Indian Constitution Amendments: Evolution of a Vibrant Democracy 1200 Words
Indian Constitution, adopted on 26th January 1950 is indeed a remarkable document representing the aspirations of a great, diverse, and vibrant society. When first drafted, it was welcomed as a symbol of justice, liberty, equality, and fraternity. Since then, this living document has evolved through amendment, giving place to changing societal needs and emerging challenges while reflecting maturity of Indian democracy. This paper studies the need, background, and essential amendments in the Indian Constitution, specially with a focus on its role in the new India.
Need of Amending the Indian Constitution
A constitution provides a body of governance in a country. A constitution should rather provide stability to a country than fixity. A social, economical, and political giant, like India, required going through the process of adaptation which was bound to come under the making of the constitution. Hence, Article 368 is said to provide the mechanism of amendment in the Indian Constitution to maintain a balance between rigidity and flexibility. It has proved to be quite useful in dealing with issues the drafters could not envision, keeping the Constitution alive with changing times.
Process of Amendments
The Indian Constitution prescribes three types of amendments:-
Simple Majority Amendments:-
These are passed with a simple majority of members present and voting in the Parliament. Such provisions include those not dealt with by Article 368, such as the creation of new states or changes in schedules.
Special Majority Amendments:-
An amendment that requires a two-thirds majority of members present and voting plus a majority of the total membership of each House of Parliament is called a special majority amendment. Most provisions under Article 368 fall under special majority amendments.
Special Majority with State Ratification:-
Amongst those some of the amendments- specifically the ones dealing with federalism require not only special majority in Parliament but should also be ratified by the legislatures of at least half of the states as well. That way, the states get represented in the decisions which may impact upon the federal arrangements.
Important Amendments of Indian Constitution
The Indian Constitution has been amended 105 times since its enactment (till 2023). Thus, each of the amendments reflects the changing needs and priorities of the nation. A few landmark amendments which have shaped Indian governance and socio-political space are as follows:
First Amendment, 1951:-
It concerned the judicial barriers to land reform laws and imposed reasonable restrictions on freedom of speech. Further, it emphasized the state’s commitment to socio-economic equality and defined the limits of fundamental rights.
Seventh Amendment, 1956 It restructured states based on languages that marked a changeover point of India’s federal formation. It also reassigned the relationship between Union and the States in tandem with rising needs of the administrative of the country.
Twenty-Fourth and Twenty-Fifth Amendments (1971):-
These amendments further strengthened the amendment power of Parliament, even going to the extent of touching fundamental rights. They were passed in response to the judgment of the Supreme Court in the Golaknath case (1967), which had restricted the amending authority of Parliament.
Fortieth Amendment (1976):-
It is also referred to as “Mini-Constitution” because it was the fact that brought amendments into being under Emergency. Amendments increased the Directive Principles of State Policy, diluted judicial power, and appended the words “Socialist” and “Secular” in Preamble. Several parts were reversed later; however, to its credit, it has gained a status in the hearts of some as one of the most important amendments that ever came into India.
Forty-Fourth Amendment (1978):-
The amendment was a corrective measure to the imbalance that had developed between the Parliament and the judiciary. It rolled back most of the provisions of the Forty-Second Amendment. It also struck down the right to property as a fundamental right, showing commitment on the part of the state towards land reforms.
Seventy-Third and Seventy-Fourth Amendments, 1992:-
It was the introduction of the third tier of governance through Panchayati Raj institutions and Urban Local Bodies, which can be considered a landmark for the decentralization of power and grassroots democracy.
Eighty-Sixth Amendment, 2002:-
This introduced education as a fundamental right for all children in the age group of 6 to 14 years, emphasizing further the commitment of the state toward universal education.
One Hundred and First Amendment, 2016:-
It was the first amendment which brought GST to integrate the indirect tax structure of India and to foster cooperative federalism.
Role of Judiciary in Constitutional Amendments
Judiciary, particularly the Supreme Court of India, has been the most important authority that interpreted and gave shape to constitutional amendments. The doctrine of the “basic structure” came forth from the landmark Kesavananda Bharati case of 1973 where the Court ruled that though Parliament can amend the Constitution, it cannot change its basic structure. This doctrine, therefore, acts as a check on the probable misuse of the amending power and preserves the very basic principles of the Constitution.
Constitutional Amendments Challenges and Criticisms
Despite all this being essential to fit the times, amendments certainly do not go scot free through the years. There are quite a few challenges and criticisms, such as the following:
Overuse of amendment power:-
Due to frequent amendment, people have apprehensions over erosion of the sanctity of constitutions. Amendment critics argue that some narrow political interests, rather than for general welfare, gain under the amendatory power.
Centralization of Power:-
Most of the amendments, especially the amendments pertaining to the Emergency are criticized for centralizing powers at the center and destroying the very basis of federalism.
Judicial Overreaches:-
The role which the judiciary played in striking the violative amendments of the basic structure at times threw judicial overreaches into such areas and whether one branch of the Government was enjoying excesses than the others.
Public Engagement:-
Strong debate and consultation are rarely there concerning the constitution amendments, leading to an obscuring of public affairs, which again lowers the power of democratic participation.
Road Ahead
The country goes along as a vital democracy with the process of amendments taking care that no alteration could undermine the foundational principles. It does that through:
Strong Debate and Consultation:-
Involvement by and fro various stakeholders-be they civil society or academic or citizen-can only enhance legitimacy and efficiency of the amendment.
Sagacious Use of Amendment Power:-
The policymakers need to restrain themselves and prioritize long-term national interest over short-term political gain.
Strengthening Federalism:-
The amendments, if they touch the federal structure, should ensure effective involvement of states to sustain the philosophy of cooperative federalism.
The judiciary has to remain a sentinel at the door of amendments ensuring that the basic structure remains inviolate.
Conclusion:-
Amendments in the Indian Constitution depict the dynamism and changeability of the Indian democracy. This capability to absorb the changing trends of time without sacrificing the very fundamentals speaks for the nation itself. It is a living document that houses over a billion people’s dreams and contains within it the potential for governance, stable as well as dynamic. It is the process of constitutional amendment which, in turn, stands to symbolize constant discussion, vigil, and dedication towards justice, liberty, equality, and fraternity. That is where lies the strength of the Indian Constitution and the promise of Indian democracy.
Also Read :- The Indian Constitution: Breaking Down Parts, Articles, and Schedules 1100 Words