The Constitution of India is the supreme law of the land, and it lays down the fundamental principles, structure, and functioning of the Indian polity. It was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950. The Constitution of India provides for its amendment to meet the changing needs of the society and the nation. The amendment process, power and procedure, and the basic structure of the Constitution are the key aspects of the Constitution that need to be understood in detail.
Amendment of the Constitution:
The Constitution of India has been amended many times since its adoption. As of now, it has been amended 104 times. The amendment process is governed by Article 368 of the Constitution, which provides for two methods of amendment – the ordinary procedure and the special procedure. The ordinary procedure requires a simple majority in both houses of parliament, while the special procedure requires a two-thirds majority in both houses of parliament.
Power and Procedure:
The power to amend the Constitution is vested in the Parliament of India. The Parliament is empowered to amend any part of the Constitution, except for the provisions that are included in the basic structure of the Constitution. The basic structure doctrine was first enunciated by the Supreme Court of India in the Kesavananda Bharati case (1973), which held that there are certain fundamental features of the Constitution that cannot be altered even by the Parliament through the amendment process.
The procedure for amending the Constitution is laid down in Article 368. The amendment bill can be introduced in either House of Parliament, and it must be passed by both Houses with a special majority. The special majority means a majority of not less than two-thirds of the members present and voting in each House. Once the bill is passed by both Houses, it is sent to the President of India for his assent. If the President gives his assent, the bill becomes an amendment to the Constitution.
Basic Structure of the Constitution:
The Constitution of India is unique in its nature and content. It is a comprehensive document that lays down the principles and provisions for the governance of the country. The basic structure of the Constitution is the foundation on which the entire edifice of the Constitution stands. The basic structure of the Constitution is a term coined by the Supreme Court of India, and it refers to the core principles of the Constitution that cannot be amended or abrogated by the Parliament.
The basic structure doctrine was first enunciated by the Supreme Court of India in the Kesavananda Bharati case (1973). The court held that the Constitution of India has a basic structure that cannot be altered by the Parliament through the amendment process. The court also laid down the principles that constitute the basic structure of the Constitution. These principles include:
- Supremacy of the Constitution
- Republican and democratic form of government
- Separation of powers between the legislature, executive, and judiciary
- Federalism
- Secularism
- Sovereign, socialist, and democratic republic
- Individual rights and freedoms, including the right to life and personal liberty
- Judicial review
- Free and fair elections
- Independence of the judiciary
The basic structure doctrine is an important concept in Indian constitutional law. It ensures that the fundamental principles of the Constitution are not violated, and that the Constitution remains a living and dynamic document that can adapt to changing times.
Conclusion:
The Constitution of India is the supreme law of the land, and it provides for its amendment to meet the changing needs of the society and the nation. The amendment process is governed by Article 368 of the Constitution, and it provides for two methods of amendment – the ordinary procedure and the special procedure. The power to amend the Constitution is vested in the Parliament of India, which can amend any part of the Constitution, except for the provisions that are included in the basic structure of the Constitution. The basic structure doctrine is a key aspect of Indian constitutional law, and it ensures that the fundamental principles of the Constitution are not violated. The basic structure of the Constitution includes the principles of supremacy of the Constitution, democratic form of government, separation of powers, federalism, secularism, individual rights and freedoms, judicial review, free and fair elections, and independence of the judiciary.
In conclusion, the amendment process, power and procedure, and the basic structure of the Constitution are important aspects of Indian constitutional law. The Constitution of India is a living and dynamic document that can adapt to the changing needs of the society and the nation. The Constitution has been amended many times since its adoption, but the basic structure of the Constitution remains intact. The Constitution of India is a proud legacy of the nation, and it has been a guiding force in the development of the Indian democracy.