The Significance of Provision of Amendment in the Constitution of India: A Legal Perspective

Title: The Significance of Provision of Amendment in the Constitution of India: A Legal Perspective

Author: Khalid Ali Khan Afridi

College: PSIT College of Law

Course: B.A. LL.B. (Honors) 

Year & Semester: IV Year VII Semester

Introduction

The Constitution of India adopted on 26th January 1950 is not just a static guiding document but a living legal framework that accounts for the changing needs of a dynamic society. Recognizing the need for flexibility and adaptability the framers of the Indian Constitution provided for an amendment process. This provision enables the Constitution to evolve with the times and ensures its relevance even today. In this blog we will delve into the significance of the provision of amendment in the Indian Constitution supported by relevant case laws. The advantages of provision of amendment in the Indian Constitution are as follows:

1. Reflecting the aspirations of the people:

The provision of amendment ensures that the Constitution is not an inflexible document but a reflection of the aspirations and values of the people. As mentioned in the case of Kesavananda Bharati v. State of Kerala (1973 the Supreme Court upheld the "basic structure" doctrine which means that while the Parliament can amend any provision of the Constitution it cannot alter its basic structure. This decision affirmed the significance of the amendment process in safeguarding the core values enshrined in the Constitution.

2. Adapting to societal changes:

The amendment provision allows the Constitution to adapt to societal changes and emerging issues. An excellent example is the 97th Amendment Act 2011 which added Article 43B focusing on cooperative societies. This amendment recognized the changing role of cooperatives in the Indian economy and provides constitutional backing for the promotion and development of cooperative societies.

3. Correcting past injustices:

Amendments have played an instrumental role in correcting historical injustices and addressing social inequalities. The 93rd Amendment Act 2005 introduced Article 15(5) that enables the state to provide reservations in private unaided educational institutions for socially and educationally backward classes of citizens. This amendment aimed to improve access to quality education for marginalized communities.

4. Strengthening democratic principles:

The amendment process strengthens democratic principles by providing a mechanism to refine and enhance the functioning of the constitutional machinery. The 42nd Amendment Act 1976 ushered in important changes to reinforce the principles of democracy and fundamental rights. However it also drew criticism for certain amendments that were deemed to infringe upon basic principles. This triggered the landmark case of Minerva Mills Ltd. v. Union of India (1980 where the Supreme Court struck down several provisions of the 42nd Amendment Act emphasizing the importance of upholding the basic structure of the Constitution.

5. Ensuring judicial review:

The amendment provision also ensures the power of judicial review is maintained as an essential aspect of a democratic system. The Supreme Court in the landmark case of Indra Sawhney v. Union of India (1992 upheld the constitutional validity of reservations but capped them at 50% of available seats. This decision stands as a testament to the importance of judicial review in scrutinizing constitutional amendments to maintain a delicate balance of rights and interests.

Conclusion

The provision of amendment in the Constitution of India is a crucial aspect that enables democracy to thrive by accommodating changing societal needs and aspirations. It allows for the correction of historical injustices the enhancement of democratic principles and the preservation of judicial review. The Constitution acts as a living document that evolves with time and the amendment provision ensures its relevance and efficacy throughout the journey. As society progresses the amendment process will continue to play a vital role in shaping and safeguarding the Indian Constitution.