Procedure of Amending the Constitution

Part XX (Article 368) of the Indian Constitution specifies the method to be followed in the event of a constitutional modification. In addition to ensuring the integrity of the Indian Constitution, this method also serves to keep the Parliament of India’s arbitrary authority in check. Various doctrines or standards exist with relation to determining the legitimacy of an amendment; the most well-known of these is the “Basic structure doctrine,” which was established by the Supreme Court in the case of Kesavananda Bharati vs. State of Kerala in the early twentieth century.

When a constitution is amended, it does not entail a fundamental change in or destruction of the constitution’s “essential structure.” Article 368 (1) of the Indian constitution grants the Parliament the authority to alter any provision of the constitution by means of addition, modification, or repeal, subject to the procedures outlined in article 368 (2) of the Indian constitution (2). A constitutional change may also only be triggered by the presentation of a bill in either House of Parliament, which is currently the only way to do so. In each of these instances, the President of India must first give his approval. It is not possible to modify the constitution without the previous approval of the President. However, after the modifications have been approved by the Parliament, the President will not be able to reject them.

Amendment Procedure

Article 368(2) of the Indian Constitution outlines the process to be followed in the event of a constitutional change being proposed.

Simple Majority Amendment

Certain articles of the Constitution may be altered by a simple majority (i.e., more than 50%) of the total number of members who are present and vote on the amendment. Under this category, amendments such as the admission of a new state under article 2, Schedule IV, and article 11, among other things, may be made.

Special Majority Amendment

Certain provisions of the Constitution may be modified by a special majority (66 percent) of not less than two-thirds of the members present and voting in that House. The Instances where the Special Majority Amendment is used:

• Passing of constitutional amendment without harming the basic structure of The Indian Constitution.
• Removal of Judges from High Court or Supreme Court
• National Emergency.
• Removing the chief Election Commissioner.
• Removing the Comptroller and Auditor General of India (CAG)

Some provisions require a special majority from the parliament as well as ratification from half of the State Assemblies. Such provisions include: election of President, Supreme Court and High Courts, representation of states in Parliament, distribution of legislative powers between the Union and the states, and the extent of executive power of the Union and the states.

IMPORTANT Amendments

• Constitution (42nd Amendment), Act, 1976

The Constitution (42nd Modification) Act, 1976, was the most extensive amendment to the Constitution, and it brought about significant changes in the way the country operated. On December 18, 1975, the President gave his approval to the legislation.

• Constitution (44th Amendment) Act, 1979

It was on the 30th of April in 1975 that the President gave his approval to the Constitution (44th Amendment) Act, 1979. A notable feature of the 44th Amendment is that it attempts to partly correct the distortions that were introduced into the Constitution as a result of the Constitution 42nd Amendment) Act of 1975.

• Constitution (73rd Amendment) Act, 1992

The Constitution (73rd Amendment) Act, 1992, incorporated Part IX, which included Articles 243 to 243-O, which dealt with the formation and functioning of the three-tier system of panchayats in rural regions, into the Indian Constitution.

• Constitution (74th Amendment) Act, 1992

Part IXA of the Constitution was added by the Constitution (74th Amendment) Act, 1992, which outlines the mechanism for the formation and composition of urban local organisations or municipalities, as well as Wards Committees, in accordance with the Constitution. It also allows for the allocation of seats in the towns for women and scheduled tribes, among other things. 12th Schedule to the Constitution was also introduced, which comprises 18 issues over which municipalities would have administrative power, according to the amendment.

• Constitution (86th Amendment) Act, 2002

The Constitution (86th Amendment) Act, 2002, was passed and put into effect in the year 2002. It established basic education as a fundamental right that is free and obligatory. Specifically, it said that the government would offer fee-based and obligatory education to all children from the ages of six to fourteen in a manner determined by state legislation.

Conclusion

The Constitution of India came into effect on 26 January 1950 and originally had 395 articles divided into 22 Parts and 8 Schedules. An amendment of the constitution implies ‘an addition or change within the lines of the original instrument, as will affect an improvement or better carry out the purpose for which it was framed’.