The Constitution of India is a dynamic document, designed to evolve with the changing needs of society. To enable this, it provides a mechanism for its own amendment. The process is governed by Article 368, which outlines the procedures, limitations, and scope of constitutional amendments. Through this mechanism, the Constitution maintains a fine balance between rigidity and flexibility.
Meaning of Amendment
An amendment refers to the formal change or addition proposed and made to the Constitution. It can include:
- Addition of new provisions
- Deletion of existing provisions
- Modification of existing provisions
Amendments ensure the Constitution adapts to socio-economic changes, judicial interpretations, and political necessities without losing its foundational identity.
Constitutional Provision: Article 368
Article 368 of the Indian Constitution provides for two types of amendments:
- By Special Majority of Parliament
- By Special Majority of Parliament with Ratification by Half of the State Legislatures
Note: Some provisions can also be amended by a simple majority, though technically they are not amendments under Article 368 (e.g., changes in names of states, number of judges in High Courts).
Types of Amendments
- Amendment by Simple Majority
- Outside the scope of Article 368
- Used for:
- Formation of new states
- Changes in the names of states
- Salaries of MPs, Judges, etc.
- Amendment by Special Majority
- Requires:
- A majority of the total membership of each House
- A two-thirds majority of the members present and voting
- Requires:
- Amendment by Special Majority + State Ratification
- Involves ratification by not less than half of the state legislatures
- Required when the amendment affects:
- Federal structure
- Election of President
- Representation of states in Parliament
- Powers of the Union and States
Landmark Amendments
- 1st Amendment, 1951 – Curbed freedom of speech and added Ninth Schedule
- 42nd Amendment, 1976 – Known as the Mini-Constitution, it expanded central power
- 44th Amendment, 1978 – Reversed many provisions of the 42nd Amendment
- 73rd and 74th Amendments, 1992 – Gave constitutional status to Panchayati Raj and Municipalities
- 86th Amendment, 2002 – Made education a fundamental right under Article 21A
- 103rd Amendment, 2019 – Introduced 10% reservation for EWS category
Landmark Judgments
1. Golaknath v. State of Punjab (1967)
Held that Parliament could not amend Fundamental Rights. Overruled later.
2. Kesavananda Bharati v. State of Kerala (1973)
Established the Basic Structure Doctrine:
Parliament can amend the Constitution, but cannot alter its basic structure.
3. Indira Nehru Gandhi v. Raj Narain (1975)
Struck down a constitutional amendment that eliminated judicial review of election disputes.
4. Minerva Mills v. Union of India (1980)
Reinforced the balance between Fundamental Rights and Directive Principles as part of the basic structure.
Basic Structure Doctrine
The Basic Structure includes:
- Supremacy of the Constitution
- Rule of law
- Judicial review
- Federalism
- Secularism
- Free and fair elections
- Separation of powers
- Parliamentary form of government
Any amendment that damages or destroys these elements is unconstitutional, even if passed by the prescribed majority.
Comparative Analysis
- USA – Highly rigid; requires ratification by three-fourths of the states
- UK – No written constitution; any law can be amended like a normal law
- India – A blend of rigidity and flexibility
Contemporary Relevance
- The Basic Structure Doctrine continues to be a safeguard against misuse of legislative powers.
- With increasing demands for reservation, autonomy, and reforms, the amendment procedure remains crucial.
- Recent debates on Uniform Civil Code, One Nation One Election, and reservation policies highlight the dynamic nature of constitutional amendments.
Conclusion
The amendment process is vital to maintaining the Constitution’s relevance in a changing society. While it allows adaptation, the Basic Structure Doctrine ensures that the soul of the Constitution remains intact. This delicate balance between change and continuity is the cornerstone of India’s constitutional democracy.
