Eleanor Finch
The Indian Constitution is the longest constitution of any sovereign nation in the world, with over 117,000 words, 450 articles, and 104 amendments. Amendments to the Constitution are governed by Article 368, which requires a constitutional amendment bill to be passed by a majority of members of each House and by a two-thirds majority of members present and voting. The process of amending the Constitution involves introducing a bill in either House of Parliament, followed by presidential assent. The Constitution also includes transitional provisions that need to be periodically renewed, such as the reservation of parliamentary seats for scheduled castes and tribes, which is renewed every ten years.
| Characteristics | Values |
|---|---|
| Number of votes needed in the Upper House (Rajya Sabha) | Unanimous approval |
| Number of votes needed in the Lower House (Lok Sabha) | 454-2 |
| Number of votes needed for state assemblies | 50% |
| Number of votes needed overall | Two-thirds majority |
| Number of amendments to the Constitution | 104 |
| Number of articles in the Constitution | 450 |
| Number of words in the Constitution | 117,000 |
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What You'll Learn
- A supermajority of 400+ seats in the Lok Sabha does not equate to unchecked power
- The Constitution has built-in safety valves and checks and balances to protect itself
- The Indian Constitution is a living document that has undergone 106 amendments since 1950
- The Basic Structure Doctrine, established by the Supreme Court, safeguards the Constitution's ethos
- The process of amending the Constitution is outlined in Article 368 of the Indian Constitution
A supermajority of 400+ seats in the Lok Sabha does not equate to unchecked power
The Lok Sabha, or the House of the People, is the lower house of the Parliament of India. Members of the Lok Sabha are elected by adult universal suffrage and a first-past-the-post system, representing their respective constituencies for five years. The maximum membership of the House, as allotted by the Constitution of India, is 552, although the current house has 543 seats filled by elected members.
A supermajority in the Lok Sabha refers to one party occupying six out of every ten seats, or more than 400 seats. While this may grant the ruling party a significant advantage in passing legislation and making decisions, it does not equate to unchecked power. The Indian political system has several checks and balances in place to ensure that power is not concentrated in a single entity and to protect the interests of the people.
Firstly, the Rajya Sabha, or the upper house of Parliament, serves as a crucial check on the power of the Lok Sabha. All legislative bills, except money bills, must be passed in the Rajya Sabha before they can become law. Additionally, any amendments to the Constitution require a majority vote in the Rajya Sabha, where the ruling party may not hold a supermajority. This ensures that the Lok Sabha's power is balanced by the Rajya Sabha, promoting a more consensual and deliberative law-making process.
Secondly, the Indian Constitution sets out specific qualifications for becoming a member of the Lok Sabha, which include citizenship, age, and other prescribed qualifications. These qualifications ensure that only those who meet certain criteria can hold office, preventing the arbitrary exercise of power.
Moreover, the Lok Sabha operates within a broader framework of democratic principles and values enshrined in the Indian Constitution. These principles include the rule of law, fundamental rights, and judicial review, which act as additional safeguards against the arbitrary use of power. The Constitution also outlines the process for removing members of the Lok Sabha who are absent, disqualified, or subject to anti-defection laws, ensuring accountability and maintaining the integrity of the House.
While a supermajority in the Lok Sabha grants significant political power, it is important to recognize that it operates within a larger democratic system with checks and balances designed to prevent the concentration of power and protect the rights of citizens. The separation of powers between the Lok Sabha, Rajya Sabha, and the executive branch, along with the constitutional framework, ensures that even with a supermajority, the Lok Sabha's power is not absolute and is subject to scrutiny and accountability.
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The Constitution has built-in safety valves and checks and balances to protect itself
The Indian Constitution is the longest constitution of any sovereign nation in the world, with over 117,000 words, 450 articles, and 104 amendments. Its length is partly due to its specificity in spelling out government powers, requiring amendments for matters that, in other democracies, could be addressed by ordinary statutes.
Amending the Indian Constitution is a rigorous process governed by Article 368, which requires a constitutional amendment bill to be passed by a majority of members of each House and by a two-thirds majority of the members of that House present and voting. This safeguard helps ensure that any changes to the Constitution are carefully considered and supported by a supermajority, protecting against hasty or partisan alterations.
The Constitution also includes transitional provisions that are intended to remain in force for a limited period and need to be renewed periodically. For example, the reservation of parliamentary seats for scheduled castes and scheduled tribes is renewed through a constitutional amendment once every ten years. This mechanism allows for regular review and ensures that provisions remain relevant and responsive to societal needs.
Additionally, the Constitution has been interpreted by the Supreme Court of India as having a "basic structure" that cannot be violated by laws or amendments. In a landmark ruling in 2007, the Court affirmed that all laws, including those in Schedule 9, are subject to judicial review if they violate this basic structure. This interpretation acts as a check on legislative power, safeguarding the fundamental principles and values enshrined in the Constitution.
The process of amending the Indian Constitution, as outlined above, demonstrates the built-in safety valves and checks and balances inherent in the document. These mechanisms ensure that any changes are thoroughly vetted, protecting the Constitution's integrity and permanence while allowing for the necessary flexibility to adapt to the evolving needs of the nation.
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The Indian Constitution is a living document that has undergone 106 amendments since 1950
The Indian Constitution, the longest-written constitution in the world, is a living document that has been amended 106 times since 1950 to meet the changing needs of the country. It is the foundation of India's democracy and a testament to the vision of its makers. The constitution reflects the struggles, sacrifices, and aspirations of the Indian people, and the collective legacy of its leaders, including Mahatma Gandhi, Subhas Chandra Bose, Sardar Vallabhbhai Patel, and Dr B.R. Ambedkar, who is regarded as its architect.
