CONSTITUTION AS A LIVING DOCUMENT
1. Can Constitutions be Static?
It is not that uncommon for countries to rewrite constitutions with the changing world. The Soviet Union had four constitutions in its life of 76 years-1918, 1924, 1936 and 1977
- In 1991, the rule of the communist party ended in the Soviet Union and the Soviet Federation disintegrated.
- The newly formed Russian Federation adopted a new constitution in 1993
- The Constitution of India was adopted on 26 November 1949, and its implementation formally started in January 1950, For more than 70 years same constitution has been functioning
Indian Constitution
India has inherited a very robust constitution. The basic framework of the constitution is very much suited for our country. Our Constitution makers especially Dr.Ambedkar are farsighted and think about all the future possible problems and a procedure to amend our constitution. Our constitution accepts necessary modifications according to the changes needed by society. the
2. How to amend our Constitution
Article 368:Parliament may in the exercise of its constituent power amend by a way of addition, variation or repeal any provision of this constitution by the procedure laid down in this article.
Constitution makers thought our constitution should be flexible and rigid.
Flexible-Open to Changes
Rigid-Resistant to changes
By law: it indicates that these articles can be modified by the Parliament without recourse to the procedure laid down under Article 368.
Article 2: Parliament by law admits into the union –new states.
Article 3: Parliament by law increases the area of any state.
There are two methods to amend the Constitution of India
- Amendment can be made by a special majority of the two houses of the parliament.
- It requires a special majority of the Parliament and the consent of half of the state legislature.
All amendments to the constitution have to be initiated only in Parliament: Like any other bill, this bill also goes to the President for his assent, but in this case, the President cannot send it back for reconsideration.
Special Majority
- Both houses of the parliament must pass the amendment bill separately in the same manner. admits
- In the Lok Sabha there are 545 members there, therefore for any amendment to be passed it needs the support of a minimum of 273 members.
- Even if only 300 members are present at the time of voting, the amendment bill must get the support of 273 members.
- In addition to this, both houses must pass the amendment bill separately.
Ratification by states
- For some articles of the constitution, the special majority is not sufficient
- When an amendment is aimed to modify the distribution of powers between Centre and State, or articles related to representation, it is necessary that states must be consulted and give their consent
- Federalism means states should not be at the mercy of the Central Government
- So, the constitution has ensured this by providing that the legislatures of half the states have to pass the amendment bill before it comes into effect.
3. Important Amendments
| Amendments | Description |
| 1st Amendment Act,1951 | Empowered the state to make special provisions to advance socially and economically backwards |
| 7th Amendment Act, 1956 |
Extended High court authority to Union Territories Two or more states to establish a common Court |
| 9th Amendment Act,1960 | Adjustments to the Indian territory as a result of an agreement with Pakistan (Berubari Union) |
| 10th Amendment Act,1961 | Incorporation of Dadra, Nagar and haveli from portugal |
| 11th Amendment Act, 1961 | Changed the election procedure for vice President |
| 12th Amendment Act, 1962 | Goa, Diu and Daman were incorporated |
| 13th Amendment Act, 1962 | Formation of Nagaland state |
| 15th Amendment Act, 1963 |
Enabled High Courts to issue writ petition Increased their retirement age from 60 to 62 |
| 24th Amendment Act, 1971 | Amending Article 13, 368 to change every aspect of the constitution including constitutional rights |
| 26th Amendment Act,1971 | Abolished the purses and privileges of the former rulers of Princely states |
| 31st Amendment Act, 1973 | Seats in Lok Sabha were increased from 525 to 545 |
| 36th Amendment Act, 1975 | Sikkim became the 21st state of India |
| 40th Amendment Act, 1976 | Establishment for Parliament to look after international border and Exclusive Economic Zones |
| 42nd Amendment Act, 1976 |
· Fundamental duties were added · Shifted five subjects from the state list to the concurrent list education, forests, wildlife and bird protection |
| 44th Amendment Act, 1978 |
Replaced the term “internal disturbance” with “armed rebellion” Fundamental rights guaranteed by Article 20 and Article 21 cannot be suspended |
| 61st Amendment Act, 1989 | Reduced voting age from 21 to 18 |
| 65th Amendment Act, 1990 | Established National Commission for SC and STs |
| 69th Amendment Act, 1991 | Delhi Statehood |
| 73rd & 74th Amendment Act, 1992 |
Panchayat Raj Institutions gained Constitutional legitimacy Municipal Institutions gained Constitutional legitimacy |
| 77th Amendment Act, 1995 | A new clause (a) has added to Article 16 of the constitution which empowers the state to make any reservation provisions in favour of SCs and STs |
| 86th Amendment Act, 2002 | The act inserts a new Article Article 21A which confers the right to free and Compulsory education for kids in the age between 6-14 |
| 97th Amendment Act, 2012 | Cooperative Societies were added to the Article 19 |
| 101st Amendment Act,2016 | Goods and Services Tax established |
| 102nd Amendment Act, 2018 | Establishment of National Commission for Backward classes |
| 104th Amendment Act, 2020 |
Expanded seats for SC, ST in Lok Sabha |
|
Previous Year Questions 1. In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights? (upsc 2023) (a) 1st Amendment (b) 42nd Amendment (c) 44th Amendment (d) 86th Amendment Answer: A
2. Consider the following statements: (UPSC 2022) 1. A bill amending the Constitution requires a prior recommendation of the President of India. 2. When a Constitution Amendment Bill is presented to the President of India, it is obligatory for the President of India to give his/her assent. 3. A Constitution Amendment Bill must be passed by both the Lok Sabha and the Rajya Sabha by a special majority and there is no provision for joint sitting. Which of the statements given above are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: B Mains 1. Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? (upsc 2023)
2. “Recent amendments to the Right to Information Act will have profound impact on the autonomy and independence of the Information Commission”. Discuss (upsc 2020)
|
