Amendment of the Indian Constitution: A Comprehensive Guide

The Amendment of Indian Constitution provides a framework for governance through its guiding principles and laws. However, being a living document, it requires amendments to stay relevant with changing times. The Amendment of the Indian Constitution is one of the most intriguing parts of the Constitution. Since its adoption in 1950, the Constitution has seen over 100 amendments that have carried significance by strengthening citizen rights, bolstering national growth, and reflecting socio-economic goals.

Some landmark amendments of the Indian Constitution include the 24th amendment, which lowered the voting age to 18, enabling greater public participation. The 42nd Amendment enshrined Fundamental Duties, emphasizing collective nation-building duties of citizens, and the 73rd and 74th Amendments decentralized powers to local rural and urban self-governing bodies by establishing Panchayati Raj.

Such timely amendments underscore the Constitution’s flexible nature to meet the needs of a progressive democracy. The evolution of this living document through amendments has reinforced India’s Constitutional framework while upholding its core values. Let us discuss the significant amendments of the Indian Constitution in detail in this article.

Here’s a rewritten version of who has the power to amend the Indian Constitution, free of plagiarism:

Who has the Power to Amend the Constitution?

The power to amend the Indian Constitution rests with the Parliament, as outlined in Article 368. This article defines the procedure for proposing and enacting amendments.

However, a landmark Supreme Court judgement in the 1973 Kesavananda Bharati case established a crucial limitation. The Court ruled that Parliament’s power to amend isn’t absolute. It cannot alter provisions considered the “basic structure” of the Constitution.

Basic Structure of the Constitution

• The Basic Structure of the Indian Constitution refers to key principles that are so important they cannot be changed or removed by Parliament, even through amendments. This idea wasn’t originally written in the Constitution but was introduced by the Supreme Court in the famous Kesavananda Bharati case in 1973.
• The Doctrine of Basic Structure acts as a safeguard, ensuring that Parliament cannot alter the fundamental values and core framework of the Constitution, keeping its true spirit and purpose intact.

Amendment to the Indian Constitution – Procedure

The process to amend the Indian Constitution, according to Article 368, is as follows:

• A bill to change the Constitution can only be introduced in either house of Parliament, not in State Legislatures.
• The bill can be introduced by a minister or any other member of Parliament and does not need the President’s permission before being introduced.
• To pass the bill, each House must approve it by a Special Majority. This means more than 50% of the total members in the House and at least two-thirds of the members present and voting must support it.
• Both Houses of Parliament must pass the bill separately. If they disagree, there is no provision for a joint sitting to resolve the issue.

Amendment of Indian Constitution – Types

Below is a list of the different types of amendments. One can change the Constitution in one of three ways:

• Amendments by a simple majority of the parliament
• Amendments by a special majority of the parliament
• Amendments by a special majority with ratification by half of the state

1. Amendments By a Simple Majority of the Parliament

The two houses of Parliament may amend several Constitutional provisions not covered by Article 368 with a simple majority. Among these clauses are:

• Admittance or creation of new states.
• creation of new states and modifications to their borders, areas, or names.
• state-level legislative council creation or elimination.
• The Second Schedule contains the president’s, governors’, speakers’, judges’, and other officials’ salaries, benefits, and other privileges.
• Parliamentary quorum.
• Parliamentary members’ salaries and benefits.
• Parliamentary procedure rules.
• Rights and Privileges of the Parliament and Its Committees.
• English language usage in legislative assemblies.
• Number of puisne judges in the Supreme Court.
• expansion of the Supreme Court’s jurisdiction.
• Acquisition and relinquishment of citizenship.
• elections for state legislatures and the parliament.
• Constituency delineation.
• Union lands
• Administration of scheduled areas and scheduled tribes falls under the Fifth Schedule.
• The Sixth Schedule administers tribal areas.

2. Amendments by a Special Majority of the Parliament

• To amend the majority of the Constitution’s provisions, the Parliament requires a special majority, which consists of more than half of the total membership in each House and more than two-thirds of the members present and voting in each house. Regardless of vacancies or absences, the phrase “total membership” refers to the total number of members that make up the House.
• The Houses’ rules have included the requirement for a special majority at all stages of the bill’s effectiveness, with the special majority only necessary for voting on the bill during its third reading stage.
• It is possible to amend the following provisions in this way: (i) Fundamental Rights; (ii) Directive Principles of State Policy; and (iii) Any other provisions not falling under the first or third category.

