Amendment of the Indian Constitution: Process, Key Provisions, and Landmark Judgments -

Amendment of the Indian Constitution

The Indian Constitution, enacted on January 26, 1950, is a dynamic document designed to evolve with India’s changing legal, political, and social landscape. Its amendment process ensures flexibility while safeguarding core principles, allowing the Constitution to address emerging challenges in constitutional law and social settings, such as family laws, gender equality, and federal governance. This article provides a comprehensive overview of the amendment process, key provisions, practical examples, and landmark judgments that have shaped its evolution.

Depth and Comprehensive Details of the Amendment Process

The amendment process of the Indian Constitution, outlined in Article 368, balances rigidity and flexibility, enabling changes while protecting the Constitution’s foundational ethos. It empowers Parliament to amend provisions but imposes procedural safeguards to prevent arbitrary alterations. The process has been instrumental in addressing social issues like inheritance rights, reservation policies, and personal laws, ensuring the Constitution remains relevant in India’s diverse society. Below are the key aspects of the amendment process, explained concisely with practical examples.

1. Procedure for Amendment (Article 368) Article 368 provides two primary methods for amending the Constitution:

Simple Majority: Certain provisions, like the formation of new states (Article 3), can be amended by a simple majority in Parliament, not strictly considered constitutional amendments under Article 368. Example: The creation of Telangana as a new state in 2014 under Article 3 required only a simple majority, reflecting the Constitution’s flexibility in reorganizing federal units to address regional aspirations.
Special Majority with Ratification: Most amendments require a two-thirds majority in both Houses of Parliament (Lok Sabha and Rajya Sabha) present and voting, plus ratification by at least half of the state legislatures for matters affecting federal structure (e.g., powers of states, representation in Parliament). Example: The 73rd and 74th Amendments (1992), introducing Panchayati Raj and urban local bodies, required state ratification to strengthen local governance, impacting rural social structures.

2. Types of Amendments Amendments can alter articles, schedules, or provisions and are broadly categorized as:

Structural Changes: Modifying federal or judicial frameworks, such as adding new states or altering High Court jurisdictions. Example: The 7th Amendment (1956) reorganized states based on linguistic lines, enhancing cultural and social cohesion.
Rights-Based Reforms: Strengthening fundamental rights or addressing social inequities. Example: The 86th Amendment (2002) inserted Article 21A, making education a fundamental right for children aged 6–14, reshaping social access to education.
Procedural Adjustments: Clarifying or refining constitutional mechanisms. Example: The 101st Amendment (2016) introduced the Goods and Services Tax (GST), unifying taxation and requiring state ratification due to its impact on federal fiscal powers.

3. Limitations on Amendment Power The Basic Structure Doctrine, established by judicial interpretation, restricts Parliament’s power to amend provisions that form the Constitution’s core, such as secularism, democracy, and judicial review. Example: Attempts to amend the Constitution to curb judicial independence, as seen during the Emergency (1975–77), were struck down to protect the basic structure, ensuring checks and balances in governance.

4. Role in Social Settings and Family Laws Amendments have significantly influenced family laws and social settings by aligning personal laws with constitutional principles like equality and justice.

Example: The 2005 amendment to the Hindu Succession Act (via the 93rd Amendment) granted daughters equal coparcenary rights in ancestral property under Article 15, promoting gender equality in family inheritance.
Example: The 42nd Amendment (1976) added “socialist” and “secular” to the Preamble, reinforcing equitable social policies and secular governance in personal laws, such as marriage and divorce.

5. Process Safeguards

Initiation: An amendment bill can be introduced in either House of Parliament by a minister or private member, requiring no prior presidential approval.
Voting: The bill must pass with a two-thirds majority in each House, with at least half the members present.
Presidential Assent: The President must assent to the bill, with no power to withhold it (unlike ordinary legislation). Example: The 104th Amendment (2020) abolished the reservation of seats for Anglo-Indians in Parliament and state legislatures, passing with a special majority to reflect changing demographic realities.

6. Frequency and Impact As of November 2025, the Constitution has been amended 106 times, addressing issues from federal reorganization to social justice. These amendments reflect India’s evolving needs, ensuring the Constitution adapts to modern challenges like technology, globalization, and social inclusion. Example: The 103rd Amendment (2019) introduced a 10% reservation for economically weaker sections, expanding social justice beyond caste-based reservations.

Key Landmark Judgments

The judiciary has played a critical role in defining the scope and limitations of the amendment process, ensuring it aligns with constitutional law and societal needs. Below are landmark judgments that have shaped the amendment framework:

1. Kesavananda Bharati v. State of Kerala (1973) This seminal case established the Basic Structure Doctrine, ruling that Parliament’s amendment power under Article 368 is not absolute and cannot alter the Constitution’s essential features, such as democracy, secularism, and judicial review. Impact: This judgment protected the Constitution’s core from arbitrary amendments, ensuring stability in governance and social policies. For instance, it safeguards secular personal laws against amendments favoring one religion.

2. Golaknath v. State of Punjab (1967) The Supreme Court initially ruled that Parliament could not amend Fundamental Rights, viewing them as sacrosanct. This decision limited amendment powers but was later overruled by Kesavananda Bharati. Impact: It sparked debates on balancing parliamentary sovereignty with constitutional protections, influencing reforms in family laws under Fundamental Rights.

3. Minerva Mills v. Union of India (1980) The Court struck down parts of the 42nd Amendment (1976) that gave Parliament unfettered amendment powers and limited judicial review. It reaffirmed the Basic Structure Doctrine, emphasizing judicial oversight. Impact: This ruling ensured that amendments affecting social justice, like those impacting family laws, remain subject to constitutional scrutiny.

4. Indira Nehru Gandhi v. Raj Narain (1975) The Court invalidated parts of the 39th Amendment, which shielded election disputes of high officials from judicial review, reinforcing the principle that no amendment can violate the Constitution’s basic structure. Impact: This protected democratic accountability, indirectly supporting fair legal processes in family and social disputes.

5. Shayara Bano v. Union of India (2017) While primarily addressing triple talaq, this case reinforced the judiciary’s role in reviewing amendments or laws impacting personal laws, ensuring compliance with Fundamental Rights under Articles 14 and 21. Impact: It highlighted the Constitution’s adaptability to reform family laws, promoting gender justice in social settings.

Conclusion

The amendment process of the Indian Constitution, governed by Article 368, is a vital mechanism that ensures its relevance in addressing India’s evolving legal and social needs. By allowing structural, rights-based, and procedural changes, it has facilitated reforms in family laws, social justice, and federal governance, as seen in amendments promoting gender equality and local governance. The Basic Structure Doctrine, upheld through landmark judgments like Kesavananda Bharati and Minerva Mills, safeguards the Constitution’s core principles, ensuring amendments align with democracy, secularism, and justice. With practical applications like inheritance rights for daughters and reservations for marginalized groups, the amendment process reflects India’s commitment to a dynamic, inclusive constitutional framework that balances tradition with progress.