Yojana [November 2024 Summary] Constitutional Amendments in India- Explained Pointwise

The Constitution of India is the supreme law governing the Indian state. It reflects the nation’s dynamic socio-political, cultural, and economic landscape. Several constitutional amendments have ensured its adaptability, enabling it to address the evolving needs of society while preserving its core principles.

What has been the history of evolution of Indian Constitution?

The foundations of the Indian Constitution were laid during British colonial rule. The evolution of Indian constitution has been marked by pivotal legislative developments.

What is the power of Parliament in Amending the constitution? What are the landmark Constitutional Amendments in India?

Article 368 empowers Parliament to amend the Constitution but excludes fundamental aspects like federalism and fundamental rights. However the Kesavananda Bharati Case (1973) introduced the doctrine of the basic structure, limiting Parliament’s ability to alter core principles such as democracy, the rule of law, and individual freedoms.

Landmark Constitutional Amendments

What is the necessity of Constitutional Amendments in India?

1. Maintain federal balance- The Indian Constitution, with its federal framework and strong unitary bias, has incorporated flexibility through constitutional amendments to maintain a balance of power between the Union and States.

2. Addressing Societal and Economic Changes- Amendments ensure that the Constitution remains relevant and effective in meeting the socio-economic and political needs of contemporary society. For ex- 73rd and 74th Constitutional Amendments (1992) empowered local self-governance through Panchayati Raj institutions and urban local bodies, promoting grassroots democracy.

3. Protection of Fundamental Rights- Constitutional amendments help expand or clarify fundamental rights to reflect evolving societal values. 86th Amendment (2002) made the Right to Education a fundamental right for children aged 6–14 under Article 21A.

4. Resolving Ambiguities and Conflicts- Some constitutional provisions require amendments to address legal ambiguities or conflicts arising during implementation. 42nd Amendment (1976) also known as the “Mini Constitution,” it clarified the relationship between the Centre and states, expanded the Directive Principles of State Policy, and introduced fundamental duties.

5. Strengthening Governance and Democracy- Constitutional amendments improve the efficiency and accountability of institutions and processes. 61st Amendment 1989, lowered the voting age from 21 to 18, ultimately increasing youth participation in democracy.

6. Ensuring Social Justice and Equality- Constitutional amendments have aimed at addressing historic injustices and ensuring inclusivity for marginalized communities. 93rd Amendment 2005, enabled reservation for socially and economically backward classes in educational institutions, including private unaided institutions.

7. Responding to Judicial Interpretation- Certain amendments are necessary to override or clarify judicial interpretations of constitutional provisions. 24th Amendment 1971 affirmed Parliament’s power to amend any part of the Constitution, including fundamental rights.

What are the criticisms of Constitutional amendments?

1. Undermining the Constitution’s Stability- The 42nd Amendment 1976, was criticized for altering the basic structure of the Constitution. This raised concerns about the overreach of the ruling party and the undermining of constitution’s stability.

2. Political Motivations- Many Constitutional amendments have been misused for partisan gains. The 39th Amendment 1975, which placed the election of the Prime Minister beyond judicial review, was widely viewed as a means to protect Indira Gandhi during the Emergency.

3. Weakening of Federalism- Certain amendments have been criticized for centralizing power which has undermined the federal structure of the country. The 42nd Amendment 1976, increased the powers of the Centre at the expense of state autonomy.

4. Lack of Wider Consultation- Some constitutional amendments have been criticized for being rushed through Parliament without adequate public or stakeholder consultation.

5. Risk of Overuse or Abuse- There is a concern that the ease of amending has led to excessive amendments, which in turn reduces the Constitution’s resilience. India has seen over 100 amendments since 1950, compared to the United States, which has only 27 amendments in over 230 years.

Conclusion

The Indian Constitution is a dynamic document that evolves to address contemporary challenges while safeguarding its foundational principles. Constitutional amendments, guided by Parliament and judicial oversight, have shaped India’s democratic and federal framework. Each amendment reflects the nation’s commitment to justice, equality, and governance.