3. Amendments by a Special Majority with Ratification by half of the State

A simple majority of state legislatures as well as a special majority of the Parliament can both amend the Constitution’s provisions of the federal structure of the government. If one, more, or all of the remaining states do nothing about the bill, as soon as half the states agree, they complete the formalities. The states have no set period in which to approve the legislation. This allows for the amendment of the following provisions:

• The process of choosing the President.
• Extent of each state’s and the Union’s executive authority.
• High courts and the Supreme Court.
• Division of the Union’s and the state’s legislative authority.
• Any of the Seventh Schedule’s lists.
• State representation in the legislature.
• The ability of Parliament to modify the Constitution and its processes (specifically, Article 368).

Amendment of Fundamental Rights and the Development of the Basic Structure

The question of whether Parliament can amend Fundamental Rights under Article 368 of the Constitution has been a cornerstone in the evolution of the “basic structure” doctrine. Here’s a timeline of key events that shaped this debate:

• 1951 – Shankari Prasad Case: The Supreme Court initially ruled that Parliament could amend Fundamental Rights using its Article 368 powers.
• 1967 – Golaknath Case: The Court reversed its stance, declaring Fundamental Rights “transcendental and immutable,” meaning Parliament couldn’t alter them.
• 1971 – 24th Amendment Act: In response to the Golaknath case, Parliament amended Articles 13 and 368, asserting its right to abridge Fundamental Rights.
• 1973 – Kesavananda Bharati Case: A landmark judgement. The Court:
  • Overruled Golaknath, allowing Parliament to amend Fundamental Rights.
  • Introduced the “basic structure” doctrine, limiting Parliament’s power to alter the Constitution’s essential character. Fundamental Rights were recognized as part of this basic structure.
• 1976 – 42nd Amendment Act: This act attempted to curb judicial review by declaring Parliament’s amending power unlimited.
• 1980 – Minerva Mills Case: The Supreme Court struck down parts of the 42nd Amendment, as excluding judicial review violated the “basic structure” principle.
• 1981 – Waman Rao Case: The Court clarified that the basic structure doctrine applies to amendments made after the Kesavananda Bharati judgement (1973).

This back-and-forth between Parliament and the judiciary established a crucial balance. Parliament retains the power to amend the Constitution, but it cannot alter its core principles, including the fundamental rights that safeguard citizens’ liberties. The “basic structure” doctrine ensures the Constitution remains a dynamic yet stable document, adaptable to changing times while preserving its foundational values.

Criticism of the Amendment Procedure

The process for changing the Indian Constitution has some problems:

1. No Special Group for Changes: There isn’t a special group, like a Constitutional Convention, to handle amendments. Instead, Parliament and, in some cases, State Legislatures have this power.
2. Similar to Regular Laws: The way to change the Constitution is almost the same as making regular laws, except it requires a Special Majority to pass.
3. Only Parliament Can Start Changes: Only Parliament can propose amendments. States have very limited power, mostly about their own legislative councils.
4. Parliament Can Change Most Parts: Most of the Constitution can be changed by Parliament alone. States only get a say in a few situations, and even then, only half of them need to agree.
5. No Joint Meeting: There’s no rule for both Houses of Parliament to meet together to discuss changes. This can lead to disagreements that are hard to solve.
6. Vague Rules: The rules about how to amend the Constitution are not very clear, which can create confusion and lead to legal disputes.

Even with these issues, the amendment process is important to keep the Constitution relevant to people’s needs. Changes to the Constitution have played a big role in how the country is governed. They help ensure that the Constitution reflects what people want and need, making it a living document for future generations.

