Constitutional Amendment: Safeguarding Core Values 

Context: In its 75 year journey, the Constitution of India has been amended almost 125 times. The ability to amend its provisions has proved to be its strength. This has avoided rigidity and enabled it to adapt to the changing needs of a diverse society, in this context, let us understand the process of amending the constitution. 

Just like any other written Constitution, the Constitution of India also provides for its amendment in order to adjust itself to the changing conditions and needs. However, the procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in the USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both.

Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose. However, the Parliament cannot amend those provisions which form the 'basic structure' of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case' (1973). 

Procedure For Amendment

The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:

1. An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures.
2. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.
3. The bill must be passed in each House by a special majority, that is, a majority of the total membership of the House and a majority of two-thirds of the members of the House present and voting.
4. Each House must pass the bill separately. In case of a disagreement between the two Houses, there is no provision for holding a joint sitting of the two Houses for the purpose of deliberation and passage of the bill.
5. If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
6. After 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.
7. The president must give his/her assent to the bill. He/she can neither withhold his/ her assent to the bill nor return the bill for reconsideration of the Parliament. The 24th Constitutional Amendment Act of 1971 made it obligatory for the President to give his/her assent to a constitutional Amendment Bill.
8. After the president's assent, the bill becomes an Act (i.e., a constitutional amendment act) and the Constitution stands amended in accordance with the terms of the Act.

Types of Amendments

• Article 368 provides for two types of amendments, that is, by a special majority of Parliament and also through the ratification of half of the states by a simple majority. But some other articles provide for the amendment of certain provisions of the Constitution by a simple majority of Parliament, that is, a majority of the members of each House present and voting (similar to the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the Constitution for the purposes of Article 368. Therefore, the Constitution can be amended in three ways:

• Amendment by simple majority of the Parliament,
• Amendment by special majority of the Parliament, and
• Amendment by special majority of the Parliament and the ratification of half of the state legislatures.

1. By Simple Majority of Parliament: Several provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:
   • Admission or establishment of new states.
   • Formation of new states and alteration of areas, boundaries, or names of existing states.
   • Abolition or creation of legislative councils in states.
   • Second Schedule-emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
   • Quorum in Parliament.
   • Salaries and allowances of the members of Parliament.
   • Rules of procedure in Parliament.
   • Privileges of the Parliament, its members, and its committees.
   • Use of English language in Parliament.
   • Number of puisne judges in the Supreme Court.
   • Conferment of more jurisdiction on the Supreme Court.
   •  Use of official language.
   • Citizenship-acquisition and termination.
   • Elections to Parliament and state legislatures.
   • Delimitation of constituencies.
   • Union territories.
   • Fifth Schedule-administration of scheduled areas and scheduled tribes.
   • Sixth Schedule-administration of tribal areas.

2. By Special Majority of Parliament: The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority of the total membership of each House and a majority of two-thirds of the members of each House present and voting. The expression 'total membership' means the total number of members comprising the House irrespective of fact whether there are vacancies or absentees. Strictly speaking, the special majority is required only for voting at the third reading stage of the bill but by way of abundant caution the requirement for special majority has been provided for in the rules of the Houses in respect of all the effective stages of the bill.

The provisions which can be amended by this way includes: 

• Fundamental Rights.
• Directive Principles of State Policy; and
• All other provisions which are not covered by the first and third categories.

3. By Special Majority of Parliament and Consent of States: Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a special majority of the Parliament and also with the consent. of half of the state legislatures by a simple majority. If one or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their consent, the formality is completed. There is no time limit within which the states should give their consent to the bill.

The following provisions can be amended in this way:

1. Election of the President and its manner.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Goods and Services Tax Council'.
6. Any of the lists in the Seventh Schedule.
7. Representation of states in Parliament. 8. Power of Parliament to amend the Constitution and its procedure (Article 368 itself).

Through this amendment process, Parliament has protected the Core values mentioned in Preamble, Fundamental rights and Directive Principles in following ways:

• Ensuring Social Justice: 
  • Abolition of Zamindari System: The 1st Constitutional Amendment (1951) abolished the zamindari system, ensuring land reforms and redistribution to marginalised farmers, thus promoting equity.
  • Reservations for Marginalised Sections: Various amendments, such as the 1st, 93rd, and 103rd Constitutional Amendments, introduced and expanded reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Economically Weaker Sections (EWS) in education and employment.
  • Institutional Support for SC/ST Communities: The 65th and 89th Constitutional Amendments established the National Commission for SCs and STs, providing an institutional mechanism for addressing issues faced by these communities.
• Promoting Political Accountability: 
  • Anti-Defection Law: The 52nd Constitutional Amendment (1985) introduced the anti-defection law to curb political corruption by preventing elected representatives from switching parties for personal gain.
  • Limitation on the Size of Cabinets: The 91st Constitutional Amendment (2003) imposed restrictions on the size of both central and state cabinets, ensuring political accountability and fiscal discipline.
• Democratic Decentralisation
  • Strengthening Local Governance: The 73rd and 74th Constitutional Amendments (1992) gave constitutional status to Panchayats and Urban Local Bodies (ULBs), promoting grassroots democracy and realising the Directive Principles of State Policy (DPSP). This move empowered local governments and enhanced public participation in decision-making.
• Achieving Economic Justice Introduction of the GST: 
  • The 101st Constitutional Amendment (2016) created the Goods and Services Tax (GST) Council, simplifying the taxation structure and promoting economic justice by ensuring uniform tax laws across the country.
• Abrogating Special Provisions for Jammu & Kashmir- Article 370:
  • The abrogation of Article 370 in 2019 has marked a historic moment, removing special autonomy for Jammu & Kashmir and integrating the region more fully into the Indian Union, paving the way for equitable development. 

At the same time, the doctrine of basic structure has guaranteed that our Constitution will certainly endure and adapt for the coming times, and it is up to the elected governments at the Centre and the States to work towards attaining the noble objectives set out in the constitution under the Preamble and Directive Principles without compromising on the Fundamental Rights of its citizens.