ABSTRACT
Amendments are crucial resolutions via which society transforms and learns, the overall social, political, as well as cultural worldview transform as well. This research paper describes and analyses the role of constitutional amendments in the Indian social economic systems. Furthermore, it examines the general effects of constitutional amendments concerning the authorities and power dynamics and the citizens’ freedoms and societal norms. After the commencement of the Indian Constitution in the year 1950, more than 100 amendments have been brought forward.
Through this level of analysis, the constitution may reveal how amendments reflect society’s progress and deal with modern-day issues like; technological, demography, and world events. It also addresses issues of the constitution, their meanings and the ways in which they are being implemented such as originalist versus the evolving interpretation. This paper gives the reader relevant information on constitutional changes and their role in the development of nations, protection of people’s rights and promote justice and equality.
KEYWORDS
Constitutional, Amendments, Clauses, Judicial review, Provisions
INTRODUCTION
Amendment is then instrumental to the superstructure of the legal system in a state. They represent the voice and direction of the society and translate social will into practical legal outcomes. Amendments may be used to deal with new problems, to correct mistakes made in the past and to regulate shifting relations between the branches of government.
This study will look at key amendments to explain how they have helped India become more politically stable, make progress socio-economically, and strengthen democratic values. In the political context, these amendments alter the sharing of sovereignty and power, sometimes rebalancing the branches of the central government. In a legal perspective, they influence the ways laws are further explained and implemented, directing courts in making decisions for disputes and holding protection of liberty interest. Globally, this may influence the foreign policy, governmental or trade relations, or obligations in relation to human rights conventions. It should thus be noted that constitutional amendments are the intersection of the legal, political and society dimensions of change, and encapsulate a state’s covenant with the principles and practice of democracy, citizenship and constitutionalism. It’s super important to understand how changes to the constitution can change India’s legal and political state.
RESEARCH METHODOLOGY
This paper highlights the role of constitutional amendments in societal transformation. The researcher has referred to secondary sources of data for analyzing the relationship between constitutional amendments and society. Secondary sources of data upon which the research is based includes newspapers, books, articles etc. published by the government and also various websites.
REVIEW OF LITERATURE
An important role of the constitutional amendments is found in the fact that constitutional changes mirror the change in the societal cultures and norms over time. This is because as societies evolve, constitutions have to should evolve as well with the intention of being efficient. Constitutional amendments enable new formation that are political, social and economic to be injected in to the constitution as may be deemed befitting the current conditions within society. This is important for the state as it is in keen interest to uphold its legitimacy and stability and for want of the sovereign people’s needs and standards. Constitutional change can be initiated either through the adoption of a formal amendment process or through dynamic construction by the judiciary: it is evident that a constitution has to be changed to suit the new circumstances and newly evolving values of the polity. In this way, through this process of constitutional reform, the societies can guarantee that the basic legal framework that the people must adhere to is still in line with those core values and ideals.
FIRST AMENDMENT ACT, 1951
India faced a lot of problems that were fights between different classes of people, making sure land was fair for everyone, and talking about how free they should be. The head at that time, Prime Minister Jawaharlal Nehru, he understood that they had to make some changes in the Constitution. This would help deal with these big issues and allow for changes to how society and the economy.
Through the 1st amendment, certain sections of FR’s were altered. It set limits on freedom of speech and expression and clarified that laws could be made giving special provisions to society’s most deprived groups while ensuring equality rights. The nature of right to property has also changed from a fundamental right to a legal right. Compensation for state-acquired property was considered appropriate.
Article 31 was separated into two new parts i.e. Articles 31A and 31B. Article 31A said that laws about changing land ownership couldn’t be questioned in court. Article 31B and the Ninth Schedule protect special laws from being checked by judges. This assisted in elimination of old systems like zamindari and making land reforms happen smoothly. This led to Articles 31(A), 31(B), and 31(C) maintain protection of land reform laws. But it’s kind of overshadowed individual freedom.