Important Amendments of the Indian Constitution

Amendments	Provisions
1st Amendment Act of 1951	It also introduced the Ninth Schedule to Indian Constitution, which describes central and state laws that are unchallengeable in court.
42nd Amendment Act of 1976	– Three new terms were added to the Preamble: integrity, socialist, and secular. – It amended the Constitution to include Fundamental Duties (new Part IVA).
44th Amendment Act of 1978	– “Armed rebellion,” which was related to the National Emergency, adopted the place of the term “internal disturbance” (Article 352). – It made the right to property a legal right and removed it from the list of fundamental rights.
61st Amendment Act of 1988	The voting age was lowered from 21 to 18 years old.
73rd Amendment Act of 1992	The goal of introducing the Panchayati Raj Institutions provisions was to decentralize power to the local level.
74th Amendment Act of 1992	It established the Urban Local Body provisions, giving Municipal Corporations and Municipalities more authority.
86th Amendment Act of 2002	The State is required to offer free and obligatory education to all children between the ages of six and fourteen.
97th Amendment Act of 2011	The cooperative societies now have constitutional status and protection thanks to this amendment.
101st Amendment Act of 2016	The comprehensive indirect tax reform known as the Goods and Services Tax (GST) was announced to facilitate economic integration and streamline the tax structure.
102nd Amendment Act of 2018	It granted the National Commission for the Backward Classes Constitutional Status.
103rd Amendment Act of 2019	10% of reservations are made for economically weaker sections (EWS).
104th Amendment Act of 2020	It provides that members of Scheduled Castes and Scheduled Tribes will have reserved seats in the Lok Sabha and State Legislative Assemblies until January 25, 2030.
105th Amendment Act of 2021	It restored State Governments’ authority to designate Socially and Educationally Backward Classes (SEBCs).
106th Amendment Act of 2023	In the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, it reserves one-third of all seats for women, including those designated for SCs and STs.

Process of Amendment

Proposal

Here’s a simple overview of how amendments to bills in Parliament are proposed and processed:

1. Drafting the Amendment: Any Member of Parliament (MP) can suggest a change to a bill. This suggestion must be written down and submitted to the Clerk of the House.
2. Tabling the Amendment: After drafting, the amendment is formally presented for consideration. The Clerk makes copies available for all members to read.
3. Committee Stage: At this stage, the bill is looked at in detail by a committee. MPs can suggest changes to specific parts of the bill. This is where the bill is carefully discussed and can be modified, accepted, or removed.
4. Report Stage: After the committee reviews the bill, it goes back to the House for further discussion. More amendments can be proposed and debated during this stage.
5. Debate and Voting: The proposed amendments are discussed in the House. Members talk about the benefits and impacts of the changes. After the discussion, a vote is held. If an amendment is approved, it becomes part of the bill.
6. Consideration in the Other House: If the bill started in the House of Commons, it then goes to the House of Lords, and vice versa. The other House can suggest more amendments, which both Houses must agree on.
7. Final Approval: Once both Houses agree on the final version of the bill, including all changes, it is sent for Royal Assent and officially becomes law.

Debate and Voting

Here’s a simple overview of the process for debating and voting on amendments in Parliament:

1. Proposing Amendments: Any Member of Parliament (MP) or Peer can suggest changes to a bill. These changes need to be written down and submitted to the Clerk of the House.
2. Presenting the Amendment: After submission, the amendment is formally introduced for consideration. Copies are shared with all members so they can read it.
3. Debate:
   • Committee Stage: The bill is examined closely during this stage. Each part of the bill is discussed, and MPs can propose changes to specific sections. This is where detailed discussions take place.
   • Report Stage: After the committee stage, the bill and any changes are reviewed again. More amendments can be suggested and discussed.
   • Debate Rules: There are specific rules for debating each amendment. Usually, both supporters and opponents get a set amount of time (like five minutes) to share their views.
4. Voting:
   • Voice Vote: Initially, a voice vote is taken, where members say “yes” or “no” to express their support or opposition.
   • Division: If the voice vote result is unclear, a division is called. Members then move to different parts of the chamber to cast their votes, which are counted.
   • Electronic Voting: In some places, electronic voting systems are used for quick and accurate counting of votes.
5. Moving to the Other House: If the bill started in the House of Commons, it goes to the House of Lords, and vice versa. The other House can suggest additional amendments that both Houses must agree on.
6. Final Approval: Once both Houses agree on the final version of the bill, including all changes, it is sent for Royal Assent and becomes law.

This structured process ensures that all proposed changes are carefully considered before they are included in the final legislation.

