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Q.Since
the
India’s
independence
Indian
constitution has seen more than hundred
constitutional amendments. Discuss the need and
impact of constitutional amendments on Indian
polity. What was the role of judiciary in making
Indian constitution adapt to changing socioeconomic and political condition of India.
Answer Article
Amendment of Constitution
the
Amending the Constitution of India is
process
of
making
changes
to
the
in
the
India.
This
nation's fundamental law or supreme law.
The
procedure
368)
of
of
amendment
constitution is laid down in Part XX (Article
the
procedure
Constitution
ensures
the
of
sanctity
of
the
Constitution of India and keeps a check on
arbitrary power of the Parliament of India.
However, there is another limitation
imposed
on
the
amending
power
of
the
constitution of India, which developed during
conflicts between the Supreme Court and
Parliament,
where
Parliament
wants
to
exercise discretionary use of power to amend
the constitution while the Supreme Court
wants to restrict that power. This has led to
the laying down of various doctrines or rules
in regard to checking the validity/legality of
an
amendment,
the
most
famous
among
them is the Basic structure doctrine as laid
Important Points For Preliminary
 Part XX (Article 368)
 Basic structure doctrine
 Kesavananda Bharati v. State of
Kerala.
 101 (latest by GST Bill)
amendments
 Article 368
 article 54, article 55, article 73,
article 162 or article 241
 article 13
 Constitution
(Forty-second
Amendment) Act, 1976
 Provisions relating to the
citizenship of India under Article
11,
 Shankari Prasad v. Union of
India, AIR 1951 SC 458.
 Sajjan Singh v. State of
Rajasthan, AIR 1965 SC 845.
 Golak Nath v. State of Punjab,
AIR 1967 SC 1643.
 Indira Nehru Gandhi v. Raj
Narain, AIR 1975 SC 2299.
 Minerva Mills Ltd. v. Union of
India, AIR 1980 SC 1789.
 Shankari Prasad v. Union of
India, AIR 1951 SC 458 (5-judges
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down by the Supreme Court in the case of Kesavananda Bharati v. State of
Kerala.
As
of
September
2016,
there
have
been
101
(latest
by
GST
amendments to the Constitution of India since it was first enacted in 1950
Bill)
Constitution of a State deals with:
1.
2.
3.
4.
5.
6.
The structure, composition, powers, functions of legislature, executive and judiciary;
Their mutual relationships.
The relationship of these institutions with the citizens of the state;
The rights and liabilities of the citizens;
Other important high level institutions in the state (such as Election Commission);
AMENDMENT OF THE CONSTITUTION ITSELF.
Need to amend a Constitution…
a) The object of an amending clause in a Constitution is to ensure that the Constitution is
preserved.
b) A state cannot be static. It is dynamic and it changes with the passage of time.
c) The political, social and economic conditions in a state keep changing with time.
d) Scientific and technological advancements change the life of a state.
e) The social values and ideals also change with time giving rise to new problems and new
opportunities.
f) The principles or philosophies, on which the Constitution drafted by one generation is based,
may become obsolete for the next generation and may be shunned.
g) Constitution adopted by one generation in a particular political context and value system,
may be found to be inadequate or even perverse by a future generation in another political
context and value system.
h) A future generation may therefore need to change the provisions of the Constitution in a
proper and peaceful manner to make it suitable to its requirements. It is the amending
clause in a Constitution which fulfils this requirement.
i) A properly drafted amending clause enables the future generations to adapt the
Constitution in accordance with the contemporary needs and philosophy of a state in a
peaceful manner.
j) In the absence of a suitable amending clause in a Constitution, the only alternatives left
open for the future generations would be to either resort to a revolution to change or even
overthrow the unamendable Constitution or to stagnate with such unamendable
Constitution. Both these situations are not desirable.
k) The amending clause in a Constitution, which can help in avoiding both these situations, is
thus of great significance.
l) A Constitution binds only that generation which made it. In fact, this statement is also only
half true, as there may be occasions, when a Constitution may be required to be suitably
amended even during the lifetime of the generation which has drafted it.
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m) The posterity may either maintain the original Constitution by acquiescence or may amend
the same so as to suit the changed needs of its own generation.
n) Any Constitution, howsoever perfect it may be, is only an experiment and needs to be
perfected from time to time in accordance with the changing requirements of the
subsequent generations or may be of the same generation itself.
o) Rousseau says, “There is no fundamental law that cannot be revoked, not excluding the
social compact itself…”.
Article 368 – existing (present) provision…
368. Power of Parliament to amend the Constitution and procedure therefor.(1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent
power amend by way of addition, variation or repeal any provision of this Constitution in accordance
with the procedure laid down in this article.
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the
purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the
total membership of that House and by a majority of not less than two-thirds of the members of that
House present and voting, it shall be presented to the President who shall give his assent to the Bill
and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:
Provided that if such amendment seeks to make any change in –
(a) article 54, article 55, article 73, article 162 or article 241, or
(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or
(c) any of the Lists in the Seventh Schedule, or
(d) the representation of States in Parliament, or
(e) the provisions of this article,
the amendment shall also require to be ratified by the Legislatures of not less than one-half of the
States by resolutions to that effect passed by those Legislatures before the Bill making provision for
such amendment is presented to the President for assent.
