HPAS 2020 GS2 Question 3

HPAS 2020 Mains GS-2 Question 3

Discuss the amendment procedure of the Indian Constitution.

Solution:

The Constitution of India provides a unique amendment process that balances flexibility with rigidity. Under Article 368 in Part XX, the Parliament is vested with the constituent power to amend the Constitution while ensuring that its basic foundation remains secure.

[Image of the process of constitutional amendment in India under Article 368 flowchart]

1. Types of Amendment Procedures

There are three ways the Constitution can be amended:

• By Simple Majority: Certain provisions can be amended like ordinary laws (e.g., admission of new states, abolition of second chambers in states). These are not considered amendments under Article 368.
• By Special Majority: Most provisions (like Fundamental Rights and DPSPs) require a majority of the total membership of each House and a majority of two-thirds of the members present and voting.
• By Special Majority and Ratification: For provisions affecting the federal structure (e.g., election of the President, GST Council, Supreme Court powers), the amendment requires a special majority in Parliament plus ratification by half of the State Legislatures.

[Image of the types of majorities for constitutional amendments in India diagram]

2. Procedural Steps under Article 368

1. Introduction: An amendment can be initiated only in either House of Parliament, not in state legislatures. It can be introduced by a Minister or a private member.
2. Prior Permission: No prior permission of the President is required to introduce the bill.
3. Separate Passing: The bill must be passed in each House separately. There is no provision for a joint sitting in case of a deadlock on a Constitutional Amendment Bill.
4. Presidential Assent: Once passed by both Houses (and ratified by states if required), the bill is presented to the President. The President must give assent to the bill; he can neither withhold assent nor return it for reconsideration (24th Amendment Act, 1971).

3. Limitations: The Basic Structure

While Article 368 gives Parliament wide powers, the Kesavananda Bharati case (1973) established that the Parliament cannot use this power to alter or destroy the “Basic Structure” of the Constitution.

Concise Model Answer (150-Word Limit)

The amendment procedure of the Indian Constitution is laid down in Article 368. It is neither as flexible as the British Constitution nor as rigid as the American Constitution. The procedure involves:

• Initiation: Can be introduced in either House of Parliament by a minister or private member without prior presidential consent.
• Voting: Must be passed by each House separately with a Special Majority (2/3rd present and voting + absolute majority). Federal provisions require additional ratification by half of the states.
• No Joint Sitting: In case of disagreement between Houses, the bill lapses as no joint sitting is permitted.
• Finality: The President must give assent to a Constitution Amendment Bill.

This mechanism ensures that the Constitution adapts to changing times while protecting its core identity through the “Basic Structure Doctrine.”