Constitutional Evolution: A Case of India's 44th Amendment and the US 25th Amendment

**Lessons from Comparative Constitutional Law for AILET Aspirants** As Indian law students preparing for the AILET, it's essential to grasp the nuances of constitutional amendments. Comparing our own constitutional evolution with that of other countries can provide valuable insights. In this article, we'll delve into the 44th Amendment to the Indian Constitution and the 25th Amendment to the United States Constitution, highlighting their similarities and differences.

The 44th Amendment: A Watered-Down Amendment

Passed in 1978, the 44th Amendment made significant changes to the Indian Constitution. One of the key provisions was the restriction on the powers of Parliament to amend the Constitution. The amendment inserted Article 368(4), which mandates that any constitutional amendment must be ratified by a majority of the elected members of both Houses of Parliament, thereby increasing the difficulty of amending the Constitution. Additionally, the amendment restricted the power of the President to promulgate ordinances. However, in Indian Union v. Kuldip Singh Chandok (1981), the Supreme Court of India struck down several provisions of the 44th Amendment, including Article 368(4), on the grounds of procedural unconstitutionality. This ruling effectively nullified the restrictions on constitutional amendment.

Comparing with the 25th Amendment: A Presidential Power Play

In contrast, the 25th Amendment to the United States Constitution, ratified in 1967, deals with the transfer of power from the President to the Vice President. It addresses the concerns of presidential succession and disability. The amendment provides for the Vice President to assume the office of the President if the President is unable to discharge their duties. Additionally, it allows the President to temporarily transfer power to the Vice President, subject to Congressional approval. This amendment is significant because it provides a clear framework for presidential succession and disability, which was not explicitly addressed in the original Constitution.

Lessons for AILET Aspirants

While the 44th Amendment to the Indian Constitution and the 25th Amendment to the United States Constitution may seem unrelated at first glance, they both highlight the importance of clear and well-defined constitutional provisions. The Indian amendment's restriction on constitutional amendment powers was later struck down, while the US amendment provided a clear framework for presidential succession and disability. As AILET aspirants, it's essential to understand the nuances of constitutional amendments and their impact on the functioning of a democratic government. By studying comparative constitutional law, you can gain a deeper appreciation for the complexities of constitutional amendments and their implications for governance. This matters today because constitutional amendments continue to shape the course of our country's development. As we navigate the complexities of modern governance, it's crucial to understand the lessons of our past and the experiences of other nations. By doing so, we can create a more robust and effective framework for governance that serves the needs of all citizens.