The 130th Amendment Conundrum: Why India Needs a New Constitutional Framework

The Constitution of India is all set to turn 74, but it's still stuck in 1950. Time to update, yaar?

As you'd know, CUET PG Law is just around the corner, and if you're like me, you're probably stressing about constitutional amendments. And why not? The 130th Amendment is still a contentious issue, and it's high time we had a rethink on the whole constitutional framework. I mean, IPC was written in 1860, can you believe it? Our Constitution, on the other hand, has had 130 amendments since 1950. Jab mera first moot tha, my team and I were still arguing about the validity of this amendment or that - it's like, who has the time for this? But seriously, the 130th Amendment has been a subject of intense debate, with many arguing that it's an attempt to undermine the independence of the judiciary. Section 12 of the 130th Amendment Act, 2022, provides that the Parliament can make laws on any matter in the State List, if two-thirds of the members of both Houses of Parliament agree to it. Now, this is where things get tricky. It essentially paves the way for an override of the State List by the Parliament, which is a no-no. I mean, who likes being overruled, right?

Don't tell my MBA roommate this, but even I don't fully agree with this amendment.

But here's the thing: the 130th Amendment is just one of the many problems we have with our Constitution. It's time to look at the bigger picture. Our Constitution was drafted in the 1950s, when the country was in dire need of a unifying force. But now, we have a vastly different country with different needs and aspirations. It's time to update our Constitution to make it more inclusive, more progressive, and more relevant to our times. Take the landmark case of Kesavananda Bharati v. State of Kerala (1973), for instance. The court held that the Parliament has the power to amend any part of the Constitution, but only if the amendment is not contrary to the basic structure of the Constitution. Now, this is where things get interesting. The court essentially created a framework for constitutional amendments that would ensure that the basic structure of the Constitution is not compromised. But, my friend, that's exactly what the 130th Amendment tries to do - it tries to override the basic structure of the Constitution. So, what's the solution? Well, my friend, it's time to think outside the box. We need to create a new constitutional framework that takes into account the changing needs and aspirations of our country. We need to make our Constitution more flexible, more adaptable, and more inclusive. And, of course, we need to get rid of some of the outdated provisions that are still plaguing us. Think about it this way: if you were drafting a Constitution for India today, what would you include? What would you exclude? And how would you ensure that the Constitution remains relevant to our times? In the next part of this series, we'll dive deeper into the world of constitutional amendments and explore some of the possibilities for a new constitutional framework.