This amendment not only extended the reach of judicial review by including certain restrictions as to limit freedom of speech & expression. It included reasonable restrictions under clause (2). In 1973 case, it was observed that courts can’t lose their power to review laws. Additionally, Article 15(4) was included giving power to the state to create specific arrangements for the progress of socially and educationally backward classes, such as Scheduled Castes and Scheduled Tribes. This moves a significant role in promoting social justice and equality. The validity of the 1st Constitutional amendment was disputed in the Supreme Court. However, the court confirmed its validity in the well-known Shankari Prasad case.
FOURTH AMENDMENT ACT, 1955
In the year 1955, 4th amendment was introduced in the Indian Constitution which provided some key proposals to alter the provisions of the constitution. It amended Article 31 of the Indian Constitution. Right to property was no longer a fundamental right and made a legal right. Also, the amendment acts modified Article 74 of the Indian Constitution as to expand the role and power of the executives in the appointment of judges and other judicial officials. It extended scope of Article 31A in the Indian Constitution. This was to give a cover of laws to secure the acquisition of estates and the payment of compensation for such acquisitions. Article 31B was also inserted in the Indian Constitution. This was done actually to justify the specific land reforms laws that had been passed by a number of the state government of India.
Another major alteration brought by the amendment was related to the amendment of Article 39(b). This change was made for keeping a check on how wealth gets distributed within the economy. The amendment acts also inserted Article 368(3) in the Indian Constitution to grant the power that a constitutional amendment could not be challenged on the grounds that any of the fundamental rights under the Constitution of India are violated.
TWENTY-FIFTH AMENDMENT ACT, 1971
The twenty-fifth Amendment Act, 1971 curtailed the fundamental right to property. This change was a good step advancing the property rights. It was decided to go with term “amount” in lieu of the term “compensation”. The goal was to make it easier to follow the directive principles in the constitution. They added Article 31C to give priority to directive principles over fundamental rights when it comes to property. It basically said that laws following specific directive principles wouldn’t be considered void or against fundamental rights. The courts couldn’t question any policies made to support these principles once this change was in place.
The amending of Article 31(2) by the 25th Amendment brought in the aspect that intended acquisition by the state of private property for the purpose of public use shall be deemed to be lawful although the compensation paid will be below the market value of the property acquired. The Parliament passed the Twenty-fifth Amendment Act on 20 April 1972.
FORTY- SECOND AMENDMENT ACT, 1976
The Indian National Congress, led by Indira Gandhi, enacted the 42nd Constitutional amendment act of 1976. Owing to the substantial modifications it made to the Indian Constitution, this act has gained the epithet of “mini constitution.” This amendment notably revised the Preamble, 40 articles, and the seventh schedule of the Constitution, and added 14 new articles and two additional parts to the document. This amendment aimed to decrease the Supreme Court and High Court’s ability to determine the constitutionality of laws. Additionally, it aimed to bring more centralized features to Parliament and change the fundamental features of the Indian Constitution.
The Act made several changes, such as:
● Adding the terms “socialist” and “secular” to the preamble and replacing “unity” with “unity & integrity.”
● Administrative tribunals were set up under part XIV.
● Reducing the High Court’s power over the tribunals and the power related to writ jurisdiction by deleting the words “for any other purpose.”
● Parliament got more power to create laws against things like anti-national activities. These laws are now more important than our Fundamental Rights.
● It’s easier now to declare a national emergency in just part of India. Also, no need for a minimum number of people in the Parliament or State Legislature.
● Regarding the Indian judiciary it envisaged the formation of an All-India Judicial Services.
● 39(f) was switched up to ensure opportunities for healthy development with freedom and dignity, safeguarding children and youths from exploitation and neglect.
● Article 48A on the environment and 43A on worker involvement in industries were added. Fundamental duties were introduced under a fresh part IVA.
● Article 74 saw modifications empowering the President to act upon the advice of the council of ministers headed by the Prime Minister.