(3) Nothing in article 13 shall apply to any amendment made under this article.
(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to
have been made under this article whether before or after the commencement of section 55 of the
Constitution (Forty-second Amendment) Act, 1976 shall be called in question in any court on any
ground.
(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the
constituent power of Parliament to amend by way of addition, variation or repeal the provisions of
this Constitution under this article.
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Steps involved in Amendment
1. Introduction of an Amendment Bill in Parliament
2. The Bill is to be passed in each House by a majority of the total membership of that House
and by a majority of not less than two-thirds of the members of that House present and
voting.
3. Thereafter, the bill has to be assented to by the President
4. In case of matters covered in the Proviso, the Bill is also required to be ratified by the
Legislatures of not less than one-half of the States.
Methods of amendment of the Constitution of India
(1) Amendment by simple majority (24 such provisions): Examples:
a) Admission of a new state or establishing of a new state under Article 2, along with
consequential amendments of the First Schedule (which defines the states and their
territories).
b) Formation of a new state or alteration of the area, boundaries or name of any state under
Article 3, along with consequential amendments of the First Schedule.
c) Provisions relating to the citizenship of India under Article 11, in spite of the specific
provisions of articles 5 to 10 which may be negated by such an action under Article 11.
d) Emoluments, allowances and privileges of the President under Article 59(3), along with
consequential changes in the Second Schedule.
[Note: Such amendments are not under Article 368 of Constitution.]
(2) Amendment by two-thirds majority in Parliament followed by ratification by state legislatures:
a) Election of the President of India and the manner of the said election, as detailed in articles
54 and 55.
b) Extent of the executive power of the Union, as detailed in Article 73.
c) Extent of the executive power of a state, as detailed in Article 162.
d) Provisions relating to High Courts for Union Territories, as detailed in Article 241.
e) Provisions relating to the Union Judiciary, i.e., the Supreme Court, as detailed in Chapter IV
of Part V of the Constitution.
f) Provisions relating to the High Courts in the states, as detailed in Chapter V of Part VI of the
Constitution.
g) Distribution of legislative powers between the Union and the states, as detailed in Chapter I
of Part XI of the Constitution.
h) The three lists in the Seventh Schedule, i.e., the Union List, the State List and the Concurrent
List, enumerating details of the matters in which the Union only, the states only and both
the Union and states respectively have the powers to make laws.
i) The representation of states in Parliament (e.g., articles such as 80, 81 and 82 and the
Fourth Schedule).
j) The amending clause itself, i.e., Article 368.
(3) Amendment by two-thirds majority in Parliament.
Amendment of all other provisions of the Constitution, other than those discussed above, are
covered under this method.
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Amending clause – scope and extent of
power to amend – Main cases
a)
b)
c)
d)
e)
f)
g)
Shankari Prasad v. Union of India, AIR 1951 SC 458.
Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845.
Golak Nath v. State of Punjab, AIR 1967 SC 1643.
Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.
Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299.
Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789.
Shankari Prasad v. Union of India, AIR 1951 SC 458 (5-judges)
Latest Amendments
97th
Added the words "or co-operative societies" after the word
Amendment
"or unions" in Article 19(l)(c) and insertion of article 43B
i.e., Promotion of Co-operative Societies and added PartIXB i.e., The Co-operative Societies.
Amend Art 19
and added Part
IXB.
12 January
2012
The amendment objective is to encourage economic
activities of cooperatives which in turn help progress of
rural India. It is expected to not only ensure autonomous
and democratic functioning of cooperatives, but also the
accountability of the management to the members and
other stakeholders.[101]
98th
Amendment
To insert Article
371J in the
Constitution
99th
Amendment
Amendment
To empower the Governor of Karnataka to take steps to
2013
develop the Hyderabad-Karnataka Region.
Insertion of new
The amendment provides for the formation of a National
articles 124A,
Judicial Appointments Commission. 16 State assemblies
124B and 124C.
out of 29 States
Amendments to
100th
2 January
13 April 2015
including Goa, Rajasthan, Tripura, Gujarat andTelangana
Articles 127,
ratified the Central Legislation, enabling the President of
128, 217, 222,
India to give assent to the bill. The amendment was struck
224A, 231.
down by the Supreme Court on 16 October 2015.
Amendment of
Exchange of certain enclave
First Schedule to
Constitution
1 August 2015
territories with Bangladesh and conferment of citizenship
rights to residents of enclaves consequent to signing of
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Land Boundary Agreement (LBA) Treaty
between India and Bangladesh.
101th
Amendment
Amendment of
article
248,249,250,268
,269,270,271,28
6,366,368,sixth
schedule,sevent
h schedule.
Deletion of
Article 268A,n
8 September
2016
Goods and Services Tax Bill