Here are the top 50 facts about the Amendment Procedure of the Indian Constitution, explained in detail to address common confusions and aid UPSC CSE preparation:
Part XX of the Constitution: The amendment procedure is detailed in Part XX (Article 368).
Rigidity and Flexibility: The Indian Constitution is both rigid and flexible, allowing for easy or complex amendments based on the provision.
Article 368: Empowers Parliament to amend the Constitution and lays out the procedure.
Three Types of Amendments:
- By a simple majority of Parliament.
- By a special majority of Parliament.
- By a special majority with ratification by half of the state legislatures.
No Time Limit for Ratification: There is no time limit for state legislatures to ratify an amendment requiring their approval.
Not a Constitutional Amendment: Changes by simple majority are not considered formal amendments under Article 368.
Initiation of Amendment: Only Parliament can initiate constitutional amendments; states have no such power.
Amendment Bills in Parliament: These can be introduced in either House, but they require special procedures.
Special Majority: Requires a majority of the total membership of the House and at least two-thirds of the members present and voting.
No Presidential Veto: The President cannot withhold assent to a constitutional amendment bill once it has been passed.
Amendments by Simple Majority: Examples: Reorganization of states, changes in the names of states, delimitation of constituencies.
Amendments by Special Majority: Examples: Fundamental Rights (e.g., 1st, 24th Amendments), Directive Principles.
Special Majority with State Ratification: Examples: Changes to federal structure, election of the President, distribution of legislative powers.
Schedule 7 Involvement: Amendments affecting the Union-State relationship often require state ratification.
Amendment Without Article 368: Some provisions, like the abolition of privy purses, were amended outside Article 368.
Constituent Power: Article 368 gives Parliament constituent power, distinct from its legislative power.
Basic Structure Doctrine: Established by the Kesavananda Bharati case (1973), limits Parliament’s power to amend the Constitution.
Amendments Affecting Fundamental Rights: Fundamental Rights can be amended, provided the basic structure is not violated (e.g., 1st, 24th Amendments).
Judicial Review: Constitutional amendments are subject to judicial review to ensure compliance with the basic structure.
Difference from Ordinary Legislation: Amendments involve stricter procedures than ordinary legislative acts.
1st Amendment (1951): Introduced reasonable restrictions on Fundamental Rights and added the Ninth Schedule.
7th Amendment (1956): Reorganized states based on language.
24th Amendment (1971): Made it mandatory for the President to give assent to constitutional amendment bills.
25th Amendment (1971): Gave primacy to Directive Principles over Fundamental Rights in certain cases.
42nd Amendment (1976): Known as the “Mini-Constitution,” it added Fundamental Duties and enhanced the power of Parliament.
44th Amendment (1978): Reversed many provisions of the 42nd Amendment and strengthened Fundamental Rights.
52nd Amendment (1985): Introduced the Anti-Defection Law.
61st Amendment (1989): Reduced the voting age from 21 to 18.
73rd and 74th Amendments (1992): Strengthened local self-governance by institutionalizing Panchayati Raj and Urban Local Bodies.
86th Amendment (2002): Made education a Fundamental Right for children aged 6–14 years.
Can Fundamental Rights Be Amended? Yes, but not in a way that violates the basic structure (Kesavananda Bharati case).
Role of States in Amendment: States participate only in amendments requiring ratification, and their approval is not subject to time limits.
President’s Role: The President’s assent is mandatory for an amendment, but the bill cannot be returned.
Amendment and Referendum: Indian Constitution does not mandate a referendum for constitutional amendments.
Comparison with Other Countries: Unlike the USA, where amendments require a three-fourths majority of states, India requires only half of the states.
Not All Changes Are Amendments: Changes like delimitation of constituencies and reorganization of states are not considered constitutional amendments.
Basic Structure Doctrine Ambiguity: The doctrine does not define what constitutes the basic structure, leaving it to judicial interpretation.
Amendments and Emergency: During Emergency (42nd Amendment), Parliament significantly curtailed Fundamental Rights.
State Legislatures’ Power: States cannot propose amendments to the Constitution.
Amendment Challenges: Amendments like the CAA and abrogation of Article 370 have faced legal and political scrutiny.
Global Comparison: Indian amendment procedure is less rigid than the USA but more complex than the UK.
First Amendment Debate: Introduced soon after the Constitution’s adoption, sparking debates on restrictions to Fundamental Rights.
Constitutional Morality: Ensures amendments align with democratic values and rights.
Ninth Schedule Controversy: Laws in the Ninth Schedule were initially immune to judicial review but are now subject to the basic structure test.
Financial Implications: Amendments impacting taxation or revenue distribution often require careful negotiation with states.
Regional Autonomy vs. Union Supremacy: Federal amendments can cause tensions between the Union and states.
Amendments and Social Justice: Amendments like the 93rd (providing reservation in education) highlight efforts to promote equity.
Controversial Amendments: Examples include the 42nd Amendment (excessive centralization) and 99th Amendment (NJAC Act struck down).
Judicial Activism: Courts have played a significant role in shaping the limits of amendment powers.
Future of Amendments: Evolving socio-political dynamics will continue to test the balance between constitutional rigidity and flexibility.