AMENDMENTS

INTRODUCTION
Amending the Constitution of India is the process of making changes to the
nation's fundamental law or supreme law. The word Amendment is
derived from ‘to amend’, which means to change for improvement. The
process of making changes to the Country’s elementary or supreme law is
known as Amending the Constitution of India. The procedure of
amendment in the constitution is laid down in Part XX (Article 368) of the
Constitution of India.

CONSTITUENT ASSEMBLY DEBATES (CAD)

The Constituent Assembly debates provide a good insight into the
thinking behind the making of our Constitution. We can divide the
Constitutional Assembly Debate in four major sections:-
1. Preliminary stage (9/12/1946 to 27/01/1948) The guiding principles of the
Constitution were outlined in reports submitted by certain committees
such as the Fundamental Rights and Minorities Committee, Union
Powers Committees, etc. Also, the Drafting Committee was formed to
draft the Constitution.
2. First reading (4/11/1948 to 9/11/1948) Introduction of the draft
constitution in the Assembly.
3. Second reading (15/11/1948 to 17/10/1949) The draft was discussed
clause by clause.
4. Third reading (14/11/1949 to 26/11/1949) The third reading of the
Constitution was completed and it was enacted on 26th November.

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 FACTS RELATED TO THE CADs
The Constituent Assembly spent a total of about 165 days in framing
the Constitution.
Clause by clause discussion was done for about 101 days where the
members discussed the text of the Constitution.
About 36 lakh words were spoken in all and Dr. B R Ambedkar had
the distinction of having spoken the most number of words.
Fundamental rights, included in Part III, was debated for about 16
days, i.e., about 14% of the clause by clause discussion.
The Directive Principles of State Policy (included in Part IV) was
discussed for about 6 days (about 4%).
The concept of citizenship formed about 2% of the clause by clause
discussion among the eminent members of the Assembly. This was
included in Part II.
The members of the Drafting Committee had a higher share in the
discussions since they frequently responded to what other members
had to say on various issues.
Altogether, women members contributed to about 2% of the
discussions. There were only 15 women members in the Assembly and
out of them, only 10 took part in the debates.
Freedom fighter and Congress member, G Durgabai, spoke the
maximum number of words among women members.
Compared to members from the princely states who were nominated
to the Assembly, the members from the provinces took a more active
part in the debates.
Members from provinces contributed to about 85% of the discussions
whereas princely states’ members contributed to about 6%.

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CONSTITUTIONAL PROCEDURE OF AMENDMENT
The procedure for the amendment of the Constitution as laid down in
Article 368 is as follows:
An amendment of the Constitution can be initiated only by the
introduction of a bill for the purpose in either House of Parliament
(Lok Sabha & Rajya Sabha) and not in the state legislatures.
The bill can be introduced either by a minister or by a private member
and does not require prior permission of the president.
The bill must be passed in each House by a special majority, that is, a
majority (that is, more than 50 per cent) of the total membership of
the House and a majority of two-thirds of the members of the House
present and voting. Each House must pass the bill separately.
In case of a disagreement between the two Houses, there is no
provision for holding a joint sitting of the two Houses for the purpose
of deliberation and passage of the bill.
If the bill seeks to amend the federal provisions of the Constitution, it
must also be ratified by the legislatures of half of the states by a simple
majority, that is, a majority of the members of the House present and
voting.
After duly passed by both the Houses of Parliament and ratified by
the state legislatures, where necessary, the bill is presented to the
president for assent. The president must give his assent to the bill.
He can neither withhold his assent to the bill nor return the bill for
reconsideration of the Parliament After the president’s assent, the bill
becomes an Act (i.e., a constitutional amendment act) and the
Constitution stands amended in accordance with the terms of the Act.

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 TYPES OF AMENDMENTS

By Simple Majority
of Parliament

TYPES OF By Special Majority

AMENDMENTS of Parliament

By Special Majority
of Parliament and
Consent of States

By Simple Majority of Parliament

A number of provisions in the Constitution can be amended by a simple
majority of the two houses of Parliament outside the scope of Article 368.
These provisions include:
Admission or establishment of new states.
Formation of new states and alteration of areas, boundaries or names
of existing states.
Abolition or creation of legislative councils in states.
Second Schedule-emoluments, allowances, privileges and so on of the
president, the governors, the Speakers, judges, etc.
Quorum in Parliament.
Salaries and allowances of the members of Parliament.
Rules of procedure in Parliament.
Privileges of the Parliament, its members and its committees.
Use of the English language in Parliament.
Number of puisne judges in the Supreme Court.

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 Conferment of more jurisdiction on the Supreme Court.
Citizenship-acquisition and termination.
Elections to Parliament and state legislatures.
Delimitation of constituencies.
Union territories
Fifth Schedule-administration of scheduled areas and scheduled tribes.
Sixth Schedule-administration of tribal areas.

By Special Majority of Parliament

The majority of the provisions in the Constitution need to be amended by
a special majority of the Parliament, that is, a majority (that is, more than
50 per cent) of the total membership of each House and a majority of two-
thirds of the members of each House present and voting. The expression
‘total membership’ means the total number of members comprising the
House irrespective of fact whether there are vacancies or absentees.
‘Strictly speaking, the special majority is required only for voting at the
third reading stage of the bill but by way of abundant caution the
requirement for special majority has been provided for in the rules of the
Houses in respect of all the effective stages of the bill.
The provisions which can be amended by this way includes:
(i) Fundamental Rights;
(ii) Directive Principles of State Policy; and
(iii) All other provisions which are not covered by the first and third
categories.

