Amendability of Indian Constitution
The Indian Constitution stands as the nation’s guiding legal framework, safeguarding fundamental rights and democratic values. As society evolves, questions arise about whether these core principles should be amendable. This article examines the amendability of the Constitution, focusing on Part 3 rights and the limitations on changing fundamental rights.
Understanding the Power to Amend: Article 368
Article 368 of the Indian Constitution grants Parliament the authority to amend the document. This power ensures that the Constitution remains relevant in changing social and political landscapes. However, this power is not unlimited. The basic structure doctrine—established by the Supreme Court in Kesavananda Bharati vs. State of Kerala (1973)—places essential limits on Parliament’s amendment powers.
Key Provisions and Limitations of Article 368
- Article 368(1): Empowers Parliament to amend the Constitution.
- Article 368(2): Specifies the amendment procedure, requiring both a majority of the total membership in each House and a two-thirds majority of those present and voting.
- Article 368(4) and (5): Introduced in the 42nd Amendment to make certain amendments immune from judicial review, these clauses were later struck down by the Supreme Court as unconstitutional.
These provisions support flexibility in the Constitution while emphasising the judiciary’s role in maintaining constitutional integrity.
Can Fundamental Rights Be Amended?
A major question in Indian law is whether fundamental rights are amendable. Fundamental rights—such as equality and free speech—are central to India’s democracy. While Article 368 permits Parliament to amend any part of the Constitution, the basic structure doctrine ensures that these rights cannot be eroded beyond recognition.
The 24th Amendment (1971) illustrates this balance. This amendment reclassified property rights from fundamental to legal rights, enabling land reforms. Article 13 further affirms that laws contradicting fundamental rights are void, ensuring their protected status.
Judicial Oversight and the Basic Structure Doctrine
The Supreme Court has set limits on amendments to protect the Constitution’s core. In Kesavananda Bharati, the Court ruled that while Parliament can amend the Constitution, it cannot alter its basic framework. The I.R. Coelho vs. State of Tamil Nadu (2007) case reinforced this principle, declaring that amendments breaching fundamental rights or core principles are unconstitutional.
Challenges in Amending Fundamental Rights
Amending fundamental rights is a complex process. The special majority required by Article 368 can be difficult to achieve. Concerns also exist regarding potential misuse of amendment powers. Public discourse and judicial review play crucial roles in evaluating proposed amendments and protecting citizens’ rights.
Insights: Balancing Flexibility with Safeguards
Amendability supports the Constitution’s adaptability. However, maintaining a balance between flexibility and stability is key. Judicial scrutiny and public discussions around amendments help ensure that the Constitution’s core values are protected.
Outlook on Constitutional Amendability of Indian Constitution
As India progresses, constitutional amendments will be needed. The basic structure doctrine will remain a safeguard, ensuring that essential democratic values endure. The judiciary’s oversight ensures that changes align with the Constitution’s ethos, allowing it to be both resilient and adaptable.
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