Amendment of The Indian Constitution PDF
Hello friends, in this post of ours today, we will tell you about the process of amendment of the Indian constitution and the full Detail regarding the Amendment of the Indian Constitution, which will be important for all the upcoming competitive exams!
Amendment of Indian Constitution
In India, the power to amend the Constitution has been given to the Parliament, its provision is made in Article 368 of Part 20 (XX) of the Constitution. This process of amending the Indian Constitution has been adopted from the Constitution of South Africa. Change is the eternal law of nature, and nothing can always remain motionless in this moving universe.
No Constituent Assembly can claim that the Constitution created by them will prove to be of all-time nature. The basic reason for this is that we cannot predict everything in the future and no structure can withstand every time and every situation. There is a need for change over time. That is why it is appropriate that the constitution itself should be explained the way of its amendment, otherwise it is very likely that the new generation will destroy it and form a new constitution according to their needs.
Procedure of amendment
Amendment of any constitution is possible in two ways-
• by the invisible or informal process
• by visual or formal procedure
An invisible or informal process
In this process, the constitution is not amended as declared, but still the constitution changes. There are mainly three methods –
(A) Interpretation by the Court – If the Supreme Court or the High Court makes a fundamental interpretation of any provision of the Constitution, then that interpretation is considered to be the actual meaning of that provision as in the interpretation of Article 21 of the Constitution in various public interest promises. Such things are connected which was not in the original constitution.
(B) Conventions ie the President’s JB Veto or ‘Pocket Veto’ President- Council of Minister’s relationship, by the observance of constitutional conventions, are only examples of the convention by the President inviting the leader of the largest party if the majority is not clear.
(C) Supplied by legislation – eg – Citizenship Act, 1955, etc.
The visual or formal process
This process is amended in the manner stated in the Constitution. It is a declared and manifest process of change. In the Constitution of India, it is possible in three ways-
(A) by a simple majority in certain provisions
(B) by a special majority in certain provisions
(C) Amendment of certain provisions by the ratification of the Legislatures of half the States with special majority.
(A) amendment by a simple majority
A very flexible process has been adopted to amend the provisions of the constitution which do not have special constitutional significance. Note that amendments to these provisions are not considered amendments to the Constitution under Article 368. These provisions are of two types –
Where the text of the constitution does not change but the law changes – just as Article 11 has the power to make laws related to citizenship, but the Articles 5 to 10 will remain the same. Article 124 also states that the Supreme Court of India will consist of a Chief Justice and not more than seven judges, while the Parliament has increased the number of judges from 7 to 30.
Where the text of the constitution changes – some of the major provisions are:
Formation of new state or change in name or extent of existing states
First, fourth, fifth, sixth schedule topics
Creation or Promotion of Legislative Council
Creation of Legislature or Council of Ministers or two for the Union Territories
Salaries and allowances of President, Vice-President, Judges, certain other constitutional posts.
Determination of Parliamentary Privilege
Extension of use of English in Article 343 for more than 15 years
Some Articles related to Second Schedule (75, 97, 125, 148, etc.)
(B) Amendment by a special majority
The Supreme Court has so far included the following elements in the basic structure of the Constitution-
o Rule of law
o the supremacy of the constitution
o Dominion of the polity to be a democratic republic
o Principle of separation of powers
o The parliamentary system of governance
o Freedom of the judiciary and power of judicial review
o Limited power of Parliament to amend the Constitution
o principle of parity
o The constitutional structure of the Constitution
o Free and fair elections
o The objective of social and economic justice
o Public welfare form of the state
o The balance between Fundamental Rights and Directive Principles
o Summary of Fundamental Rights (although original rights may be amended)
Power of Parliament to amend the constitution
After the establishment of the basic features of the Constitution, it has become very clear that the power given to Parliament to amend the Constitution is not unlimited. At present, the power of Parliament to amend the constitution is as follows-
Parliament can amend any provision of the constitution including fundamental rights, but this power is bound by the ‘prescribed limitation’ of the basic structure. The court has the power to decide whether the amendment made by the Parliament is against the ‘underlying structure’ of the Constitution.
