Model Answer
0 min readIntroduction
The Indian Constitution, drafted by the Constituent Assembly, is a living document designed to adapt to evolving societal needs. Article 368 outlines the procedure for its amendment, a process deliberately crafted to be neither rigidly inflexible nor easily susceptible to arbitrary changes. This unique blend of adaptability and protection distinguishes it from constitutions that are either too easily modified or excessively difficult to alter. Recent debates surrounding issues like the abrogation of Article 370 highlight the ongoing discussion about the balance between amending power and constitutional sanctity. This answer will elaborate on the intricacies of this procedure, showcasing its unique nature.
The Amendment Process: A Framework
Article 368 of the Indian Constitution details the procedures for amending the Constitution. It classifies amendments into three categories based on the level of complexity required for their passage:
Category A: Amendments by a Simple Majority (Special Majority)
These amendments require a majority of the members present and voting in each House of Parliament, where the majority must include at least two-thirds of the total membership of that House. Examples include amendments relating to the representation of the states in Parliament, the salaries of judges, and the duration of the Lok Sabha and Rajya Sabha.
Category B: Amendments by a Special Majority (Four-Sevenths Majority)
These amendments require a majority of not less than four-sevenths of the total membership of each House of Parliament and must also be ratified by a majority in a majority of the state legislatures. This category covers amendments relating to fundamental rights, election procedures, the powers of the judiciary, and the representation of the states.
Category C: Amendments by a Special Majority and Ratification by Half the States
This category, the most stringent, requires a majority of not less than four-sevenths of the total membership of each House of Parliament and ratification by a majority in at least half of the state legislatures. These amendments concern the basic structure of the Constitution (Doctrine of Basic Structure), which cannot be amended.
Why is the Procedure "Unique"?
The amendment procedure’s uniqueness stems from its layered approach. It's not rigid because it allows for changes through various procedures. However, it’s not easy because it incorporates multiple safeguards:
- Requirement of Special Majorities: The four-sevenths majority and ratification requirement ensure broad consensus before changes are made, preventing decisions based on fleeting political whims.
- State Involvement: The ratification requirement involving state legislatures ensures that the interests of the states are considered, maintaining a federal balance.
- Judicial Review: The Supreme Court of India has the power to review amendments and declare them unconstitutional if they violate the "basic structure" doctrine.
- Doctrine of Basic Structure: This doctrine, established in the Kesavananda Bharati v. State of Kerala (1973) case, prevents amendments that fundamentally alter the Constitution's core principles.
Illustrative Examples and Case Studies
The 42nd Amendment Act of 1976, passed during the Emergency, significantly altered numerous provisions. However, several of its provisions were later struck down by the Supreme Court for violating the basic structure doctrine, demonstrating the judiciary's role in safeguarding the Constitution.
| Amendment Category | Majority Required | Ratification Required? |
|---|---|---|
| Category A | Simple Majority | No |
| Category B | Four-Sevenths Majority | Yes (Majority in a majority of State Legislatures) |
| Category C | Four-Sevenths Majority | Yes (Majority in at least Half of State Legislatures) |
Criticisms and Debates
Despite its safeguards, the amendment process has faced criticism:
- Potential for Abuse: Concerns exist that the amendment process can be misused by governments with overwhelming majorities.
- Lengthy Process: The ratification process can be time-consuming, potentially delaying necessary changes.
- Impact on Federalism: The requirement of state ratification can create friction between the Centre and the states.
The Abrogation of Article 370: A Case Study
The revocation of Article 370 in 2019, granting Jammu and Kashmir special status, was carried out using the "Special Majority" procedure (Category B). This sparked significant debate and legal challenges regarding the process's adherence to constitutional principles and its impact on the state's autonomy. The Supreme Court is currently hearing challenges related to the process.
Recent Developments
The 103rd Constitutional Amendment Act, 2019, which provides for 10% reservation for Economically Weaker Sections (EWS) in government jobs, illustrates the application of the four-sevenths majority and ratification process. This demonstrates the ongoing evolution of the amendment process in response to societal changes.
Conclusion
The Indian Constitution’s amendment procedure is a testament to the framers’ foresight, striking a balance between the need for adaptability and the imperative of safeguarding fundamental principles. While criticisms regarding potential abuse and delays exist, the layered approach, involving parliamentary majorities and state ratification, along with judicial review, contributes to its uniqueness. The ongoing debates and judicial scrutiny of amendments like the revocation of Article 370 underscore the continued relevance and importance of this carefully crafted process in maintaining the Constitution’s integrity and relevance.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.