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Introduction      

The constitutional amendments in India are changes made to the supreme law of the country by the Parliament. Under Article 368, amendments can be made via a simple majority, a special majority, or a special majority coupled with state ratifications. As a dynamic document, it has undergone 106 amendments till now, reflecting India’s evolving socio-economic and political milieu.

Body

Ways in which India’s recent constitutional amendments mirror its evolving social, economic and political landscapes 

Social Landscape:

• Rights of Marginalised Groups: The 103rd Amendment Act, 2019 allowed a 10% reservation in government jobs and educational institutions for economically weaker sections. It mirrored societal demands to recognize economic backwardness beyond caste-based parameters.
• Empowerment of Backward Classes: The 102nd Amendment Act, 2018, granting constitutional status to the National Commission for Backward Classes, showcased India’s continued commitment to social justice for historically marginalised communities.
• Affirmative Action: Addressing the need for positive discrimination, the 85th Amendment Act, 2001 was implemented. It provisioned consequential seniority in promotions for government servants from SCs and STs, thus emphasising the country’s resolve to bridge social gaps. 
• Child Labor and Education: The 86th Amendment Act, 2002 and Right to Education Act 2009 were more than a statutory change. By inserting Article 21A, which guaranteed the right to elementary education, the nation signalled its commitment to battling child labor and underscoring the importance of education.

Economic Landscape:

• Economic Integration: The 101st Amendment Act, 2016, ushered in the GST. It was a testament to India’s aspiration for seamless economic integration, aiming to transform the entire nation into a unified market, removing economic barriers in the form of varied state taxes.
• Cooperative Societies: The 97th Amendment Act, 2011 championed the cooperative model in India. By emphasising cooperative societies, it was clear that India viewed cooperative economic models as vital tools for achieving inclusive and sustainable growth.
• Land Acquisition: Through the 44th Amendment Act, 1978, India sought to strike a balance between imperative developmental needs and the rights of landowners by defining the contours of governmental land acquisition for projects. 

Political Landscape:

• Women Empowerment: India’s commitment to empowering its female populace took a significant stride with the “Nari Shakti Vandan Adhiniyam”. This recent amendment underscores the nation’s evolving stance towards gender equality and women’s political inclusion. 
• Grassroots Empowerment: The 73rd and 74th Amendment Acts of 1992 were a tribute to grassroots democracy. By institutionalising Panchayati Raj institutions and urban local bodies, India fortified its commitment to empowering its citizens at the grassroots level.
• Ministerial Limits: The 91st Constitutional Amendment Act of 2003 set a precedent in streamlining governance. By capping the number of ministers, including the Prime Minister, in the Central Council of Ministers to 15% of the total strength of the Lok Sabha, it aimed at promoting efficiency while avoiding oversized cabinets.

Global Best Practices for Constitutional Amendments

• Independent Review Committees: Set up independent committees to scrutinise and provide expertise on proposed amendments. The UK’s Independent Commission on the Voting System is an example, having recommended changes to the country’s voting system.
• Public Participation: India could adopt the practice followed by countries like Ireland, where referendums allow citizens to vote on significant constitutional changes. Eg: Ireland’s decision to legalize same-sex marriage in 2015 was a result of such a participatory process.
• Supermajority Requirements: Increase the majority required in the Parliament for passing amendments. The USA, for example, requires a two-thirds majority in both Houses or by Conventions in states. This ensures broader consensus for any significant constitutional change.
• Limit on Frequency: Put a cap on the frequency of amendments within a specific timeframe, ensuring stability and avoiding whimsical changes, akin to France’s limitation on revising the constitution within a short time frame.
• Periodic Review: Instead of reactive changes, a structured, regular constitutional review akin to mechanisms in countries like South Africa can help India anticipate necessary adjustments in tune with evolving times.
• International Compatibility Check: Taking cues from the European Union’s practices, India could evaluate proposed amendments for alignment with international standards, treaties, and conventions, ensuring global compatibility.
• Holistic Evaluation: Learning from New Zealand’s comprehensive assessment approach, India could ensure proposed amendments undergo a thorough evaluation encompassing social, economic, and environmental facets.
• Convention Mechanism: The U.S. Constitution allows for a Convention to be summoned by two-thirds of state legislatures, specifically for proposing amendments. India can adopt this mechanism to democratise and decentralise the amendment process. 

Conclusion

India’s constitutional amendments indeed mirror its evolving landscape. While the Indian amendment process is robust, imbibing global best practices can further fortify its amendment process, ensuring vibrant democratic ethos, responsive governance, and a resilient Constitution that stands the test of time and diverse challenges.

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