim: Balance rigidity & flexibility.
- Constitution placed above ordinary law to ensure respect.
- The document is sacred but not static; must change with time.
- Too rigid: becomes outdated. Too flexible: easily manipulated.
- Hence, a middle path—partly rigid, partly flexible.
PROCEDURE FOR AMENDMENT (ARTICLE 368)
1. A bill may be introduced in either House of Parliament.
2. Can be introduced by a Minister or private member.
3. No prior permission of the President required.
4. Must be passed by:
- Special majority:
• Majority of total membership
• AND 2/3rd of members present & voting
5. Both Houses must pass it separately. No joint sitting allowed.
6. If the bill affects federal provisions, it must also be ratified by at least half of State legislatures by simple majority.
7. After approval, bill is sent to President.
8. President must give assent; cannot return the bill.
9. After assent, it becomes a constitutional amendment act.
TYPES OF AMENDMENTS
1. By Simple Majority (Outside Article 368)
- Like ordinary legislation.
- Used for:
• Admission/create new states
• Alteration of state boundaries
• Abolition/creation of Legislative Councils (Art.169)
• Second Schedule (salaries of constitutional authorities)
• Quorum in Parliament
• Rules of procedure
• Privileges of Parliament
• English language in Parliament
• Number of Supreme Court judges
• Citizenship matters
• Elections & delimitation
• Union Territories
• Fifth & Sixth Schedules
2. By Special Majority (Article 368)
- Applies to:
• Fundamental Rights
• Directive Principles
• All other provisions not needing State ratification
3. By Special Majority + Ratification by Half of States
- Required for federal matters:
• Election & manner of President
• Executive powers of Union & States
• Supreme Court & High Courts
• Distribution of legislative powers (Seventh Schedule)
• Any list in Seventh Schedule
• Representation of States in Parliament
• GST Council provisions
• Article 368 itself
WHY AMENDING THE CONSTITUTION IS NECESSARY?
- To remain relevant with contemporary changes.
- To address new social, economic, and political challenges.
- To synchronize governance with emerging needs.
- To handle unforeseen situations (e.g., CAA 2019, 100th CAA—Bangladesh enclave exchange).
- To ensure justice—social, economic, political—as in the Preamble.
- To build an inclusive, equitable society.
- To maintain constitutional flexibility and adaptability.
CRITICISM OF AMENDMENT PROCEDURE
- No special constitutional convention like the USA.
- Constituent power rests mostly in Parliament, not States.
- States cannot initiate amendments except in Legislative Council matters.
- Only half of States’ approval needed (USA requires 3/4th).
- No time limit for States to approve or reject amendments.
- Constitution silent about withdrawal of approval once given.
- No joint sitting provided if Houses disagree.
- Provisions are sketchy—leading to frequent judicial involvement.
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Subject: Polity
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