The validity of the Constitution amendment cannot be tested in terms of Article 13.
Parliament cannot increase its power as provided in Article 368 through a constitutional amendment because ‘the limited power of the constitutional amendment of Parliament’ is an element of the basic structure.
Depending on the underlying structure, the court can reject the amendments which were passed after April 24, 1973 (decision date of Kesavananda Bharati).
If Parliament covers a subject in the 9th Schedule after April 24, 1973, it can be attacked on the ground that it is contrary to the basic structure.
The procedure laid down for the amendment is necessary. If it is not followed, the amendment will become invalid.
If the Constitution is amended to implement the Directive Principles of State Policy, it will not adversely affect the basic structure.
Changes in this entire situation are possible only if a Bench of 13 or more judges overturns the Kesavananda Bharti case and declares the basic structure doctrine invalid.
Major Constitutional Amendments
1. 7th Constitutional Amendment Act, 1956 – It implemented the ‘State Reorganization Commission’ report with some changes to address the demands of the states on a linguistic basis and spread the whole of India to 14 states and 6 union territories. Was distributed.
2. 24th Constitutional Amendment Act, 1971 – It made a rule that the President is obliged to allow the Constitution Amendment Bill.
3. 42nd Constitution Amendment Act, 1976 – This amendment was mainly a tangible form of recommendations of the Sardar Swaran Singh Committee. It is a comprehensive constitutional amendment and has been discussed and disputed for several reasons. A total of 53 Articles and Seventh Schedule were amended through this. It was through this that the Constitution was comprehensively revisited and the provisions of several fundamental importance were changed. For this reason, this constitutional amendment is also called the ‘Small Constitution’. Some of the salient features of this constitutional amendment are as follows:
- The words Socialist, Secular, and Integrity were added to the Preamble of the Constitution.
- Article 51 (a) was inserted in the constitution by adding 10 basic duties.
- The period of Lok Sabha and legislative assemblies was increased from 5 years to 6 years.
- Article 74 was amended to clarify that the President would act as advised by the Council of Ministers.
- It was determined that if Parliament amends any provision of the Constitution by the procedure of Article 368, it cannot be questioned on any basis in any court.
- On the basis of Article 352, the President can also proclaim ‘Emergency’ for a particular region of India.
- The seventh list was amended to include some new entries in the ‘State List’ and some entries in the ‘State List’, such as education, measurement, forest, etc. were made the subject of ‘Concurrent List’.
- 44th Constitution Amendment Act, 1978 – Its real objective was to repeal the broad changes made in the Constitution by the 42nd Amendment and bring the Constitution to its original form. Some of the main changes made by it are as follows:
1. The right to property was made a legal right in place of the original Adhikara.
2. Article 71 was amended and re-delegated to the Supreme Court for the President and Vice-President to investigate electoral disputes. (This right was taken away by the 39th Constitution Amendment Act, 1975).
3. The President will be able to ask the Council of Ministers to reconsider his advice and be bound to accept the advice given after reconsideration.
4. The tenure of Lok Sabha and Vidhan Sabha has been reduced to 5 years.
5. Some of his powers were reassigned to the court.
This amendment made the following changes to the ‘Proclamation of Emergency’ under Article 352 –
(A) The ‘armed’ rebellion was made in place of ‘internal unrest’.
(B) The written advice of the Cabinet (Cabinet) was made mandatory for the proclamation of emergency.
(C) The proclamation made it mandatory for the Parliament to be passed by a special majority within 1 month instead of 2 months and the general majority. Also, re-approval was made mandatory after every 6 months.
5. 52nd Constitution Amendment Act, 1985 – It recognized the ‘defection law’ by including the Tenth Schedule in the Constitution.
6. 61st Constitutional Amendment Act, 1989- The minimum age of voting in the general elections was reduced from 21 years to 18 years.
7. 69th Constitutional Amendment Act, 1991 – Union Territory of Delhi was made the National Capital Territory of Delhi with special status. Under this amendment, the number of ministers in Delhi was reduced to 10%.
