Table of Contents
Introduction: Amendment of the Constitution
The Constitution of India, adopted in 1950, is a living document that outlines the framework for the political principles, procedures, powers, and duties of the government institutions and sets out the fundamental rights, directive principles, and duties of citizens. As the cornerstone of Indian democracy, it requires flexibility to adapt to changing social, economic, and political circumstances. This flexibility is provided through the process of constitutional amendments, as specified in Article 368 of the Indian Constitution.
Key Points of Article 368
Article 368 of the Indian Constitution details the powers of the Parliament to amend the Constitution and the procedure for doing so. Here’s a breakdown of the significant aspects:
1. Parliament’s Power to Amend
- Constituent Power: Parliament holds the “constituent power,” meaning it can amend any provision of the Constitution through addition, variation, or repeal, notwithstanding anything in the Constitution itself. This power allows for the Constitution to be dynamic and responsive to new challenges and needs.
2. Initiating an Amendment
- Bill Introduction: An amendment can only be initiated by introducing a Bill in either House of Parliament (Lok Sabha or Rajya Sabha).
- Majority Requirement: To pass the Bill, it must be approved by a majority of the total membership of each House and by a two-thirds majority of the members present and voting. This high threshold ensures that amendments are carefully considered and have broad support.
3. Special Conditions for Certain Amendments
Certain critical amendments that impact the federal structure or fundamental aspects of the Constitution require additional approval:
- Ratification by States: Amendments affecting specific articles (e.g., articles 54, 55, 73), chapters, lists in the Seventh Schedule, representation of States in Parliament, or the amending power itself must also be ratified by the legislatures of at least half of the States before being presented to the President for assent. This condition safeguards the interests of the States and maintains the federal balance.
4. Role of the President
- Assent Required: Once the amendment Bill is passed by both Houses, it is presented to the President of India for assent. The President is constitutionally obliged to give assent to the Bill, upon which the Constitution stands amended as per the terms of the Bill.
5. Exclusion from Judicial Review
- Protection from Judicial Scrutiny: Amendments made under Article 368, including those impacting the fundamental rights in Part III, cannot be challenged in court on any grounds. This provision ensures the supremacy of the Parliament’s constituent power in amending the Constitution.
6. No Limitation on Parliament’s Power
- Unlimited Power to Amend: There is a clear declaration that there are no limitations on the Parliament’s power to amend the Constitution by way of addition, variation, or repeal under Article 368. This underlines the sovereignty of the Parliament in constitutional matters.
Historical Context and Key Amendments
The process of amending the Constitution has been used extensively since its inception to address various needs and challenges:
- First Amendment (1951): Addressed issues related to land reform and added provisions for the protection of backward classes.
- Forty-second Amendment (1976): Known as the “mini-Constitution,” it made extensive changes to the Constitution, including the curtailing of judicial review powers and the enhancement of the powers of the central government.
- Eighty-sixth Amendment (2002): Made education a fundamental right for children aged 6 to 14 years.
- One Hundred and First Amendment (2016): Introduced the Goods and Services Tax (GST), a significant economic reform aimed at creating a unified national market.
Importance of Amendments
Amendments are vital for the Constitution to remain relevant and effective. They allow for:
- Addressing New Challenges: As society evolves, new issues emerge that require legislative attention. Amendments enable the Constitution to provide solutions to contemporary problems.
- Reflecting Social Changes: Changes in social norms and values may necessitate constitutional changes to uphold rights and justice.
- Maintaining Flexibility: A rigid constitution can be an impediment to progress. The ability to amend ensures that the Constitution is not a static document but a living entity that grows with the nation.
Conclusion
Article 368 empowers the Indian Parliament with the authority to amend the Constitution, ensuring it can evolve and adapt over time. This flexibility is essential for the Constitution to remain a true reflection of the will of the people and the needs of the country. Through careful deliberation and broad consensus, amendments allow the Constitution to maintain its relevance and effectiveness as the supreme law of the land.