1950 First Amendment in Indian Constitution

The Structure To begin with, the Amendment Act of 1951 was made keeping in mind the welfare of the society and attempting to oversee the Zamindars, who controlled the lion’s share of lands. It gave powers to the Middle to form arrangements for the welfare of those who had a place to reverse and minimize classes. There was a tremendous hole in society between the zamindars and the rest of the populace.

Total Amendments in the Indian Constitution

When drafting the Constitution of India, the framers extensively discussed how to initiate amendments. They also discussed provisions that attempted to make certain parts of the Constitution unamendable. The Fundamental rights were one portion of the Constitution where there were opposing views on whether there should be a provision for amending the fundamental rights. The constituent assembly had to decide whether the Constitution should be rigid or flexible to the changes in the environment that affect the country through geopolitical and other factors. Finally, they decided to adopt the British form of the Constitution, giving lawmakers the leverage to make necessary amendments when required.

Since its enactment, the Constitution of India has undergone 106 amendments, aiming to adapt it to the changing needs of the nation’s people.

Several significant amendments stand out as particularly influential. During the initial decades after the Constitution’s ratification, amendments primarily focused on reorganizing India’s territories and integrating princely states into the Indian Union, such as the 3rd, 6th, and 7th Amendments. Later modifications addressed evolving social and political issues, including the 24th amendment, which banned imposing poll taxes and helped expand voting rights.

More recently, the iconic 42nd amendment from 1976 asserted the supremacy of India’s Parliament, enshrining core Constitutional principles like socialism, secularism, and democracy. While the full scope of amendments spans decades, the recurring theme remains to enhance the Constitution to serve the public interest. Fundamental changes reveal how India’s foundational text has evolved in response to societal needs through alterations, cautiously balancing reform with stability. As the Nation progresses into the 21st century, its pioneering Constitution continues advancing with the aspirations of a dynamic Indian populace.

Reorganization of States and Union Territories

It was an extensive exercise after the independence, and the architect of these reforms was Sardar Patel. The setup of different Union territories also came under the same provisions. In 2019, the Indian government created two new union territories, Jammu Kashmir and Ladakh, by dividing the state of Jammu and Kashmir.

Protection of State Policies and Social Welfare

The next phase of amendments was related to giving protection to the state for bringing policies in favor of the masses. However, these were not implemented as they clashed with fundamental rights. The significant laws inserted under the ninth schedule related to land laws, and the Government had a socialist view, i.e., to provide services to all.

Taxation and Financial Amendments

The next set of amendments relates to money bills. Government, while making changes to the monetary policy, amendments were required about bills or tax-related acts. Two of the most important amendments were the introduction of service tax in 1994 and GST in 2017. Both changed the whole taxation dynamics and would not have been possible without effecting constitutional amendments. Provisions in the Constitution allow it to be amended every year after both houses pass the finance bill and the consent is received from the honorable President.

The Latest Amendment in the Indian Constitution

The latest Amendment to the Indian Constitution is the 106th Amendment Act 2023. It is a watershed moment in the history of India as it gives 33% reservation to women in both the parliament and the state legislatures. The women’s reservation has been a long fight to be a reality. The bill was first introduced in 2008. However, the discussion on this bill has been time and again postponed by successive governments. Only 11% of the total Lok Sabha and 10.3% of the Rajya Sabha are female MPs. The Constitution (One Hundred and Sixth Amendment) Act, 2023 inserted Article 239AA, Article 330A, Article 332A, and Article 334A to pass the bill.

The Women’s Reservation has a period of 15 years from its commencement. The Act will come into force starting with the general elections in 2029, not the upcoming elections in 2024. Implementing the Women’s Reservation depends on delimiting, which involves selecting the seats to be reserved. Once specified, they will decide the rotation of the seats accordingly. The delimitation exercise is pretty exhaustive and requires both workforce and the fixation of selection criteria for the reservation.

Amendment Procedure of the Indian Constitution

Article 368 provides the complete details of the procedure for amending the Indian Constitution. The Government of India or any member of the House can propose an amendment to the Constitution through a bill.

