Amendment of the Indian Constitution
“While we want this Constitution to be as solid and permanent as we can make it, there is no permanence in a Constitution.”
-Jawaharlal Nehru
The Constitution of a country is the fundamental law of the land. It has higher sanctity and more permanence than ordinary legislation. However, a democratic constitution has to be particularly responsive to the changing conditions. A government based on popular sovereignty cannot ignore the changing will of the people.
The power of the Indian Parliament to amend the Constitution is given in Article 368 in part XX of the Constitution. It provides that Parliament may alter any provision of this Constitution through addition, variation, or repeal in accordance with the process outlined in this article when exercising its constituent authority. However, this is subject to the ‘doctrine of basic structure’ introduced by the Supreme Court in the Kesavanand Bharti Case.
Nature of the Amendment Process
Constitutions are generally classified into ‘rigid’ and ‘flexible’ depending on how they can be amended.
- Constitutional theorist AV Dicey defines two types of Constitutions:
- The United Kingdom, with an unwritten Constitution, is the best example of a very flexible constitution, as there is no distinction between legislative power and constituent power. The Parliament can change the Constitution through an ordinary process.
- The United States, which has a written Constitution and a federal polity, is considered a rigid constitution. In a federal setup, it is crucial to involve the legislatures of the states.
- India has adopted a synthesis of both features, which means amending the Indian Constitution is neither easy nor difficult. In the words of KC Wheare, the Indian Constitution ‘strikes a good balance between flexibility and rigidity”.
Related FAQs of Amendment of the Indian Constitution
The Constitution can be amended in three ways: (1) By Simple Majority of Parliament, (2) By Special Majority of Parliament, and (3) By Special Majority plus ratification by half of the State Legislatures (for federal provisions).
Article 368 in Part XX of the Indian Constitution provides the procedure for the amendment of the Constitution. It empowers Parliament to add, vary or repeal provisions of the Constitution, subject to certain conditions.
States participate in the amendment process only for certain provisions affecting the federal structure. For these, approval from at least half of the state legislatures is required after the bill is passed by the Parliament.
No, the President cannot refuse or return a Constitutional Amendment Bill. As per the 24th Amendment Act (1971), it is mandatory for the President to give assent to such a bill once passed by Parliament and ratified if required.
The Supreme Court, in the Kesavananda Bharati Case (1973), ruled that while Parliament can amend the Constitution, it cannot alter or destroy its ‘Basic Structure’ — which includes essential features like federalism, democracy, etc.