8. 73rd Constitution Amendment Act, 1992 – 11th Schedule was included in the Constitution, and provisions related to Panchayats were accorded constitutional status.
9. 74th Constitution Amendment Act, 1992 – Part 9 (a) and 12th Schedule were added to the Constitution, and the municipal bodies were recognized as autonomous units of governance.
10. 86th Constitution Amendment Act, 2002 – The following changes were made by this amendment bill related to primary education-
(A) A new Article 21 (a) was established in the Constitution, making free and compulsory education a fundamental right for children between 6 and 14 years of age.
(B) Article 45 was amended to state that the State shall endeavor to provide education to early childhood and to provide education to all the children till they complete the age of six years.
(C) In the Fundamental Duties, Article 51A, the 11th Fundamental Duties were added stating that, “Parents and guardians shall get education for their children of 6-14 years of age as much as possible.”
11. 89th Constitutional Amendment Act, 2003 – It provided for the constitution of a National Commission for ‘Scheduled Tribes’ by inserting Article 338 (a) in the Constitution.
12. 91st Constitution Amendment Act, 2003 – The major provisions of this amendment are as follows:
(A) The total number of ministers (including the Prime Minister or the Chief Minister) in the Council of Ministers shall not exceed 15% of the total number of members of the Lok Sabha or the Legislative Assembly.
(B) The merger of one party into another is valid only if at least two-thirds (2/3) of its members take this decision.
(C) No party-altering person shall be eligible to hold a ministerial or paid political office. This disqualification will remain until his term as a member ends or he has not declared elected to a House, he does not participate in an election for a House, whichever is earlier.
13. 92nd Constitution Amendment Act, 2003 – It included 4 more languages Bodo, Dogri, Maithili, Santhali in the Eighth Schedule. Thus, there are now 22 languages in the Eighth Schedule.
14. 97th Constitution Amendment Act, 2011 – Following changes were made in the Constitution by it-
(A) Part 9 (b) Cooperative Societies were added to the Constitution. It contains provisions related to the formation, exchange, dissolution of cooperatives.
(B) Article 43 (b) was added under the Directive Principles of Policy (Part-4) which instructs the State to try to encourage voluntary formation, autonomous circulation, democratic control, and professional management of cooperatives.
(C) Under Article 19 (1) (c), the right to form a union as well as to form a cooperative society was considered a fundamental right.
15. The 100th Constitutional Amendment Act, 2015 – Under this, some areas were exchanged between India and Bangladesh and Indian citizenship was given to the residents of Bangladesh who came to India.
16. 101st Constitution Amendment Act, 2016 – Under this amendment, GST Council has been constituted as per Article 279A. Articles 248, 249, 250, 268, 270, 271, 286, 366, 368 were amended through this Act. The Sixth Schedule and Seventh Schedule were also amended.
Important facts about the examination
- The amendment to the Constitution of India is initiated by the Lok Sabha or the Rajya Sabha.
- The Constitution Amendment Bill is ratified by the state legislature with a simple majority.
- The Mahla Amendment to the Indian Constitution took place in 1951. This amendment was related to land reform methods. This amendment added the Ninth Schedule to the Constitution.
- After the 24th Constitution Amendment Act, 1971, the President is obliged to allow the Constitution Amendment Bill.
Firstly Golaknath v. State of Punjab, the Supreme Court later limited the power of Parliament to amend the Constitution. - In Golaknath v. State of Punjab, the Supreme Court first applied the principle of ‘provisional judgment’.
- The bench hearing the Kesavananda Bharati suit (case) was presided over by Chief Justice Shri Sikri.
- The 97th Constitution Amendment 2011, deals with cooperatives.
- The 86th Constitution Amendment 2002, deals with primary education.
- The Supreme Court rendered the basic structure theory in the case of Kesavanand Bharati.
- The limited strength of Parliament to amend the Constitution is a fundamental feature of the Constitution.
- The constitutions of the United States, Australia, and Switzerland are rigid in nature.
- It is not possible to amend the election process of the Vice President by a simple majority.
