Busting the Myth of Unamendable Constitutions

The myth that a constitution can never be amended after its adoption persists in the minds of many law students. It's time to debunk this notion and understand the complexities of constitutional amendments in India. The Indian Constitution, adopted in 1950, has undergone numerous amendments since its inception. The first amendment was passed in 1951, and as of now, there have been a total of 103 amendments to the Constitution. The power to amend the Constitution is vested in the Parliament of India, as per Article 368 of the Constitution. However, this power is not absolute, and there are certain limitations imposed by the Constitution itself.

Can the Constitution be Amended?

The short answer is yes, the Constitution can be amended. However, the process of amendment is not straightforward and requires a two-thirds majority in both the Lok Sabha and the Rajya Sabha, or a special majority in a joint sitting of both Houses. This ensures that any amendment to the Constitution is done with careful consideration and deliberation.

Limitations on Amendment Power

The Constitution imposes certain limitations on the power to amend the Constitution. For instance, Article 368(2) states that no amendment can be made to any of the provisions of Part III (Fundamental Rights) except in accordance with the procedure laid down in Article 13. This ensures that the basic structure of the Constitution, including the fundamental rights of citizens, cannot be altered without following a special procedure.

Landmark Cases on Constitutional Amendments

The Indian judiciary has played a crucial role in shaping the law on constitutional amendments. In the landmark case of Minerva Mills v. Union of India, the Supreme Court held that the power to amend the Constitution is not absolute and is subject to certain limitations. The court also laid down the principle that any amendment which alters the basic structure of the Constitution is invalid.

Recent Amendments to the Constitution

In recent years, there have been several significant amendments to the Constitution, including the 99th Amendment, which introduced the National Judicial Appointments Commission, and the 101st Amendment, which introduced the Goods and Services Tax. These amendments have had a significant impact on the functioning of the Indian government and the economy.

Conclusion and a Thought-Provoking Question

In conclusion, the myth that a constitution can never be amended after its adoption is a myth that has been busted. The Indian Constitution has undergone numerous amendments since its inception, and the power to amend the Constitution is vested in the Parliament of India. However, this power is not absolute, and there are certain limitations imposed by the Constitution itself. As we continue to navigate the complexities of constitutional amendments, we must ask ourselves: What are the implications of constitutional amendments on the basic structure of the Constitution, and how can we ensure that the amendment process remains transparent and accountable?