Procedure Related to Amendability of the Preamble

Making changes to the country’s basic legislation, or supreme law, is part of the process of revising India’s Constitution. The mechanism for modifying the constitution is laid forth in Part XX (Article 368) of the Indian Constitution. This system protects the integrity of the Indian Constitution and limits the Parliament’s arbitrary power.

Amendments in the Indian Constitution

Every amendment to the Constitution is written as a law. The “Constitution (First Amendment) Act” is the name of the first amendment, the “Constitution (Second Amendment) Act” is the name of the second, and so on. The lengthy title “An Act further to valter the Constitution of India” is frequently attached to each one.

Article 368 of Part XX of the Indian Constitution establishes two forms of constitutional modifications.

• By a two-thirds majority vote in the House of Commons
• With the ratification of half of the total states, by a special majority of Parliament

Other articles, on the other hand, allow for the alteration of specific elements of the Constitution by a simple majority of the members present and voting in each House. For the purposes of Article 368, these modifications are not regarded to constitute constitutional amendments.

Procedure Related to Amendability of the Preamble

Only by introducing a Bill in each House of Parliament can the Constitution be amended. The Bill must next be passed by a majority of the entire membership of each House, as well as a majority of at least two-thirds of the members present and voting in each House.

This is what is referred to as a “special majority.” In the event that the two Houses disagree, there is no provision for a combined sitting. The Bill is subsequently forwarded to the President, who must grant his approval to it if it has received the requisite majority of votes.

If the amendment attempts to modify any of the provisions stated in the provision to Article 368, it must be approved by at least one-half of the states’ legislatures. Although ratification has no time constraint, it must be finished before the amended Bill is given to the President for his signature.

Types of Amendments in the Indian Constitution

By a simple majority in the House of Commons, an amendment can be made.

• Parliamentary amendment with a special majority
• The amendment must be approved by a special majority of Parliament and at least half of the state legislatures

Amendments in the Indian Constitution Under Article 368

Part-XX Article 368 (1) of the Indian Constitution grants constituent power to make official amendments and enables Parliament to amend the Constitution by adding, modifying, or repealing any provision in accordance with the procedure set forth therein, which differs from that for ordinary legislation. The 24th and 42nd Amendments, enacted in 1971 and 1976, respectively, altered Article 368.

24th Amendment Act in 1971

1. It modifies Article 13 of the Constitution to make it inapplicable to any constitutional modification made according to Article 368.
2. The 24th Amendment added Articles 13(4) and 368(3) to the Constitution. “Nothing in this article shall apply to any amendment of this Constitution made under article 368,” reads Article 13 (4).
3. The President’s consent to a Constitutional Amendment Bill is now required.
4. It restored Parliament’s unlimited ability to change any provision of the Constitution, including Part III (fundamental rights).

42nd Amendment Act in 1976

• In the Preamble, the terms ‘Socialist,’ ‘Secular,’ and ‘Integrity’ were inserted
• Three new DPSPs have been added to the current list, and one has been changed:

1. 1. Article 39: to provide chances for children’s healthy growth.
   2. Article 39 A: promoting fair justice and providing free legal assistance to the underprivileged.
   3. Article 43 A: must take initiatives to ensure employees’ participation in industrial management.
   4. Article 48 A: to conserve forests and animals, as well as to protect and develop the environment.

• 10 Fundamental Duties were added for the citizens
• Part XIV A (Articles 323A and 323B) was added, which established ‘administrative tribunals’ and ‘tribunals for other issues’
• Article 74(1) was amended to require the President to act in line with the Council of Ministers’ advice
• Amended Article 102 (1)(a) to ensure that if a person occupies any profit-making post under the Government of India or any State government that has been deemed disqualifying by Parliamentary legislation, he shall be disqualified, and that authority will be placed in Parliament rather than the State Legislature

Scope of Amendability in Indian Constitution

The current situation is that the Parliament can alter any element of the Constitution, including the Fundamental Rights, under Article 368 without harming the Constitution’s ‘fundamental structure.’ The Supreme Court, on the other hand, has yet to define or explain what the Constitution’s ‘fundamental structure’ is.

Conclusion

The Preamble is neither a source of substantive rights for individuals nor limits on the powers of other government organs as it exists now, but it is critical to understanding the ideas and purposes that the Constitution seeks to achieve. It is seen as the foundation of constitutional ideals in order to carry out the social, economic, political, and cultural rights mentioned in Parts III and IV of the Constitution. Recognizing historical injustices that hampered social integration, the Preamble seeks to construct a system based on democratic ideals, social fairness, and fundamental human rights.