By Special Majority of Parliament and Consent of

States
Those provisions of the Constitution which are related to the federal
structure of the polity can be amended by a special majority of the
Parliament and also with the consent of half of the state legislatures by a
simple majority.

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 If one or some or all the remaining states take no action on the bill, it
does not matter; the moment half of the states give their consent, the
formality is completed. There is no time limit within which the states
should give their consent to the bill.
The following provisions can be amended in this way:
1. Election of the President and its manner.
2. Extent of the executive power of the Union and the states.
3. Supreme Court and high courts.
4. Distribution of legislative powers between the Union and the states.
5. Any of the lists in the Seventh Schedule.
6. Representation of states in Parliament.
7. Power of Parliament to amend the Constitution and its procedure
(Article 368 itself).

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 IMPORTANT AMENDMENTS

First Amendment of Indian Constitution, 1951

The amendments made in the first amendment act of 1951 are:
1. Empowering the state legislative socio-economic law keeping in mind
socially and economically backward people.
2. It aimed to abolish land reforms and Zamindari.
3. To defend anti-zamindari laws from review of the judiciary the ninth
schedule was added.
4. It aimed to improve good relations with the other countries.
5. Legalizing State trading and Nationalization of businesses.

The debate for the first amendment lasted over 16 days and was brought
into action 16 months after the adoption of the Indian Constitution.

Thirty-Eighth Amendment of the Indian

Constitution, 1975
The official proclamation of emergency by the President is not
challengeable in the court of law. Any of the ordinances passed by the
President, Governors and administrators of UTs (Union Territories)
cannot be debated in the Court of Law.

Forty-Second Amendment of Indian Constitution,

1976
Adding words such as socialist, secular, integrity to the preamble.
Introducing Part IV-A which included the fundamental responsibility for
the citizens. Making Cabinet advice mandatory for the President.
Freezing the seats of Lok Sabha and State assemblies till 2001, on the
grounds of 1971.
The tenure of Lok Sabha and State assemblies is from 5 to 6 years.

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104th Amendment of Indian Constitution, 2020
Ceased the reservation for SCs and STs in Lok Sabha and state legislative
assemblies to Eighty years, earlier it was seventy years. Ceasing the
reservation for Anglo Indians in Lok Sabha and State Assemblies.

NEW AMENDMENTS

103rd Constitutional Amendment Act

It brought in a 10% reservation for Economically Weaker Sections (EWS)
of society other than Backward Classes, Scheduled Castes, and Scheduled
Tribes for admission to central government and private educational
institutions and recruitment in central government jobs.
The 103rd Constitutional Amendment Act also covers private unaided
educational institutions, except minority educational institutions.
Here, the economic backwardness is to be decided based on family
income.

104 Amendment of Indian Constitution

It ceased the reservation of seats for the Anglo-Indians in the Lok Sabha
and State Legislative Assemblies.
It extended the reservations for SCs and STs for up to ten years. The bill
attempted to amend the Constitution’s Article 334.
The makers of the Indian Constitution had perceived a need for a
reservation system as the socially backward classes were not given their
due share in the process of decision-making, administration, education,
etc.
Reservation in India is a government policy backed by the Indian
Constitution through various amendments.

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The 104th Amendment of Indian Constitution extends the deadline for the
abolition of the reservation of seats by 10 years in the Lok Sabha and
State Legislative Assemblies for members of Scheduled Castes and
Scheduled Tribes. The reservation of seats for the SCs and STs was set to
expire in 2020 as mandated by the 95th Amendment.

106th Amendment Act, 2023

This was the women's reservation bill which reserves one-third of all seats
for women in Lok Sabha, State legislative assemblies, and the Legislative
Assembly of the National Capital Territory of Delhi, including those
reserved for SCs and STs.

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 CRITICISM
1.There is no provision for a special body like Constitutional Convention
(as in the USA) or Constitutional Assembly for amending the
Constitution. The constituent power is vested in the Parliament and only
in few cases, in the state legislatures.
2. The power to initiate an amendment to the Constitution lies with the
Parliament. Hence, unlike in the USA, the state legislatures cannot initiate
any bill or proposal for amending the Constitution except in one case, that
is, passing a resolution requesting the Parliament for the creation or
abolition of legislative councils in the states. Here also, the Parliament can
either approve or disapprove such a resolution or may not take any action
on it.
3. A major part of the Constitution can be amended by the Parliament
alone either by a special majority or by a simple majority. Only in a few
cases, the consent of the state legislatures is required and that too, only
half of them, while in the USA, it is three-fourths of the states.
4. The Constitution does not prescribe the time frame within which the
state legislatures should ratify or reject an amendment submitted to them.
Also, it is silent on the issue of whether the states can withdraw their
approval after according the same.
5. There is no provision for holding a joint sitting of both the Houses of
Parliament if there is a deadlock over the passage of a constitutional
amendment bill. On the other hand, a provision for a joint sitting is made
in the case of an ordinary bill.
6. The process of amendment is similar to that of a legislative process.
Except for the special majority, the constitutional amendment bills are to
be passed by the Parliament in the same way as ordinary bills.
7. They leave a wide scope for taking matters to the judiciary.

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 CONCLUSION
Despite these defects, it cannot be denied that the process has proved to be
simple and easy and has succeeded in meeting the changing needs and
conditions. The procedure is not so flexible as to allow the ruling parties to
change it according to their whims. Nor is it so rigid as to be incapable of
adapting itself to the changing needs.
In a nutshell, we have discussed about the the meaning of Amendments,
its types, Constitutional Assembly Debates (CADs), important & latest
amendments including the criticism of the Amendments.

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