Cecily Zamora
The Indian Constitution is the most amended national constitution in the world, with 106 amendments since its enactment in 1950. Amendments are changes to the nation's fundamental law or supreme law, and in India, they are formulated as statutes. The process of amending the constitution is laid out in Article 368, which grants Parliament the power to amend the constitution by addition, variation, or repeal. The process of amending the constitution involves introducing a Bill in either House of Parliament, passing it with a majority, and then presenting it to the President for assent. The Indian Constitution spells out governmental powers in great detail, necessitating frequent amendments, with the constitution being amended roughly twice a year.
| Characteristics | Values |
|---|---|
| Number of Amendments | 106 since 1950 |
| Frequency of Amendments | Twice a year |
| Types of Amendments | 3 |
| First Type of Amendment | Passed by a "simple majority" in each house of the Parliament of India |
| Second Type of Amendment | Passed by a prescribed "special majority" of each house of Parliament |
| Third Type of Amendment | Passed by a "special majority" in each house of Parliament and ratified by at least half of the State Legislatures |
| Amendment Procedure | Laid down in Part XX (Article 368) of the Constitution of India |
| Amendment Initiation | Only by the introduction of a Bill in either House of Parliament |
| Amendment Bill Passage | Requires a majority of each House's total membership and a majority of at least two-thirds of members present and voting |
| Amendment Assent | Requires the President's assent |
| Amendment Exclusion | Amendments under the first category are excluded from Article 368 |
| Amendment Limitation | Developed during conflicts between the Supreme Court and Parliament |
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What You'll Learn
- The Indian Constitution is the most amended national constitution in the world
- The Constitution of India vests constituent power upon Parliament
- The Basic structure doctrine restricts Parliament's power to amend the constitution
- Amendments are formulated as statutes, e.g. Constitution (First Amendment) Act
- Article 368 outlines the procedure for amending the Constitution
The Indian Constitution is the most amended national constitution in the world
The Indian Constitution, enacted in 1950, is the most amended national constitution in the world. It is also the world's longest written national constitution for a sovereign nation. The constitution lays down the framework that demarcates fundamental political codes, structures, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
The constitution is amended roughly twice a year. There are three types of amendments to the Constitution of India. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in every house of Parliament and ratified by at least half of the State Legislatures.
The Constitution of India vests constituent power upon the Parliament, subject to the special procedure laid down therein. The framers of the Constitution adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States, with the theory of "parliamentary sovereignty" as existing in the United Kingdom. The Indian Constitution does not contain a provision to limit the powers of Parliament to amend the Constitution. However, the Supreme Court has ruled that certain features of the Constitution are integral to its functioning and existence and cannot be removed.
The procedure for amending the Constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution and checks the arbitrary power of Parliament. There have been conflicts between the Supreme Court and Parliament, with the former wanting to restrict the power to amend the Constitution and the latter wanting discretionary power. This has led to the creation of various doctrines and rules to check the validity and legality of amendments, the most famous being the Basic Structure Doctrine.
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The Constitution of India vests constituent power upon Parliament
The Constitution of India is the supreme legal document of India and the longest written national constitution in the world. It lays down the framework that demarcates the fundamental political code, structure, procedures, powers, and duties of government institutions. It also sets out fundamental rights, directive principles, and the duties of citizens. The Constitution of India is considered federal in nature and unitary in spirit. It has features of a federation, including a codified, supreme constitution, and a three-tier governmental structure (central, state, and local). The executive, legislative, and judicial branches of the government derive their powers from the Constitution and are bound by it.
The framers of the Constitution of India intentionally combined the "theory of fundamental law" from the United States Constitution with the "theory of parliamentary sovereignty" from the United Kingdom. They rejected traditional federalism, which would have entrusted constitutional amendments to a body other than the Legislature, and instead opted for a flexible and adaptable Constitution. This approach allows for a variety of amending processes, ensuring that the Constitution can evolve with the needs of the nation.
The process of amending the Constitution of India involves formulating each amendment as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second the "Constitution (Second Amendment) Act", and so on. Each amendment typically has the long title "An Act further to amend the Constitution of India". The Constitution provides for three categories of amendments, with varying requirements for passage. The first type of amendment must be passed by a simple majority in each house of Parliament, similar to the passage of ordinary laws. The second type of amendment requires a prescribed "special majority" in each house, while the third type must be passed by a special majority and ratified by at least half of the State Legislatures.
In conclusion, the Constitution of India vests constituent power upon Parliament, enabling it to amend the Constitution through a flexible and well-defined process. This power is balanced by the judiciary's authority to interpret the Constitution and ensure that any amendments align with its basic structure. The dynamic nature of the Indian Constitution reflects the framers' intention to create an adaptable document capable of evolving with the nation's needs.
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The Basic structure doctrine restricts Parliament's power to amend the constitution
The Indian Constitution grants Parliament the power to amend the Constitution under Article 368. However, the Basic Structure Doctrine restricts Parliament's power to amend the Constitution. This doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature.
The Basic Structure Doctrine was established in the case of Kesavananda Bharati v. State of Kerala in 1973, where the Supreme Court ruled by a 7-6 majority that while Parliament has the power to amend the Constitution, it cannot alter its basic structure. The Court adjudicated that while Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution. The Court's ruling came as a response to the aggressive constitutional amendments attempted by the government during that period, particularly the 24th and 25th Amendments, which sought to curtail judicial review and alter property rights.
