The Constitution of India (the supreme law of India) is the document that lays the foundation for the Indian government. It outlines the basic rights of all citizens, the directive principles and their duties, along with the structures, procedures and powers of each institution. The Indian Constitution, over the years has been amended to meet the changing needs of society. This article explores the history and significance of India’s constitutional amendments. It also provides examples.
Introduce yourself
Indian Constitution is an ever-evolving document which guides governance in the country. It was adopted by the Indian Parliament on the 26th of January 1950. In order for laws and constitutions to adapt as society changes, they must be able to do so. Article 368 in the Indian Constitution contains a provision that allows Parliament to amend any provisions to meet current challenges or developments.
Process of Amendment
The process for amending Indian Constitution is classified according to the kind of change required.
- Simple MajorityCertain amendments are approved with a simple majority. Article 368 doesn’t apply.
- Special MajorityMajor amendments are subject to a two-thirds majority, or more in each House of Parliament.
- The State and Special Majority RatificationIn addition to the majority required by Parliament, certain amendments that affect the federal structure must be ratified by the state legislatures.
The Constitution has undergone significant amendments
India’s constitution has been amended many times. Let’s look at some of the more significant amendments:
1. The First Amendment, 1951
It also put reasonable restrictions on freedom of speech. This amendment introduced Articles 31A & 31B, which protects agrarian changes. It added the Ninth Schedule for certain laws to be shielded from judicial scrutiny.
2. The 42nd Amendment (1996)
The “Mini-Constitution”, as it was called, brought in many significant changes. The Mini-Constitution attempted to decrease the power of the judiciary while increasing that of Parliament. The Preamble was amended to include the words “Socialist”, ‘Secular’, and Integrity. Also, it introduced duties fundamental to citizens as well as made modifications to the Directive Principles of State Policy.
3. The 44th Amendment (1998)
This amendment was a response to the 42nd Amendment. It sought to restore the power balance between Parliament and the Judiciary. This amendment restored checks to the power of the executive, particularly under proclamations of emergency. It ensured greater protection for the rights and freedoms citizens.
4. The 73rd Amendment and the 74th Amendments (1992)
The amendments played a crucial role in the strengthening of local self-governance through Panchayati Raj and Municipalities. The amendments granted constitutional status to the local governments and were aimed at a greater decentralization.
5. The 86th Amendement (2002)
The amendment established education as a right fundamental for all children aged 6-14. The amendment inserted Article 21A as well as made substantial changes to Directive Principles & Fundamental Duties in relation to education.
6. The 101st Amendment 2016
In India the Goods and Services Tax is being introduced. This tax will consolidate multiple indirect tax into one tax and encourage a united national market.
7. The 104th Amendment (2010)
The amendment extends the reserved seats in the Lok Sabha for Scheduled Castes, Scheduled Tribes and State Legislative Assemblies by another 10 years. It also ends the reservation for Anglo-Indians.
Exemples of State Amendments
States also have played an important role in amending Constitutions by ratifying changes that impact the federal structure.
1. Maharashtra & the 97th Amendment
The 97th Amendment, (2012) aims at promoting co-operative societies. Maharashtra has been a major influence in implementing this amendment.
2. Tamil Nadu & the 86th Amendment
Tamil Nadu, one of the first to adopt the right to educate following the passage of the 86th Amendment in India, set an example to other states when it comes to educational reforms.
Constitutional Amendments, Judicial Review
In protecting the Constitution, the judiciary is crucial. The Parliament can amend the Constitution but the judiciary must ensure that these changes do not go against the Constitution’s basic structure, which was outlined in the landmark Keshavananda Bharati Vs. State Of Kerala Case (1973)
Keshavananda Bharati Case
The landmark decision led to the creation of “the Basic Structure Doctrine” which ensures that certain constitutional elements cannot be changed or destroyed through amendments. The supremacy of Constitution, the rule of law and the rights and liberties of citizens are all included.
FAQs
The following are frequently asked Questions about Constitutional Amendments and India.
1. Article 368 is a legal document.
In Article 368 the Indian Constitution lays out the procedures for amendments to the Constitution. The article specifies conditions for different amendments, such as those that require a simple or special majority and state ratification.
2. What is special majority?
Special majority is a requirement of a two-thirds majority of members in each House of Parliament.
3. Can the preamble be modified?
Preambles can be changed. But, the amendments made must adhere to the Constitution’s “basic structure”. The 42nd Amendment (1996) changed the Preamble of the Constitution by adding “Socialist”, ‘Secular”, & “Integrity”.
4. What is the Ninth Schedule Schedule of events?
First Amendment created the Ninth Schedule in order to prevent judicial reviews of certain laws. It initially included land reforms, and laws relating to the abolishment of the Zamindari System, but over time, its scope expanded.
5. What is Basic Structure Doctrine (BSD)?
In 1973 the Supreme Court established the Basic Structure Doctrine. It states that Parliament can’t alter fundamental features or structure of the Constitution.
6. Why did the 42nd Amendment become known as the “Mini-Constitution?”
42nd Amendment: Known as “Mini-Constitution”, it was a major amendment to many parts of the Constitution that concentrated power more in the hands the parliament and diminished the judiciary.
7. What were the changes made by the 73rd Amendments and 74th Amendments to the Constitution?
The 73rd amendment and the 74th amendement were intended to enhance local autonomy. The 73rd Amendment granted constitutional status to Panchayati Raj and the following 74th Amendment strengthened urban local authorities, encouraging decentralization.
8. What is the impact of India’s 101st Amendment on its taxation system
101st Amendment: The Goods and Services Tax introduced by the 101st Amendment subsumed state and federal indirect taxes and created one tax.
9. What role does state ratification play in constitutional amendments
In addition to a special majority of Parliament, at least 50% of state legislatures must ratify any amendments that affect the federal structure. The approach is based on a collaborative federalism.
10. How do constitutional amendments affect judicial review?
The judicial review makes sure that the Constitutional structure is not altered by amendments. This principle can lead the Supreme Court to invalidate an amendment, acting in a way as a protector of the Constitution.
You can also read our conclusion.
Through its amendments provisions, the Constitution of India ensures it is a living document that can adapt to changing needs of society. The amendments are a reflection of the Indian democratic spirit, addressing diverse needs and preserving values.
