The Constitution of India is the supreme law of the land, and it can be amended from time to time to reflect changing social, economic, and political realities. In this article, we will take a closer look at the process of amending the Constitution in India.
Article 368 of the Constitution of India lays down the procedure for amending the Constitution. The process of amending the Constitution involves the following steps:
- Initiation: An amendment to the Constitution can be initiated by either House of Parliament, that is, the Lok Sabha or the Rajya Sabha.
- Amendment Bill: The amendment is then introduced as a Bill in either House of Parliament. The Bill must be passed by a majority of not less than two-thirds of the members present and voting in each House of Parliament.
- Presidential Assent: After the Bill has been passed by both Houses of Parliament, it is presented to the President of India for his assent. The President has the power to either give his assent or withhold it.
- Ratification by States: If the amendment pertains to any of the provisions in Part III of the Constitution (Fundamental Rights) or the federal nature of the Constitution, it must be ratified by at least half of the state legislatures. The ratification process must be completed within a specified period of time.
The Constitution of India has been amended 104 times since its adoption in 1950. Some of the significant amendments to the Constitution of India are:
- The 42nd Amendment Act, 1976: It made changes in the Preamble and other provisions of the Constitution to give more power to the government.
- The 44th Amendment Act, 1978: It restored some of the fundamental rights that were suspended during the Emergency period (1975-77).
- The 73rd and 74th Amendment Acts, 1992: These amendments provided for the devolution of power to local bodies (Panchayats and Municipalities).
Challenges to the Amendment of the Constitution
The amendment of the Constitution is a complex and time-consuming process. The requirement of a two-thirds majority in both Houses of Parliament makes it difficult for any political party to push through an amendment on its own. The requirement of ratification by the state legislatures also adds to the complexity of the process. In recent years, there has been some debate over whether the process of amending the Constitution needs to be simplified to reflect the changing times.
Conclusion
In conclusion, the Constitution of India can be amended to reflect changing social, economic, and political realities. The process of amending the Constitution involves initiation, passing of the amendment Bill in both Houses of Parliament, presidential assent, and ratification by state legislatures. The amendment of the Constitution is a complex and time-consuming process, but it is an essential feature of the Constitution that allows it to remain relevant to the changing times.