Write a short essay on the Amendment of the Indian Constitution

Question: Write a short essay on the Amendment of the Indian Constitution. [BJS 1977]

Find the answer to the mains question only on Legal Bites. [Write a short essay on the Amendment of the Indian Constitution.]

Answer

The Constitution of India is a dynamic instrument of governance that must adapt itself to the changing social, political, and economic conditions. According to Dr. Ambedkar, the Indian Federation will not suffer from the faults of rigidity of federalism. Its distinguishing feature is that it is a flexible federation as it allows an amendment to the provisions of the constitution as when required but following due procedure as mentioned therein.

Article 368 of the Indian Constitution enshrines the provision for making an amendment to the Constitution. The Constitution provides for three categories of provisions providing for an amendment. These are:

1. The amendments contemplated in Articles 4, 169, 239A can be affected by a simple majority.
2. That amendment can be affected by a special majority as provided in Article 368.
3. Those amendments that in addition to the special majority as described above, also require ratification by resolution passed by not less than one-half of the state legislatures. These amendments seek change in the provisions referred to in the proviso of Article 368(2).

Though our Constitution grants the power of bringing amendment on the Parliament, it is not absolute and the limitation of Parliament’s power of amendment is a basic feature of the constitution. Thus, Parliament cannot enlarge this limited power into absolute power. The procedural limitation on the power of amendment is laid down in Article 368 itself. That the basic feature of the constitution cannot be amended, it is an inherent and implied limitation on Parliament’s power of constitutional amendment.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Constitutional Law Mains Questions Series Part-I
2. Constitutional Law Mains Questions Series Part-I
3. Constitutional Law Mains Questions Series Part-II
4. Constitutional Law Mains Questions Series Part-IV
5. Constitutional Law Mains Questions Series Part-V
6. Constitutional Law Mains Questions Series Part-VI
7. Constitutional Law Mains Questions Series Part-VII
8. Constitutional Law Mains Questions Series Part-VIII
9. Constitutional Law Mains Questions Series Part-IX
10. Constitutional Law Mains Questions Series Part-X