Amendment of Constitution

This article is written by Harshit Khandelwal, 2^nd year Law student currently pursuing BBA-LL.B(Hons.) from Unitedworld School of Law, Karnavati University.

INTRODUCTION

The formal change within the text of the written constitution of a nation or state is known as Amendment of the Constitution. It means any addition, modification or deletion made to the constitution. Amendment of the constitution means making changes to the nation’s supreme law.

Any correction, improvement or revision made to the original constitution is largely referred to as amendment of the constitution.

Why Constitution Amendment is Required?

Constitutional amendment is required to repair the loopholes at the time of enactment of the constitution.
An amendment is made with a view to beat the difficulties which in future may encounter the working of the constitution.
The leaders and folks would have adhered to some extra-constitutional means like violence, thereby diluting the very constitution per se if there had been no constitutional amendment.
Ideals, vision and priorities of the people differ largely from generation to generation, so as to include them, amendment of the constitution is required.

Types of Amendment

There are 3 ways by which the constitution can be amended –

1. Amendment by simple majority of the parliament

In the Indian Constitution there are a lot of provisions which may be amended by a simple majority of both the houses of parliament .

Some of these provisions includes –

1. Use of English Language in Parliament

2. Rules of Procedure in Parliament

3. Admission or establishments of New States

4. Number of Judges in the Supreme Court

5. Union Territories

6. Use of Official Language

2. Amendment by special majority of the parliament

Mostly the provisions in the Constitution need to be amended by the special majority of both the houses of parliament, (i.e., more than 50%) of the total of each house and a two-third majority of the members of each house present and voting.

The provisions which can be amended includes –

1. Directive Principles of State Policy (DPSP)

2. Fundamental Rights (FR)

3. Amendment by special majority of parliament and consent of states

Some of these provisions includes –

1. Any list in the seventh schedule .

2. Supreme Court and High Court

3. Representation of States in Parliament

Scope of Amendment in Constitution of India

From the virtue of Article 368, parliament can amend any part of the constitution including the Fundamental Rights (FR), but keeping in mind that the basic structure is not affected. However, what all constitutes in the basic structure is still to be clarified by the Supreme Court of India.

The following has emerged as a basic structure of the constitution from various judgements –

1. Principle of Equality

2. Rule of Law

3. Judicial Review

4. Free and Fair Elections

5. Independence of Judiciary

6. Parliamentary System

7. Limited power of Parliament to amend the constitution

8. Sovereign , democratic and republic nature of Indian polity

9. Unity and integrity of the nation

10. Reasonableness

Some Important Amendment of the Constitution

1. FIRST AMENDMENT , 1951

a) Three grounds of restrictions on freedom of speech and expression were added i.e., friendly relations with foreign states, public order and incitement to an offence.

b) To protect the land reform and other laws from judicial review 9TH Schedule was added.

c) The states were empowered to make the advancement of socially and economically backward classes.

2. 8^TH AMENDMENT ACT , 1960

a) Article 334 of the constitution was amended because of this act.

b) This amendment extended the term of reservation of seats of the SCs and STs and Anglo-Indians in the Lok Sabha.

3. 10^TH AMENDMENT , 1961

a) Article 240 of the constitution was amended because of this act.

b) Inclusion of Dadra and Nagar Haveli as a Union Territory.

4. 13^th AMENDMENT ACT , 1963

a) Article 120 of the constitution was amended.

b) Formation of Nagaland as a state, with special protection.

5. 15^th AMENDMENT ACT, 1963

a) Retirement age of High court judges from 60 to 62.

b) Appointment of retired high court judges as acting judges of the same court.

c) The retired judge of the high court to act as ad-hoc judge of the supreme court.

6. 24^th AMENDMENT ACT , 1971

a) It was made compulsory for the president to give his approval to a Constitutional Amendment Bill.

b) Pronounce the power of Parliament to amend any part of the constitution including Fundamental Rights (FR).

7. 36^TH AMENDMENT ACT , 1975

a) By the virtue of this amendment, Sikkim became the 22nd State of India.

8. 42^nd AMENDMENT ACT , 1976

a) During the period of internal emergency, this amendment was enacted. The amendment was passed by parliament in November 1976 and received Presidential consent in December 1976.

b) The act also clarified that no questions can be raised in any court of law against any Constitutional Amendment.

9. 54^th AMENDMENT ACT , 1986

a) It talks about the salaries of Judges of both the High Court as well as Supreme Court.

10. 61^st AMENDMENT ACT , 1989

a) This amendment lowered the voting age of Indian Citizens from 21 to 18.

11. 64^th AMENDMENT ACT , 1964

This amendment increased the President’s rule by six months in Punjab.

12. 69^th AMENDMENT ACT , 1969

Delhi was made the national capital of India. Provisions for legislative assembly and council of ministers was also made by this act.

13. 93^rd AMENDMENT ACT , 2006

It talks about giving 27% reservation for backward classes in private higher educational institutions as well as in government.

14. 101AMENDMENT ACT , 2017

This amendment introduced Goods and Service Tax (GST) in the year 2017.

15. 102 AMENDMENT ACT , 2018

This amendment provides National Commission for Backward Classes (NCBC) the constitutional status.

16. 103 AMENDMENT ACT , 2019

This amendment guarantees 10% reservation to Economically Weaker Sections (EWSs).

17 . 104 AMENDMENT ACT , 2020

This amendment increased the reservation of seats for SCs and STs in state assemblies and Lok Sabha.

Till now, 104 amendments were made in the Indian Constitution since 1950.

CONCLUSION

In this article , the author talks about the basic meaning of what the constitution actually is, why is amendment in the constitution required and gives a brief explanation of some important amendments which are made in the constitution till date i.e., till 2020.

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