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What are the principles and procedures of constitutional amendment? Explain why constitutional amendment is necessary and how it can be done in India with suitable examples.
Answer:
Answer by Student
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Constitutional amendment
is the process of c
hanging or adding to the provisions of the Constitution.
It is done to update, improve, or adapt the Constitution to the changing needs and aspirations of the society.
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Constitutional amendment is necessary because the
Constitution is a living document that reflects the values and ideals of the people.
It is not a rigid or static document that cannot be changed or modified. It is also necessary because the Constitution has to deal with new situations and challenges that arise due to social, economic, political, or technological changes.
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Constitutional amendment can be done in India by following the procedures laid down in
Article 368
of the Constitution. There are three types of procedures depending on the nature and extent of the amendment:
- The first type requires a simple majority of both Houses of Parliament. This type of amendment can be done for matters such as admission or creation of new states, formation of new High Courts, etc.
- The second type requires a special majority of both Houses of Parliament. This type of amendment can be done for matters such as fundamental rights, directive principles, executive and legislative powers, etc.
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The third type requires a
special majority
of both Houses of Parliament and
ratification
by at least half of the state legislatures. This type of amendment can be done for matters such as election of President, distribution of powers between the Union and the states, Supreme Court and High Courts, etc.
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Some examples of constitutional amendments in India are:
- The Forty-second Amendment (1976) added new words to the Preamble such as socialist, secular, and integrity. It also added new fundamental duties and directive principles for the citizens.
- The Seventy-third Amendment (1992) gave constitutional status to the Panchayati Raj institutions and empowered them to function as self-governing units of rural administration.
- The Constitution of India has been amended 103 times so far, which shows that it is a flexible and dynamic document that can accommodate the changing needs and aspirations of the people. However, the basic structure and spirit of the Constitution cannot be altered or destroyed by any amendment. This ensures that the Constitution remains supreme and safeguards the democratic values and principles of the country.