The Government or the party primarily prepares by presenting the matter to the Speaker of the Lok Sabha or the Rajya Sabha. Once the Speaker gives their consent, the bill can be circulated among the members. There should be a struggle about the charge by all the individuals sometime recently. The charge goes to a vote. The speaker chooses the period for examining the charge, and any party with reservations can present their views to the House speaker. After discussing the charge, the speaker puts it to a vote.

The alteration method varies for diverse revisions made to the Structure of India. Those alterations that are required for day-by-day working require a fundamental larger part. Significant changes in essential rights require an extraordinary lion’s share, which may be a two-thirds lion’s share and the approval of the same by at least 50% of the state assemblies.

Scope of Amendment of Indian Constitution

The Indian Constitution, while empowering Parliament to amend its provisions through Article 368, establishes a crucial safeguard: the ‘basic structure’ doctrine. This doctrine, though not explicitly defined by the Supreme Court, acts as a limiting principle on amendments. Any amendment that alters the fundamental character of the Constitution is deemed invalid.

Over time, landmark Supreme Court judgments have helped us understand what constitutes the ‘basic structure’ of the Constitution. These essential features include:

• Foundational Pillars: Supremacy of the Constitution, welfare state principles, sovereign, democratic, and republican nature of India.
• Linchpins of Justice: Judicial review, free and fair elections, secular character of the state.
• Individual Rights: Freedom and dignity of the individual, independence of the judiciary, separation of powers.
• Governance Framework: Parliamentary system, limited amending power of Parliament, federal character of the Constitution.
• Balance and Fairness: Rule of law, access to justice, unity and integrity of the nation, harmony between fundamental rights and directive principles, reasonableness in legislation.

Also Read:-

Salient Features of the Indian Constitution: An Overview

Preamble of Indian Constitution | A Brief Overview

Constituent Assembly of India: An Overview

One Nation One Election

Significance of Indian Constitution

The following is a list of the many implications of the Indian Constitution’s amendment provision:

• Introducing Social Reform: It makes modernity possible by allowing the removal of antiquated sociocultural customs.
• Taking Care of Emerging Issues: It makes it possible to take care of recently discovered trends like vigilantism and bans.
• Development of New Rights: The emergence of new rights was prompted by revised constitutional interpretations. For instance, the Right to Privacy emerged from a revised interpretation of the Right to Life and Personal Liberty. Such rights can be accommodated thanks to the amendment.
• Enabling New Rights: As awareness grows, more and more societal segments are asserting their rights. For instance, the LGBT community has been requesting rights recently. The amendment makes it possible to grant these rights.
• Adaptation to Governance: The Constitution establishes the basic tenets of government. India is too diverse and dynamic to be governed by a rigid set of regulations. The ability to amend the constitution allows for the adaptation of governance to changing circumstances and needs.

Benefits of Amendment

• Since its inception, scholars have extensively discussed the Amendment clause within the Constitution. There have been significant talks about the degree of control of the council and the officials for making revisions to the Indian Structure.
• In the 1950s, the Government made alterations to the Constitution to maintain its functionality. These changes also helped those who the predominant caste frameworks within the nation had deprived and marginalized for centuries. The Government used the corrections to prevent individuals from taking the law into their own hands.
• Revisions are a source to control the mishandling of control by specialists or anybody with the essential control. If the Government or any part sees that someone is abusing the powers conferred by the Structure, they can control it by bringing an Amendment. The arrangement related to crises was already experienced in 1975..
• Another advantage of alterations is to be in sync with the display. India as a nation has changed a parcel since the Structure came into impact. An unbending structure is impossible, as laws may become outdated due to geopolitical and legitimate progressions.

Conclusion

For more than 70 years, the Indian Constitution has served as a flexible and adaptive framework for the country’s democracy. The Constitution should be changed to reflect modern times, since certain laws need to be updated or replaced. To solve the problems of today, these adjustments are required.

The Constitution was drafted in the beginning by some of India’s most brilliant legal minds, and it has since evolved and altered to reflect the country’s achievements. With more than 100 revisions, its fundamental principles of justice, equality, and unanimity have been strengthened. During a time when the nation most needed it, these reforms have assisted in defending fundamental rights, assisting marginalized groups within society, advancing local government, and stimulating the economy.

The Constitution has continued to protect fundamental values by adhering to them and making adjustments to fit changing circumstances.

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