Article 368 of the Indian Constitution deals with the power and procedure of Parliament to amend the Constitution. This article empowers Parliament to amend the Constitution by adding, changing, or repealing any provision, thus ensuring its adaptability to changing needs and circumstances. The amendRead more
Article 368 of the Indian Constitution deals with the power and procedure of Parliament to amend the Constitution. This article empowers Parliament to amend the Constitution by adding, changing, or repealing any provision, thus ensuring its adaptability to changing needs and circumstances.
The amendment process involves a rigorous procedure to safeguard the Constitution’s integrity. A bill proposing an amendment can be introduced in either House of Parliament and must be passed by a majority of the total membership of each House and by a two-thirds majority of members present and voting. Some amendments also require ratification by at least half of the state legislatures.
Article 368 also delineates limits to the amending power. The Supreme Court of India, through landmark judgments like Kesavananda Bharati v. State of Kerala (1973), has held that the basic structure of the Constitution, including principles such as democracy, rule of law, and fundamental rights, cannot be altered.
Thus, Article 368 provides a balanced mechanism for constitutional evolution while protecting the fundamental framework of the Constitution. This ensures that while the Constitution remains dynamic and responsive, its core values and principles are preserved.
See less
Article 368 serves as the constitutional provision that governs the process and limitations of amending the Constitution of India. Several amendments to the Constitution of India have had a profound impact on Indian society, shaping its governance, rights, and socio-political landscape. Here are somRead more
Article 368 serves as the constitutional provision that governs the process and limitations of amending the Constitution of India. Several amendments to the Constitution of India have had a profound impact on Indian society, shaping its governance, rights, and socio-political landscape.
Here are some of the amendments that stand out for their significant impact:
1. First Amendment Act, 1951 (Amendment of Articles 15, 19, 31A, 31B, and 31C)
• Impact: This amendment allowed for the imposition of reasonable restrictions on free speech and expression (Article 19), expanded the grounds for discrimination (Article 15), and introduced land reform laws (Articles 31A and 31B). It also added Article 31C, validating certain laws aimed at implementing Directive Principles of State Policy.
2. Twenty-Fourth Amendment Act, 1971 (Election of President and Vice-President)
• Impact: This amendment provided for the election of the President and Vice-President by means of proportional representation by a single transferable vote, thereby ensuring a more representative electoral process at the highest levels of government.
3. Forty-Second Amendment Act, 1976
• Impact: This comprehensive amendment introduced several changes, including:
• Fundamental Duties: Insertion of Article 51A, which lists the fundamental duties of citizens to promote harmony and the spirit of common brotherhood amongst all the people of India.
• Emergency Provisions: Modifications to emergency provisions, leading to controversies over the balance between fundamental rights and state power.
• Judicial Review: Attempted to curtail judicial review powers related to constitutional amendments (later partly overturned by the Supreme Court).
• Extension of Executive Power: Expanded executive powers, which were later scrutinized for potential authoritarian implications.
4. Ninety-Third Amendment Act, 2005 (Reservation in Educational Institutions)
• Impact: This amendment enabled the provision of reservation of seats for socially and educationally backward classes (Scheduled Castes, Scheduled Tribes, and Other Backward Classes) in private unaided educational institutions, aiming to enhance access to education and promote social equity.
5. One Hundred and First Amendment Act, 2016 (Goods and Services Tax – GST)
• Impact: The GST amendment revolutionized India’s tax regime by introducing a unified indirect tax system across the country. It aimed to streamline tax administration, reduce tax evasion, and create a common market, enhancing ease of doing business and promoting economic integration.
6. One Hundred and Third Amendment Act, 2019 (Reservation for Economically Weaker Sections – EWS)
• Impact: This amendment provided 10% reservation in educational institutions and public employment for economically weaker sections (EWS) among the general category, addressing demands for equitable opportunities and access to government resources.
Conclusion
Our Constitution is a ray of hope: Hopes of our youth, hopes of our poor, and hopes of our women.” – B.R. Ambedkar. Thus the aforementioned amendments represent pivotal moments in India’s constitutional evolution, reflecting the nation’s socio-political priorities and responses to emerging challenges.
See less