Amendment of the Indian Constitution: Procedure, Types, Significance & Criticism Explained

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Meaning of the Amendment of the Constitution

• Constitutional Amendment refers to modifying or updating any provision of the Constitution through a defined process.

• This ensures the Constitution remains adaptable while maintaining its core values.

Provisions of Amendment of the Indian Constitution

• Article 368 in Part XX of the Constitution defines the amendment process.

• The Constitution can be changed through:

  • Adding, changing, or removing provisions.

  • Keeping the Constitution responsive to evolving needs.

Procedure for Amendment of the Indian Constitution

1. Introduction of Amendment Bill:

   • Introduced in either house of Parliament (not State Legislatures).

   • Can be proposed by a minister or private member.

   • No need for President’s permission to introduce.

2. Passing the Bill:

   • Requires a Special Majority in both houses:

     • 50% of total membership + 2/3rd majority of members present and voting.

3. Ratification by States (if federal provisions are involved):

   • If changes affect federal structure, half of the State Legislatures must ratify with a simple majority.

4. President’s Assent:

   • The President must give assent to the bill.

   • Once approved, the bill becomes a Constitutional Amendment Act.

Types of Constitutional Amendments

1. By Simple Majority of Parliament:

   • 50% of members present and voting can amend provisions such as:

     • Establishment of new states.

     • Formation or alteration of boundaries.

2. By Special Majority of Parliament:

   • Most provisions amended by this method, including:

     • Fundamental Rights and Directive Principles.

     • Provisions that do not fall under simple majority or state consent.

3. By Special Majority of Parliament and State Consent:

   • Required for amendments impacting federal structure, such as:

     • President’s election or changes in the executive powers of the Union and States.

Basic Structure Doctrine

• Basic Structure refers to the core principles that cannot be altered or destroyed.

• Kesavananda Bharati Case (1973): The Supreme Court ruled that even Parliament cannot amend the Constitution in a way that violates its basic structure.

• Ensures that the essential spirit of the Constitution remains intact.

Significance of Constitutional Amendments

1. Adaptability in Governance:

   • Enables the Constitution to evolve with changing political, social, and economic needs.

2. New Rights and Reforms:

   • Facilitates recognition and protection of new rights (e.g., Right to Privacy).

   • Supports social reforms by addressing outdated practices.

3. Addressing Emerging Issues:

   • Helps address new challenges like vigilantism or emerging societal demands.

Criticism of the Amendment Procedure

• Lack of Special Amendment Body:

  • The absence of a Constitutional Convention or special body to handle amendments.

  • Parliament alone holds the power to initiate amendments.

• State Consent Limitation:

  • States only have limited power in the amendment process (only in cases affecting the federal structure).

• No Joint Sitting:

  • No provision for a joint sitting of both Houses in case of disagreement, leading to possible deadlock.