Indian Constitution

The amendment procedure under the Indian Constitution has been the subject of various criticisms over the years. Here are some of the key criticisms:

1. Rigidity vs. Flexibility
Rigidity: Some critics argue that the amendment procedure is too rigid, making it difficult to adapt to changing circumstances. The requirement for a supermajority in both houses of Parliament and ratification by half of the state legislatures for certain amendments can be challenging to achieve.
Flexibility: Others argue that the procedure is too flexible, allowing for frequent and sometimes whimsical changes to the Constitution. This could potentially undermine the stability and sanctity of the constitutional framework.

 2. Parliamentary Supremacy
Excessive Power to Parliament: Critics argue that the Parliament has excessive power to amend the Constitution, which could lead to misuse. There are concerns that a ruling party with a strong majority could amend the Constitution to serve its interests rather than the public good.
Lack of Direct Public Involvement: Unlike some other countries, there is no provision for a public referendum on constitutional amendments in India. This means that significant changes can be made without direct input from the electorate.

3.Judicial Review
Scope of Judicial Review: There have been debates over the scope of judicial review concerning constitutional amendments. The Kesavananda Bharati case established the “basic structure doctrine,” which holds that certain fundamental features of the Constitution cannot be altered. Critics argue that this gives the judiciary excessive power over constitutional amendments, potentially leading to judicial overreach.
Uncertainty and Ambiguity: The “basic structure doctrine” can be seen as vague and subject to interpretation, leading to uncertainty about which parts of the Constitution can be amended and which cannot.

4. Federal Concerns
State Involvement: The requirement for state ratification for certain amendments is seen as insufficient by some critics. They argue that states should have a greater say in the amendment process, especially for amendments that affect federal structures and state powers.
Centralization of Power: There is a concern that the amendment procedure allows for centralization of power, with the central government having the upper hand in initiating and passing amendments.

5. Political Manipulation
Partisan Amendments: The amendment process can be used for partisan purposes, where changes are made to benefit the ruling party or to undermine opposition parties. This can lead to constitutional amendments that are politically motivated rather than aimed at genuine national interest.
Frequent Amendments: Critics argue that the frequency of amendments can undermine the authority of the Constitution and lead to legal and administrative instability.

6. Complexity and Accessibility
Complex Procedures: The procedures involved in amending the Constitution are complex and not easily understood by the general public. This can lead to a lack of transparency and public engagement in the constitutional amendment process.
Accessibility Issues: The procedural requirements can be seen as inaccessible, making it difficult for meaningful and needed changes to be made efficiently and effectively.

Conclusion
The amendment procedure under the Indian Constitution is designed to balance the need for stability with the need for adaptability. However, it has faced criticism on various grounds, including its perceived rigidity, the potential for parliamentary and judicial overreach, federal concerns, the risk of political manipulation, and the complexity of the process. These criticisms highlight the ongoing debate about how best to structure the process for amending the Constitution to ensure it serves the long-term interests of the nation.