The Indian Constitution is a living document that provides the framework for the country’s governance. It outlines the rights and duties of citizens, the structure of the government, and the relationship between the Union and the States. However, as the needs of society evolve, so must the Constitution. That’s where Part XX comes in, which outlines the procedures for amending the Constitution.
Part XX consists of only one article, Article 368, which specifies the procedures for amending the Constitution. According to Article 368, an amendment can be made to any part of the Constitution, including Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy), provided it does not alter the Constitution’s basic structure. The basic structure doctrine was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973, and it holds that certain fundamental features of the Constitution, such as the democratic and secular nature of the Indian state, cannot be altered through the amendment process.
The amendment process involves several steps. The first step is the introduction of a bill to amend the Constitution, either in the Lok Sabha (Lower House of Parliament) or the Rajya Sabha (Upper House of Parliament). The bill must be passed by a two-thirds majority of the members present and voting in each House. If the amendment seeks to make any changes to the federal nature of the Constitution, it must also be ratified by the legislatures of at least half of the States before being presented to the President for assent.
Once the President receives the bill, they have three options: to give assent, to withhold assent, or to return the bill for reconsideration. If the President gives assent, the amendment becomes part of the Constitution. If the President withholds assent, the bill does not become law. If the President returns the bill for reconsideration, the Parliament can either make changes to the bill and resubmit it or send it back to the President in its original form.
However, certain provisions of the Constitution cannot be amended by the ordinary procedure. For example, Article 368 itself cannot be amended, and amendments to certain provisions require a special majority of two-thirds of the members present and voting, as well as ratification by at least half of the States. These provisions include the distribution of powers between the Union and the States, the powers of the Supreme Court and the High Courts, and the election of the President and the Vice-President.
In conclusion, Part XX of the Indian Constitution outlines the procedures for amending the Constitution, which is a critical aspect of keeping the Constitution relevant and responsive to the needs of society. While the amendment process is straightforward, certain provisions of the Constitution are protected by the basic structure doctrine and require a special majority and ratification by the States. Understanding the amendment process and its limitations is essential to ensuring that the Constitution remains a dynamic and effective document that upholds the values and principles of the Indian state.