The Basic Structure Doctrine acts as a constitutional safeguard, preventing Parliament from transforming its amending power into an absolute power that could erode or dismantle the Constitution's foundational principles. This doctrine ensures that while the Constitution is flexible, its essential characteristics cannot be compromised. By restricting Parliament's power to amend the Constitution in a manner that could destroy its basic structure, the doctrine protects the democratic framework and prevents the rise of authoritarianism.
The doctrine also forms the basis of the Supreme Court of India's power to review and strike down constitutional amendments and acts enacted by Parliament that conflict with or seek to alter the "basic structure" of the Constitution. The Supreme Court has acted as a brake to the legislative enthusiasm of Parliament ever since independence. The Court has held that Fundamental Rights are given a "transcendental position" and are beyond the reach of Parliament.
In conclusion, the Basic Structure Doctrine is a crucial aspect of India's constitutional law, ensuring that the core values and principles of the Constitution remain inviolable, even in the face of legislative changes. It protects the democratic framework and the fundamental rights of citizens by restricting Parliament's power to amend the Constitution.
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Amendments are formulated as statutes, e.g. Constitution (First Amendment) Act
The Constitution of India vests constituent power upon the Parliament, subject to the special procedure laid down therein. Amending the Constitution of India involves making changes to the nation's fundamental or supreme law. The procedure for doing so is laid out in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution and prevents the arbitrary exercise of power by the Parliament of India.
Every constitutional amendment in India is formulated as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second, the "Constitution (Second Amendment) Act", and so on. Each amendment usually has the long title "An Act further to amend the Constitution of India".
The original constitution provided for three categories of amendments. The first category of amendments includes those contemplated in articles 4 (2), 169, 239A (2), 239AA (7b), 243M (4b), 243ZC (3), 244A (4), 312(4), para 7(2) of Schedule V, and para 21(2) of Schedule VI. Amendments in this category can be passed by Parliament with a simple majority, the same as that required for the passing of ordinary laws. Importantly, these amendments are specifically excluded from Article 368, which deals with the power and procedure for amending the Constitution.
The second and third types of amendments are governed by Article 368. The second type of amendment must be passed by a prescribed "special majority" in each house of Parliament. The third type of amendment requires a "special majority" in each house and must be ratified by at least half of the State Legislatures.
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Article 368 outlines the procedure for amending the Constitution
The Indian Constitution is the most frequently amended national constitution in the world. It is amended roughly twice a year, and there have been 106 amendments since its enactment in 1950. The Constitution grants constituent power to the Parliament of India, allowing it to amend the Constitution through additions, variations, or repeals of its provisions. This power is outlined in Article 368, which details the procedure for amending the Constitution.
Article 368 grants Parliament the power to amend any provision of the Constitution, including fundamental rights. It allows amendments to be made both prospectively and retrospectively, enabling the validation of laws previously deemed invalid by the courts. The article specifies that an amendment process may be initiated by introducing a Bill in either House of Parliament. For an amendment to be passed, it must receive a majority of the total membership of that House and a majority of no less than two-thirds of the members present and voting. Once passed, the Bill is presented to the President for assent, and the Constitution is amended according to the terms of the Bill.
However, if an amendment seeks to modify specific articles or chapters of the Constitution, such as Articles 54, 55, 73, 162, or 241, it must be ratified by at least half of the State Legislatures before being presented to the President. This ratification process ensures that significant changes to the Constitution are approved by a broader representation of the country.
While Article 368 grants Parliament substantial power to amend the Constitution, there are limitations. The Basic Structure Doctrine, established by the judiciary, asserts that certain fundamental features of the Constitution should remain untouched. This doctrine ensures that Parliament's power to amend does not violate the core principles of the Constitution and protects the rights reserved for citizens.
The process outlined in Article 368 allows for the flexibility and adaptability of the Constitution, ensuring that it can evolve alongside the nation's growth and changing needs. However, critics argue that unrestricted parliamentary power over amendments can lead to potential abuses and a shift towards totalitarianism. This ongoing debate highlights the complexities of constitutional amendment procedures and the need to balance flexibility with safeguarding fundamental principles.
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Frequently asked questions
Amending the Constitution of India involves making changes to the nation's fundamental or supreme law. The procedure for doing so is outlined in Part XX (Article 368) of the Constitution, which includes the requirement for a majority vote in Parliament and the assent of the President.
There are three types of amendments. The first type requires a simple majority in each house of Parliament. The second type must be passed by a special majority in each house. The third type needs both a special majority in each house and ratification by at least half of the State Legislatures.
Yes, in principle, any provision of the Constitution can be amended. However, there are certain limitations and doctrines in place to check the validity and legality of amendments, such as the Basic Structure Doctrine established by the Supreme Court.
Parliament plays a crucial role in amending the Constitution. It has the constituent power to initiate and pass amendment bills, but its power is checked by the Supreme Court to maintain a balance of legislative power.
The Indian Constitution is the most amended national constitution in the world. Since its enactment in 1950, it has been amended over 100 times, resulting in an average of roughly two amendments per year.
