Constitutional Amendments in India – UGC-NTA NET Political Science

The Constitution of India is a living document that evolves with the changing needs of society. Constitutional amendments are vital for adapting the framework of governance. They ensure that the Constitution remains relevant and responsive to contemporary challenges.

Introduction to Constitutional Amendments

Constitutional amendments refer to changes or additions made to the Constitution of India. They are essential for reflecting the evolving nature of the Constitution. Amendments allow the legal framework to adapt to the changing socio-political landscape.

Article Governing Amendments

Article 368 of the Constitution outlines the procedure for amending it. The amendment process is classified into three types:

1. Simple Majority: This requires a simple majority in both Houses of Parliament. An example includes changing the name of a state.
2. Special Majority: This involves a majority of the total membership and a majority of those present and voting. An example is amendments related to fundamental rights.
3. Ratification by States: Certain amendments must be ratified by at least half of the state legislatures. This applies to amendments affecting the federal structure.

Categories of Amendments

Constitutional amendments can be broadly categorised based on their focus:

• Fundamental Rights: These amendments affect Part III of the Constitution, which outlines individual rights.
• Federal Structure: These amendments influence the distribution of powers between the Centre and the States.
• Representation: These amendments impact the representation of states in Parliament.

Significant Constitutional Amendments

Several amendments have shaped Indian governance:

1. 1st Amendment (1951): This amendment added restrictions on the right to property and introduced grounds for limiting fundamental rights.
2. 42nd Amendment (1976): Known as the “Mini-Constitution,” it made substantial changes, including adding “Socialist” and “Secular” to the Preamble.
3. 44th Amendment (1978): This restored certain rights curtailed by the 42nd Amendment, emphasising the importance of fundamental rights.
4. 73rd and 74th Amendments (1992): These provided constitutional status to Panchayati Raj institutions and urban local bodies.
5. 86th Amendment (2002): This amendment made education a fundamental right for children aged 6 to 14 years.

Amendment Process

The process of amending the Constitution involves several steps:

• Initiation: An amendment can be initiated by either House of Parliament.
• Debate and Voting: The amendment must be passed by the required majority based on its type.
• Presidential Assent: After passing in Parliament, the amendment requires the President’s assent to become law.

Judicial Review of Amendments

The Supreme Court plays important role in reviewing amendments under the basic structure doctrine. This doctrine asserts that Parliament cannot alter the fundamental framework of the Constitution.

Landmark Cases

Two landmark cases illustrate the application of this doctrine:

• Kesavananda Bharati Case (1973): This case established the basic structure doctrine, limiting Parliament’s power to amend the Constitution.
• Minerva Mills Case (1980): This case reinforced the basic structure doctrine, emphasising the balance between fundamental rights and directive principles.

Current Status and Trends

As of October 2023, there have been a total of 105 amendments to the Constitution. Recent amendments have implications for governance and individual rights. There are ongoing debates regarding the need for further amendments to address contemporary issues, such as digital privacy and environmental protection.