Question

Choose the correct statement(s) regarding the amendment procedure of the Indian Constitution:

1. The consent of state legislatures is required for amendments affecting the federal structure of the Constitution.

2. The Kesavananda Bharati case (1973) established that the basic structure of the Constitution cannot be amended.

3. A constitutional amendment bill requires prior permission from the President before introduction in Parliament.

• A. 1 and 2 only
• B. 2 only
• C. 1 and 3 only
• D. All of the above

Answer 1

Answer:

B. 2 only

Constitutional Amendment Procedure in India

• The power to amend the Indian Constitution is vested in the Parliament, as outlined in Article 368 of Part XX of the Constitution.

• The procedure for amendment ensures both flexibility and rigidity, reflecting the federal and democratic nature of India.

Types of Amendments

• There are primarily three ways in which the Constitution can be amended:

  1. By Simple Majority of Parliament: Certain provisions can be amended by a simple majority of members present and voting in each House, similar to ordinary legislation. These amendments are not considered as amendments under Article 368. Examples include: formation of new states, alteration of areas, boundaries or names of existing states (Article 3 & 4), abolition or creation of legislative councils in states, etc.

  2. By Special Majority of Parliament: Most provisions of the Constitution require a special majority, i.e., a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.

  3. By Special Majority of Parliament and Ratification by Half of the State Legislatures: Provisions related to the federal structure of the Constitution require, in addition to the special majority in Parliament, ratification by simple majority of at least half of the state legislatures.

Analysis of Statements

• Statement 1: "The consent of state legislatures is required for amendments affecting the federal structure of the Constitution."

  • This statement is incorrect in its absolute form.

  • While many provisions affecting the federal structure (e.g., election of the President, extent of executive power of the Union and states, Supreme Court and High Courts, distribution of legislative powers, representation of states in Parliament, and Article 368 itself) do require ratification by at least half of the state legislatures under Article 368(2) Proviso, not all changes to the federal structure demand this.

  • For instance, the formation of new states or alteration of existing state boundaries (under Article 3 and 4) directly impacts the federal structure but can be done by a simple majority of Parliament, without needing ratification by state legislatures under Article 368. The Parliament merely needs to ascertain the views of the concerned state legislatures, which are not binding.

• Statement 2: "The Kesavananda Bharati case (1973) established that the basic structure of the Constitution cannot be amended."

  • This statement is correct.

  • The landmark judgment in Kesavananda Bharati v. State of Kerala (1973) introduced the revolutionary Basic Structure Doctrine.

  • The Supreme Court ruled that while Parliament has the power to amend any part of the Constitution, this power is not unlimited and cannot be used to alter, damage, or destroy the 'basic structure' or fundamental features of the Constitution.

  • This doctrine effectively limits the amending power of Parliament, upholding the supremacy and essential character of the Constitution.

  • Examples of basic structure include: supremacy of the Constitution, republican and democratic form of government, secular character of the Constitution, separation of powers, federal character of the Constitution, independence of judiciary, judicial review, etc.

• Statement 3: "A constitutional amendment bill requires prior permission from the President before introduction in Parliament."

  • This statement is incorrect.

  • A Constitutional Amendment Bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha) by any member (not necessarily a minister, making it a Public or Private Member Bill).

  • There is no requirement for prior permission or recommendation from the President before introducing a Constitutional Amendment Bill.

  • The President's assent is mandatory and comes into play after the bill has been passed by both Houses of Parliament (and ratified by states if required). The 24th Amendment Act of 1971 made it obligatory for the President to give assent to a Constitutional Amendment Bill.