The first amendment to the Indian Constitution was made on 18 June 1951, with changes to Articles 15 and 19, and the introduction of Articles 31A and 31B to protect land reform laws from judicial review. The most recent amendment, the 106th, was in 2023, which reserved one-third of the seats in the Lok Sabha and Assemblies for women. The constitution has faced several challenges, including during the difficult Emergency period, which tested its core principles.
The types of amendments to the Indian Constitution are classified into three categories, with the second and third types governed by Article 368. The first type of amendment can be passed by a simple majority in each house of the Indian Parliament. The second type requires a 'special majority' in each house of Parliament. The third type of amendment demands, in addition to such a "special majority," ratification by at least half of the state legislatures.
Amendments to the Indian Constitution have strengthened democracy, introduced economic reforms, and protected fundamental rights. The constitution remains a guiding force, ensuring justice, liberty, and equality for all citizens, and balancing the needs of governance with people's rights. It is a flexible document that has evolved over the years to adapt to changing socio-political realities, reflecting India's evolving democracy.
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The Basic Structure Doctrine, established by the Supreme Court, safeguards the Constitution's ethos
The Constitution of India is a living document that can be amended to accommodate the country's evolving political, social, and economic needs. The procedure for amending the Constitution is outlined in Article 368 of the Indian Constitution, which allows for three types of amendments. The first type of amendment requires a Special Majority of Parliament (50% of the total membership of the House + 2/3rd of the members present and voting). The second type requires a Special Majority of Parliament plus ratification from half of the states by a Simple Majority. The third type can be done by a Simple Majority of Parliament, but these amendments are not considered amendments for the purpose of Article 368.
The Basic Structure Doctrine, established by the Supreme Court, is a crucial legal principle that safeguards the Constitution's ethos by preserving its fundamental principles and values. This doctrine emerged from the landmark Kesavananda Bharati case in 1973, which asserted that there are fundamental features of the Constitution that cannot be altered by any amendments made by Parliament. The doctrine acts as a safeguard against arbitrary or radical changes to the Constitution, ensuring its stability, continuity, and adherence to core constitutional values.
The Basic Structure Doctrine has been reinforced by significant judgments from the Supreme Court, which have consistently upheld its importance in protecting the Constitution's integrity. For example, in the case of Indira Nehru Gandhi vs. Raj Narain (1975), the Court invalidated the 39th Amendment's exclusion of election disputes from judicial review, reinforcing the basic structure doctrine. In Minerva Mills vs. Union of India (1980), the Court invalidated parts of the 42nd Amendment, affirming judicial review as integral to the Constitution's basic structure.
The Basic Structure Doctrine has also faced criticism, particularly regarding its potential to limit parliamentary sovereignty and the scope of constitutional amendments. Despite this, the doctrine has played a crucial role in safeguarding fundamental rights, maintaining the balance of power, and ensuring that constitutional amendments do not undermine the core values of democracy, secularism, and federalism. It has promoted constitutional ideals, maintained the supremacy of the Constitution, and strengthened democracy by delineating a true separation of power between the Judiciary and the other two organs of government.
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The process of amending the Constitution is outlined in Article 368 of the Indian Constitution
The Indian Constitution is the supreme law of the land, and as such, it should be responsive to changing needs and situations. Article 368 of the Indian Constitution outlines the process of amending the Constitution, providing the means to make the document flexible and adaptable.
Article 368 grants Parliament the power to amend the Constitution. It is important to note that only Parliament can initiate the constitutional amendment process. The process begins with the introduction of a Bill in either House of Parliament. The Bill must then be passed by each House, with a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting. This is known as a special majority.
Once the Bill is passed by both Houses, it is presented to the President for assent. The President's role is crucial, as their assent is required for the Bill to become an Act, known as a Constitutional Amendment Act. At this stage, the Constitution is officially amended, and the changes outlined in the Act come into effect.
It is worth mentioning that certain amendments may require additional steps. For instance, if the amendment seeks to make changes to specific articles, such as Articles 54, 55, 73, 162, or 241, or certain chapters of the Constitution, it must also be ratified by the Legislatures of at least half of the states. This ensures that the interests of the states are considered and protected during the amendment process.
The process outlined in Article 368 allows for the necessary flexibility in the Constitution while also maintaining its integrity. It enables the Indian Constitution to adapt to evolving political, social, and economic needs, ensuring that it remains a dynamic and relevant document.
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Frequently asked questions
The number of votes required to change the Indian Constitution depends on the type of amendment being proposed. Certain articles of the Constitution can be altered by a simple majority (more than 50%) of the total number of members present and voting on the amendment. On the other hand, certain provisions of the Constitution require a special majority (66%, or two-thirds) of members present and voting in that House.
The procedure for amending the Indian Constitution is outlined in Part XX (Article 368) of the Constitution. This article grants Parliament the authority to add, vary, or repeal any provision of the Constitution through a specific process. An amendment can only be initiated by introducing a bill for this purpose in either House of Parliament.
While a commanding majority in the Lok Sabha allows a political party to pass a wide array of legislation, it does not grant them unbridled power to amend the Constitution. The Indian Constitution has various mechanisms and thresholds in place to protect itself from unchecked changes.
The Indian Constitution, which came into effect on 26 January 1950, has undergone numerous amendments over the years. Some notable examples include the 42nd Amendment in 1976, the 44th Amendment in 1979, and the 73rd and 74th Amendments in 1992. More recently, in 2023, the Indian Parliament passed a groundbreaking amendment reserving 33% of seats for women in the Lower House and state assemblies.
