Amendment
1. What is a Constitutional Amendment?
Ø Definition: A formal change or modification in the text of the
Constitution.
Ø Importance: Reflects the dynamic nature of India’s Constitution,
allowing adaptation to changing social, economic, and political conditions.
Ø Legal Basis: Article 368 grants Parliament the power to amend.
Ø Limitation: Cannot violate the Basic Structure, as established
in Kesavananda Bharati vs. Kerala (1973).
2. Types of Constitutional Amendments
A) By Simple Majority of Parliament
Ø Requires >50% members present and voting.
Ø Applicable To: Provisions not affecting the federal structure or
fundamental rights.
Ø Examples:
1.
Article 2: Admission of new states.
2.
Fifth Schedule: Administration of Scheduled
Areas/Tribes.
3.
Citizenship provisions.
Election procedures for Parliament/State
Legislatures.
B) By Special Majority of Parliament
Ø Requires majority of total members of each House + 2/3 of members
present and voting.
Ø Applicable To: Most provisions, including fundamental rights and
directive principles.
Ø Examples
1.
Articles related to Fundamental Rights (e.g.,
Article 21).
2.
Directive Principles of State Policy (Part IV).
C) By Special Majority + State Ratification
Ø Requires special majority in Parliament + ratification by ≥50% of
state legislatures (simple majority).
Ø Applicable To: Provisions affecting the federal structure.
Ø Examples:
Ø
Election of President and its procedure.
Ø
Representation of states in Parliament.
Ø
Distribution of powers between Parliament and State
(Seventh Schedule).
Amendment of Article 368 itself.
3. Procedure to Amend the Constitution
1.
Introduction: Only in Parliament, either by a
Minister or Private Member; no prior presidential approval needed.
2.
Passage in Both Houses:
1.
Must pass each House separately.2.
Special majority required: majority of total
membership + 2/3 of members present and voting.
3.
State Ratification: If needed, ≥50% of
state legislatures approve by simple majority.
4.
Presidential Assent: Must be granted;
President cannot withhold or return the bill.
5.
Effect: Bill becomes a Constitutional
Amendment Act.
Note: No provision for joint sitting of
both Houses in case of disagreement.
4. Important Constitutional Amendments
|
Amendment |
Year |
Key Highlights |
|
1st |
1951 |
Protection of land reform laws via Ninth Schedule; |
|
24th |
1971 |
Incorporated right to property as a fundamental right. |
|
42nd |
1976 |
Called “Mini Constitution”; added words to Preamble |
|
44th |
1978 |
Restored rights curtailed by 42nd Amendment; right to |
|
52nd |
1985 |
Anti-defection law; added Tenth Schedule. |
|
61st |
1989 |
Voting age lowered from 21 to 18 years. |
|
69th |
1991 |
Delhi became National Capital Territory with Assembly |
|
73rd |
1992 |
Constitutional recognition of Panchayati Raj |
|
74th |
1992 |
Constitutional recognition of Urban Local Bodies; |
|
86th |
2002 |
Right to Education (RTE) until age 14; Early Childhood |
|
101st |
2016 |
Goods and Services Tax (GST) inserted; amendment to |
5. Limitations on Amending Power
Ø Basic Structure Doctrine: Parliament cannot alter fundamental
features like:
Ø
Supremacy of Constitution
Ø
Rule of law
Ø
Separation of powers
Ø
Judicial review
Ø
Federalism
Ø
Secularism
Ø Judicial Safeguards:
1.
Minerva Mills v. Union of India
(1980): Judicial review is part of Basic Structure.
2.
I.R. Coelho v. Tamil Nadu (2007): Laws in
Ninth Schedule can be reviewed if violating Basic Structure.
3.
NJAC Case (2015): 99th Amendment struck down;
independence of judiciary protected.
6. Criticisms of Amendment Procedure
1.
State Exclusion: States cannot initiate
amendments.
2.
Parliament-Centric: Majority of amendments can
be passed by Parliament alone.
3.
No Time Limit: State ratification has no
prescribed timeframe.
4.
No Joint Sitting: Deadlocks cannot be resolved
via joint sitting.
5.
Similarity to Ordinary Bills: Though it
requires special majority, procedure is similar to ordinary bills, risking
misuse.
6.
Potential for Overreach: Frequent misuse could
disturb the Constitution’s balance of power.
7. Significance
Ø Flexibility: Allows Constitution to adapt to social, economic, and
political changes.
Ø Rigidity: Protects federal structure and fundamental rights through
special procedures.
Ø Balance: Provides a balance between Parliament’s law-making power and
judicial safeguards for democracy.
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