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(GIST OF YOJANA) Evolution of the Indian Constitution: Constitutional Amendments

(NOVEMBER-2024)

Evolution of the Indian Constitution: Constitutional Amendments

Introduction

The Indian Constitution was born from a century of British colonial domination, during which a variety of legislative actions established administrative norms. Crafted to align with the dynamic aspirations of Indian society, the Indian Constitution features a distinctive amendment procedure, which is more flexible than other federal frameworks, allowing for 106 amendments to date. This flexibility guarantees that the Constitution continues to be pertinent amidst evolving socio-political contexts.

Evolution of the Constitution During British Rule

British Legislative Framework:

The Indian Constitution is heavily influenced by laws passed by the British, particularly:

Councils Act of 1909
Government of India Act of 1919
Government of India Act of 1935

Constitutional Features Derived:

These legislative measures established parliamentary governance, federalism, and a centralized administration.
Government of India Act 1935: Laid the foundation for India’s Constitution, with around 65% of its clauses included.

Amendment Process in Federal Systems

Comparative Rigidity: Federal constitutions typically mandate a stringent amendment process, requiring:

Unique majorities in federal legislatures.
State approval for specific provisions (e.g., the U.S. Constitution).

Indian Flexibility: While the amendment process is more flexible, changes have substantially modified the Constitution’s initial structure, leading to assertions from critics like Acharya Kripalani that after the 42nd Amendment (1976), the original spirit had diminished.

Importance of Constitutional Amendments

Reflecting Changing Aspirations: A constitution is a dynamic document that must adjust to socio-economic transformations to prevent becoming outdated.
Article 368: The framers included Article 368 to facilitate a formal amendment process, acknowledging the need for adaptation.

Procedures for Amending the Constitution

The Indian Constitution describes three methods of amendment:

By Simple Majority: Mainly for structural adjustments (e.g., Article 2 for the inclusion of new states, Article 3 for state borders).
Special Majority (Article 368): Utilized for the majority of amendments, necessitating a two-thirds majority in both houses of Parliament.
Special Majority + State Ratification: Required for amendments impacting federal provisions (e.g., GST), necessitating ratification from at least half the states.

Scope of Parliamentary Powers for Amendments

Initial Wide Powers: The Supreme Court originally asserted (Shankari Prasad, 1951; Sajjan Singh, 1964) that Parliament could modify any section, including fundamental rights.

Constraints on Amending Fundamental Rights: Golaknath Case (1967) limited Parliament’s amendment authority concerning fundamental rights, declaring them inviolable.
24th Amendment Act (1971): Overturned Golaknath by modifying Articles 13 and 368, affirming that Parliament could revise fundamental rights.

Kesavananda Bharati Case and the Basic Structure Doctrine

Doctrine Establishment: In the Kesavananda Bharati Case (1973), the Basic Structure Doctrine was established, claiming that fundamental constitutional aspects cannot be altered.

Key elements protected under this doctrine include:

Supremacy of the Constitution
Republican and democratic values
Secularism
Federalism
Judicial Independence

Judicial Review Cases:

Subsequent cases (Minerva Mills, 1980; I.R. Coelho, 2007) reaffirmed this doctrine, barring amendments that would jeopardize these principles.
The 99th Amendment (NJAC) was invalidated for undermining judicial independence.

Landmark Constitutional Amendments

First Amendment (1951): Established justified limitations on freedom of speech and created the Ninth Schedule to protect land reforms from judicial scrutiny.

Seventh Amendment (1956): Facilitated the reorganization of states based on language, as recommended by the Afzal Ali Committee.

Forty-Second Amendment (1976): Dubbed the Mini-Constitution for its extensive changes during the Emergency, which included:

Inclusion of Fundamental Duties.
Directive Principles expanded with provisions like Free Legal Aid and Environmental Protection.
Restricted judiciary’s authority and broadened Parliament’s amendment powers.

Forty-Fourth Amendment (1978): Addressed the emergency-related changes by:

Replacing “internal disturbance” with armed rebellion.
Changing Right to Property from fundamental to legal status.

Fifty-Second Amendment (1985): Introduced the 10th Schedule, targeting political defection through the Anti-Defection Law, later strengthened by the 91st Amendment.

Sixty-First Amendment (1988): Reduced the voting age from 21 to 18, enhancing youth engagement in democracy.

73rd and 74th Amendments (1992): Empowered local governance by institutionalizing Panchayati Raj Institutions (PRIs), ensuring representation for women and SC/ST communities.

99th Amendment (2014): Sought to replace the collegium system with the National Judicial Appointments Commission (NJAC), ultimately found unconstitutional.

101st Amendment (2016): Launched GST, harmonizing tax systems across states and promoting cooperative federalism.

106th Amendment (2023): Allocated 33% of seats for women in Parliament and state legislatures, bolstering women’s representation in the legislative sphere.

Way forward:

Constitutional amendments have had a profound impact on India’s political, social, and economic landscape. Numerous amendments aimed to elaborate or refine constitutional clauses. Specific amendments, particularly the 42nd, imposed limitations on freedoms and curtailed judicial independence. The majority of amendments have responded to shifting societal requirements, upholding democratic principles while uplifting marginalized communities.