Amendment Update: Demystifying Constitutional Law for CUET PG Law Aspirants

When I was a fresher in law school, I used to think that constitutional amendments were a straightforward process – after all, the Constitution is the highest law of the land, right? Wrong. The truth is, the amendment process is a complex, multi-step affair that has been the subject of much debate and controversy over the years. In this article, we'll delve into the myths surrounding constitutional amendments and set the record straight.

The Basic Structure Doctrine

One of the most common myths surrounding constitutional amendments is the idea that the Basic Structure Doctrine is a new concept that was introduced by the Supreme Court in the 1980s.

Nothing could be further from the truth. The Basic Structure Doctrine was first enunciated in the landmark case of Kesavananda Bharati v. State of Kerala (1973), where the court held that certain fundamental features of the Constitution were beyond the reach of Parliament's amending power.

The doctrine has since been reaffirmed and expanded upon in several subsequent cases, including Minerva Mills v. Union of India (1980) and I.R. Coelho v. State of Tamil Nadu (2007).

The Amending Power of Parliament

Another myth is that Parliament's amending power is unlimited, and that it can change any provision of the Constitution at will.

Not so. Article 368 of the Constitution clearly sets out the procedure for amending the Constitution, and it limits Parliament's power to amend the Constitution to only certain provisions.

Furthermore, the Supreme Court has held that even under Article 368, Parliament's power to amend the Constitution is subject to certain limitations and conditions, including the Basic Structure Doctrine.

The Role of the President

Myth: The President has no role to play in the amendment process.

Reality: The President plays a crucial role in the amendment process, particularly in the case of constitutional amendments that require a special majority in both Houses of Parliament.

Under Article 368, a constitutional amendment that requires a special majority must be certified as having been passed by both Houses of Parliament by the President, before it can be presented to the States for ratification.

What Students Often Get Wrong

One of the most common misconceptions about constitutional amendments is that the process is straightforward and easy to follow.

Nothing could be further from the truth. The amendment process is complex, nuanced, and often involves multiple stakeholders and interest groups.

As a CUET PG Law aspirant, it's essential to have a deep understanding of the amendment process and the various factors that come into play.