Question

Identify the correct statements regarding the limitations and characteristics of the constitutional amendment procedure in India.

1. The Constitution provides for a special body like a Constitutional Convention for the purpose of amendments.

2. A strict time frame is prescribed for state legislatures to ratify an amendment bill.

3. The process of amendment, barring the special majority requirement, is largely similar to that of an ordinary legislative process.

4. The Supreme Court in the Kesavananda Bharati case held that the fundamental elements of the Constitution cannot be amended.

Select the correct option:

• A. 1 and 2
• B. 3 and 4
• C. 2 and 3
• D. 1 and 4

Answer 1

Answer:

B. 3 and 4

Constitutional Amendment Procedure in India

• The procedure for amending the Constitution of India is laid down in Part XX (Article 368) of the Constitution.

• India's amendment process is a unique blend of rigidity and flexibility, striking a balance between protecting the core values of the Constitution and allowing for necessary changes.

Key Characteristics and Limitations of the Amendment Process:

• Absence of a Special Body (Refuting Statement 1): The Indian Constitution does not provide for a special body like a 'Constitutional Convention' for the purpose of amendments. The power to initiate and pass constitutional amendments rests solely with the Parliament of India. An amendment bill can be introduced in either House of Parliament.

• No Prescribed Time Frame for State Ratification (Refuting Statement 2): For amendments that require ratification by state legislatures (i.e., those affecting federal provisions), the Constitution does not prescribe any specific time frame within which the states must give their consent. Once an amendment bill is passed by Parliament and sent to the states for ratification, there is no deadline for their approval or rejection.

• Similarity to Ordinary Legislative Process (Supporting Statement 3):

  • The process for passing a constitutional amendment bill (barring the special majority requirement) is largely similar to that of an ordinary legislative bill.

  • Both types of bills are introduced in either House of Parliament.

  • Both require voting in both Houses.

  • Both require the President's assent to become law.

  • The key difference lies in the majority required: ordinary bills need a simple majority, while most constitutional amendment bills require a 'special majority' (a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting).

• The Basic Structure Doctrine (Supporting Statement 4):

  • The Kesavananda Bharati vs. State of Kerala case (1973) is a landmark judgment by the Supreme Court of India.

  • In this historic verdict, the Supreme Court propounded the 'Basic Structure Doctrine' of the Constitution.

  • The Court held that Parliament's power to amend the Constitution under Article 368 is not absolute and cannot be used to alter, repeal, or destroy the fundamental elements or the 'basic structure' of the Constitution.

  • While Parliament can amend any part of the Constitution, it cannot change its core identity or essential features such as the supremacy of the Constitution, republican and democratic form of government, secular character of the Constitution, separation of powers, federal character, etc.

  • This doctrine serves as a crucial check on the amending power of Parliament, safeguarding the foundational principles of the Constitution.