{"id":56812,"date":"2023-11-25T14:41:47","date_gmt":"2023-11-25T09:11:47","guid":{"rendered":"https:\/\/pwonlyias.com\/stage\/?post_type=docs&p=56812"},"modified":"2024-06-02T12:45:20","modified_gmt":"2024-06-02T07:15:20","password":"","slug":"indian-constitutional-amendments","status":"publish","type":"docs","link":"https:\/\/pwonlyias.com\/stage\/docs\/indian-constitutional-amendments","title":{"rendered":"India’s Constitutional Amendments: Flexibility & Rigidity for a Dynamic Democracy"},"content":{"rendered":"
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India’s Constitutional Amendments: Flexibility & Rigidity for a Dynamic Democracy<\/strong><\/span><\/h2>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n
India\u2019s Evolutionary Path in Constitutional Amendments<\/span><\/strong><\/span><\/h3>\n
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The makers of our Constitution<\/strong> wanted to strike a balance<\/strong>. They placed the Constitution above ordinary law and expected that future generations will respect this document.\u00a0<\/span><\/li>\n
At the same time, they recognised that, in the future, this document may require modifications.<\/span><\/li>\n
The framers of the Indian Constitution wanted it to be both \u2018flexible<\/strong>\u2019 and at the same time \u2018rigid<\/strong>\u2019<\/span>.\n
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They designed it so that some parts could be easily changed, making it flexible.<\/li>\n
However, certain core features central to the spirit of the Constitution <\/strong><\/span>were made difficult to change, ensuring they remained rigid.<\/li>\n
This way, the Indian Constitution balances both flexibility and rigidity<\/li>\n<\/ul>\n<\/li>\n
The Indian Constitution combines both of these characteristics.<\/span>\n
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However, the procedure laid down<\/strong> for its amendment is neither as easy as in Britain nor as difficult as in the USA<\/strong>.<\/span><\/li>\n<\/ul>\n<\/li>\n
Article 368 of PART XX:<\/strong> provides power and procedure to Parliament for constitutional amendments.<\/span><\/li>\n
Supreme Court in the Kesavananda Bharati case<\/strong> (1973) evolved the basic structure doctrine and further consolidated the balance between rigidity and flexibility.\u00a0<\/span>\n
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It says\u00a0 that certain parts cannot be amended<\/strong>, it has underlined the rigid nature while by allowing amendments to all others it has underlined the flexible nature of the amending process.<\/span><\/li>\n<\/ul>\n<\/li>\n<\/ul>\n
How Does India Execute Constitutional Amendments?<\/strong><\/span><\/h3>\n
Article 368 provides the procedure for the amendment of the constitution as below:<\/span><\/p>\n
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It says, \u201cNotwithstanding anything in this Constitution, Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article\u201d.<\/span><\/li>\n
Introduction of Bill:<\/strong> A bill for constitutional amendment can be introduced in any house of the Parliament.<\/span>\n
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That bill can be introduced as a government bill or a private member bill.\u00a0<\/span><\/li>\n<\/ul>\n<\/li>\n
No Prior Approval:<\/strong> Bill does not require prior permission of the president.<\/span><\/li>\n
Passing the Bill: <\/strong>The bill must be approved in each House by a special majority, meaning it needs more than 50 percent of the total members and a two-thirds majority of the members present and voting.<\/li>\n
No Joint Sitting: If there is a disagreement between the two Houses, there is no provision for a joint sitting to resolve it<\/strong><\/li>\n
Amendment of Federal Provisions:<\/strong> If the bill seeks to amend the federal provisions of the Constitution,<\/span>\n
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It must be ratified by a special majority and<\/span><\/li>\n
It must also be approved by a simple majority in the legislatures of half of the states.<\/span><\/li>\n<\/ul>\n<\/li>\n
Obligatory Presidential Assent:<\/strong>\u00a0After being duly passed by both the Houses of Parliament and ratified by the state legislatures, where necessary, the bill is presented to the president for assent.<\/span>\n
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The President cannot send the bill back<\/strong> for reconsideration and must give their assent to it.<\/span><\/li>\n
The 24th constitutional amendment act 1971<\/strong> made it obligatory for the president to give his assent to the constitutional amendment bill.<\/span><\/li>\n<\/ul>\n<\/li>\n
After the president\u2019s assent, the bill becomes a constitutional amendment act<\/strong>, and the Constitution shall stand amended in accordance with the terms of the bill.<\/span><\/li>\n<\/ul>\n