Importance of Constitutional Amendments

About the Author

This Article is written by Clinton Pinheiro, Final year B.A.LLB(Hons) student and para-legal volunteer at District Legal Services Authority (DLSA), Ernakulam.

Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.

-Dr.B.R Ambedkar

INTRODUCTION

The Indian Constitution is an ever changing document. It should grow as the nation transforms and should suit the changing needs and conditions of a transforming society. Also, the Indian Constitution is the supreme law of the land is binding on the government and the people. It performs numerous functions in a modern welfare state which is why it is necessary to keep our Constitution updated through Constitutional Amendments. it is what makes our Constitution a living document.

The Indian Constitution, adopted on January 26, 1950, is a dynamic document that has been amended several times to reflect the evolving needs and aspirations of the nation. The amendments to the Constitution represent a continuous effort to align the nation’s legal and political framework with the evolving needs of its people. These amendments play a crucial role in shaping the legal and political landscape of India. Over the years, various amendments have been introduced to address emerging challenges, rectify ambiguities, and incorporate societal changes. Some amendments have been introduced to respond to landmark legal judgments, while others have aimed to address social inequalities, promote justice, and strengthen the democratic fabric of the country.

THE PATHWAY OF AMENDMENTS

The amendments to the Indian Constitution are undertaken to ensure that the foundational legal document remains a living and adaptive framework that mirrors the changing needs and interests of the Indian people. The amendments to the Indian Constitution are a testament to the nation’s commitment to democratic governance and are essential for the development of our country and legal system. As of now, there are a total of 106 amendments to the Indian Constitution.

The First Amendment in 1951 introduced the concept of “reasonable restrictions” on freedom of speech and expression. This Amendment inserted Article 19(2) into the Constitution, which allowed the government to impose “reasonable restrictions” on the right to freedom of speech and expression in Shankari Prasad Singh v. Union of India case. In this case, the constitutional validity of the First Amendment was challenge, however the Hon’ble Supreme Court held that “the amending power of the Parliament was very broad and could be used to alter any part of the Constitution, including fundamental rights”. Shankari Prasad Case established the principle that the Parliament had the authority to amend fundamental rights.

Thereafter in Sajjan Singh v. State of Rajasthan ,the Supreme Court reiterated the Parliament’s power to amend any part of the Constitution. through constitutional amendments. Also the 1st Amendment was primarily a response to early judicial interpretations, particularly in the context of property rights. It introduced the concept of “reasonable restrictions” on the freedom of speech and expression and validated land reform laws that were challenged for allegedly violating the right to property.

Golaknath v. State of Punjab, marked a significant legal challenge to the amending power of Parliament. The case revolved around the 17th Amendment to the Constitution, which sought to place land reform laws beyond the scope of judicial review. The Supreme Court, in a landmark decision, held that Parliament did not have the power to amend fundamental rights, specifically Article 13(2), which prohibited the state from making laws that took away or abridged fundamental rights. This decision sparked a debate on the limitations of parliamentary power to amend the Constitution.

The Kesavananda Bharati v. State of Kerala , became a landmark legal battle. While it specifically challenged the 17th Amendment, it led to a broader constitutional interpretation, exploring the limits of Parliament’s power to amend the Constitution and laying the groundwork for the doctrine of the basic structure of the Constitution. The Supreme Court, in its historic judgment, upheld Parliament’s power to amend the Constitution but also established that such amendments should not alter the essential features or basic structure of the Constitution. This decision had a profound impact on the subsequent understanding of Constitutional amendments and fundamental rights in India.

The Golaknath case questioned Parliament’s power to amend fundamental rights, leading to the 24th Amendment aimed at clarifying that power. However, the Kesavananda Bharati case introduced the “basic structure” doctrine, establishing limitations on the amending power of Parliament and ensuring that while the Constitution is adaptable, its core principles and structure remain inviolable. The Kesavananda Bharati case, in effect, modified the impact of the 24th Amendment and solidified the understanding of the basic structure doctrine.

CONCLUSION

Finally we can say that Constitutional amendments in India serve as a dynamic mechanism to adapt the nation’s foundational legal document to changing circumstances and societal needs. They have played a crucial role in our democratic system of government. The correct way of using amendment power is also help our Constitution to continuing as a living document. Also our constitution is the highest law of the land and governs everyone in a country. The existence of a nation is dependent upon its capability to adapt according to changing times. Indian Constitution since it came into force in 1950 has been amended for over 106 times. In a transparent and inclusive amendment process, driven by a genuine commitment to national interests, is crucial to harnessing the benefits while mitigating the risks. As India continues to evolve, the judicious use of the amending power ensures that the constitution remains a living document, responsive to the evolving needs of its diverse population. Achieving this balance is essential for sustaining the democratic ideals, protecting fundamental rights, and fostering a resilient constitutional framework that stands the test of time.

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