Article 368 of the Indian Constitution: Amendment Procedures and the Evolving Jurisprudence

Article 368 of the Indian Constitution: Amendment Procedures and the Evolving Jurisprudence

Article 368 of the Indian Constitution is a cornerstone that outlines the procedure for amending the Constitution. As the constitutional bedrock of India undergoes changes and adapts to contemporary challenges, Article 368 plays a pivotal role. This article delves into the constitutional intricacies, explores relevant case laws, and sheds light on the evolving jurisprudence surrounding the amendment process in the current modern era.

Constitutional Provisions:

- Article 368(1): Grants the power to amend the Constitution to the Parliament by adding, varying, or repealing any provision.

  

- Article 368(2): Lays down the special procedure for certain amendments requiring a resolution passed by each House with a two-thirds majority.

- Article 368(3): Provides for amendments that must also be ratified by a majority of the States.

- Article 368(4): Specifies that no amendment under Article 368(2) and (3) can be initiated by the President.

Contemporary Significance:

In the present socio-political landscape, Article 368 is crucial as it delineates the mechanism by which the Constitution can evolve to meet the needs of a dynamic society.

Relevant Case Laws:

Kesavananda Bharati v. State of Kerala (1973):

The landmark Kesavananda Bharati case marked a turning point in constitutional jurisprudence. The Supreme Court, through the Basic Structure Doctrine, held that while Parliament has the power to amend the Constitution, it cannot alter its basic structure. This case laid the foundation for limitations on the amending power.

Sajjan Singh v. State of Rajasthan (1965):

This case clarified that amendments made under Article 368 must be consistent with the Constitution's spirit and objectives.

Indira Nehru Gandhi v. Raj Narain (1975):

In this case, the Supreme Court held that the power to amend the Constitution is not unlimited, emphasizing the supremacy of the Constitution.

Interpretation and Application:

1. Parliamentary Power to Amend:

   - Article 368(1) vests the power to amend the Constitution in Parliament, allowing it to add, vary, or repeal any provision.

2. Special Procedure for Certain Amendments:

   - Article 368(2) outlines a special procedure for specific amendments, requiring a resolution passed by each House with a two-thirds majority.

3. State Ratification for Specific Amendments:

   - Article 368(3) mandates that certain amendments, in addition to parliamentary approval, must also be ratified by a majority of the States.

4. Limitations on Presidential Initiative:

   - Article 368(4) makes it clear that no amendment under Article 368(2) and (3) can be initiated by the President, ensuring a parliamentary origin for amendments.

Challenges and Solutions:

1. Balance between Flexibility and Limitations:

   - The challenge is to strike a balance between the need for flexibility in amending the Constitution and the limitations imposed by the Basic Structure Doctrine.

2. Clarity on Basic Structure:

   - Ensuring clarity on what constitutes the "basic structure" of the Constitution, as identified in the Kesavananda Bharati case, is crucial for maintaining the integrity of the constitutional framework.

Contemporary Socio-Political Dynamics:

In a rapidly evolving society, Article 368 reflects the constitutional foresight in providing a mechanism for amendments while imposing certain limitations to protect the core values of the Constitution.

Conclusion:

Article 368 of the Indian Constitution stands as a testament to the adaptability of the constitutional framework. The Kesavananda Bharati case, among others, has played a pivotal role in shaping the understanding of the limitations on the amending power. In the contemporary era, where the Constitution must evolve without compromising its foundational principles, Article 368 remains a crucial instrument in India's constitutional journey.