AMENDMENT OF CONSTITUTION OF INDIA

 Indian Constitution is the bulkiest constitution of the world. The concept of its amendment procedure has been borrowed from South Africa. It is partly rigid and partly flexible in nature.

Part XX, Article 368 ,Constitution of India - 

368. Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding

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

(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in

(a)    Articles 54, 55,  73,162  or Article 241; or

(b)   Chapter IV of Part V , Chapter V of Part VI  or Chapter I of Part IX; or

Any of the lists in the Seventh schedule, or  

 (d) the representation of States in Parliament, or

(e) the provisions of this article, the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President for assent

(3) Nothing in Article 13 shall apply to any amendment made under this article

(4) No amendment of this Constitution (including the provisions of Part III) made or purporting to have been made under this article whether before or after the commencement of Section 55 of the Constitution (Forty second Amendment) Act, 1976 shall be called in question in any court on any ground

(5) For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS

As such, base on the procedure of amendment, the Articles in Indian Constitution may be divided into three categories    

(1)                Amendment by Simple Majority – Arts. 5, 169 and 239A – this refers to a majority  of more than 50 %  of the members present and voting.

(2)                We know that the Total strength/members of the house: 545

(3)                Say on a particular day , the total members of the house present: 400 (excluding the abstaining and absentee members)

(4)                Simple majority needed is = 201

 

Some Important Amendments inserted in Indian Constitution, since independence - Pl. refer to the following link  - 

https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:35c25e00-a68d-4f5e-af5a-9244738ccca9

Some landmark cases  relating to the Amendment of Indian Constitution – Pl. refer to the following link  : 

https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:1bf0ee9d-37cc-43a3-be5b-545b0cb852dc

BASIC    STRUCTURE    DOCTRINE

There is no mention of the term “Basic Structure” anywhere in the Indian Constitution. The idea that the Parliament cannot enact laws that would amend the basic structure of the constitution evolved gradually over time and many cases. The idea is to preserve the nature of Indian democracy and protect the rights and liberties of people. This doctrine helps to protect and preserve the spirit of the constitution document.

It was the Kesavananda Bharati case,1973, that brought this doctrine into limelight. It held that the “basic structure of the Constitution could not be abrogated even by a constitutional amendment”.

This case was decided by a 7:6 majority for the largest ever constitutional bench of Indian legal history comprising of 13 Hon’ble Judges. The case was hear for long 68 days.

The Hon’ble Court said – “If the historical background, the Preamble, the entire scheme of the Constitution, the relevant provisions thereof including Article 368 are kept in mind there can be no difficulty in discerning that the following can be regarded as the basic elements of the Constitutional structure. (These cannot be catalogued but can only be illustrated).

1. The supremacy of the Constitution.
2. Republican and Democratic form of Government and sovereignty of the country.
3. Secular and federal character of the Constitution.
4. Demarcation of power between the legislature, the executive and the judiciary.
5. The dignity of the individual (secured by the various freedoms and basic rights in Part III and the mandate to build a welfare State contained in Part IV.
6. The unity and the integrity of the nation.
7.            ................................................. 

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