Points to Remember:
- The Indian Constitution provides for two methods of amendment: simple majority and special majority.
- The method used depends on the nature of the provision being amended.
- Certain provisions are considered fundamental and require a special majority for amendment.
- Judicial review plays a crucial role in ensuring the constitutionality of amendments.
Introduction:
The Indian Constitution, a living document, allows for its own modification through a process of amendment. This ensures that the Constitution remains relevant and adaptable to the changing needs of the nation. Article 368 of the Constitution outlines the procedure for amending the Constitution. It’s crucial to understand that the amendment process is not arbitrary; it’s carefully designed to balance the need for change with the preservation of the fundamental structure of the Constitution. The Supreme Court of India, through various judgments, has played a significant role in defining the limits of amendment power.
Body:
1. Simple Majority Amendment:
This method requires a majority of the members present and voting in both Houses of Parliament. It’s used for relatively less significant amendments, primarily concerning matters related to the ordinary laws of the land. The President’s assent is required after the amendment is passed by both houses. There is no requirement for ratification by state legislatures.
2. Special Majority Amendment:
This method involves a more stringent process. It requires:
- A majority of the total membership of each House (not just those present and voting).
- A majority of not less than two-thirds of the members of each House present and voting.
This method is used for amending provisions considered fundamental to the structure of the Constitution. These include provisions relating to:
- Fundamental Rights (Part III)
- Directive Principles of State Policy (Part IV)
- Federal Structure (Part XI)
- Election of the President and Vice-President
- Procedure for Amendment of the Constitution itself (Article 368)
In certain cases, after the amendment is passed by both Houses of Parliament with a special majority, it also requires ratification by at least half of the state legislatures. This is explicitly mentioned in the Constitution for specific articles. For example, amendments relating to the federal structure often require such ratification.
3. Judicial Review and Constitutional Amendments:
The Supreme Court of India has the power of judicial review, which allows it to examine the validity of constitutional amendments. In landmark cases like Kesavananda Bharati v. State of Kerala (1973), the Court established the doctrine of “basic structure,” asserting that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. This limits the amending power of Parliament and safeguards the core principles of the Constitution. Subsequent judgments have further clarified and refined the concept of basic structure.
Conclusion:
The Indian Constitution provides a well-defined, albeit complex, process for amendment. The distinction between simple and special majority amendments reflects the varying importance of different constitutional provisions. The Supreme Court’s role in upholding the basic structure of the Constitution ensures that amendments are not used to undermine the fundamental principles of democracy, federalism, and secularism. Moving forward, a transparent and participatory process of amendment, coupled with robust judicial scrutiny, is essential to ensure that the Constitution remains a dynamic and relevant instrument for governing India. This approach will guarantee the continued evolution of the Constitution while preserving its core values and promoting holistic national development.
CGPCS Notes brings Prelims and Mains programs for CGPCS Prelims and CGPCS Mains Exam preparation. Various Programs initiated by CGPCS Notes are as follows:-