● Amending Article 31C to provide immunity to laws aimed at implementing the state’s policy from being declared unconstitutional due to violating fundamental rights. The original enactment under the Twenty-Fifth Amendment Act, 1971 applied only to (b) and (c) of Article 39, but now it covers all directive principles.
The amendment faced criticism not for adding a few articles or directive principles but for making significant changes to the judicial review system and adding a new clause, Clause 4, to Article 368. Parliament has an unlimited power to amend the constitution before the decision of the 1976 case. In this case, it was held that the Parliament’s power to amend the Constitution is limited by doctrine of prospective overruling. Although the Parliament can amend the Constitution but it cannot change the basic structure of the Constitution. As stated on Article 368 (4), there is no amendment of this Constitution (including the provisions of Part III) has been made or purporting to have been made under this article shall be challenged in any court on any ground. In the Cumulative impact, the power of the parliament to amend was created unlimited. In 1980 case and later on in Waman Rao case they said that the power of amendment is restricted and is a basic structure.
FORTY- FOURTH AMENDMENT ACT, 1978
The 44th Amendment which was inserted to the Indian Constitution aimed to rectify the imbalances caused by the 42nd Amendment. Its main motive was to safeguard the secular or democratic nature of the Indian Constitution, preserve fundamental rights, hold free and fair elections based on adult suffrage. The changes made by this amendment are as follows:
- The amendment laid down provisions related to the matters contained in Article 71 with regard to the election of a President or Vice-President by the Supreme Court.
- Article 74 was revised by the president that required the council of ministers to reconsider any advice, resulting that the president is tied by such reconsideration.
- Article 358 brought a change in the provision to state, “while the proclamation of emergency is in operation” and a proclamation of emergency under clause (1) of Article 366 of the Constitution read with the Article 352 which states “a situation arising out of war or external aggression affecting the security of India”.
- Article 361 was added which ensured that the publication of proceedings of parliament and state legislature were protected. It provided that no person should be made liable for merely publishing in a newspaper, a report which is for the most part, true except where it could be shown with certainty with malice, either in civil or in criminal law in any court.
- Article 22 states that no law that provides for the preventive detention shall authorize the detention of a person exceeding two months without the approval from an authority in consultation with the Chief Justice of High Court.
Initially right to property was a fundamental right and later it became a legal right as a result of this amendment. This amendment excluded Article 19(1)(f), that provided the citizens to acquire, hold, and dispose of property and Article 31, which provided the compulsory acquisition of property.
FIFTY- SECOND AMENDMENT ACT, 1985
The Fifty- Second Amendment Act, also called the Anti-Defection Law. This law set up rules to disqualify members of Parliament and state legislatures if they defect. It was passed in 1985 when Rajiv Gandhi was in. The main goal to stop politicians from switching parties just for their benefit. By the way, this act brought in a new schedule, the 10th schedule, to our Constitution. The conditions for disqualification are listed in this schedule. They can change based on whether someone is nominated, a member of a political party, or elected independently. The law changed Article 102 of the Constitution too. It added a clause that states if someone is disqualified under the 10th schedule, they can’t be a member of Parliament anymore. Similarly, Article 192 of the Constitution got an update. Now, if someone is disqualified under the 10th schedule, they can’t be part of the state legislative assembly or council either.
If a member of parliament gets disqualified for defection, the presiding officer of the house is the one who deals with that. Originally, it was stated that whatever decision the presiding officer makes is final and can’t be challenged in any court. According to Paragraph 7 of the Tenth Schedule, judicial review is limited when it comes disqualifications. The 39th and 42nd amendments were made to prevent judicial review. But in a case of 1993, the Supreme Court said no way! They found this rule unconstitutional because it tries to stop the Supreme Court and high courts from getting involved. The court said that when the presiding officer makes a decision under the Tenth Schedule, they act like a tribunal. So just like any other tribunal, their decision can be reviewed by courts if there are reasons like bad intentions or being unreasonable.
SEVENTY- THIRD AND SEVENTY- FOURTH AMENDMENT ACT, 1992
The 73rd and the 74th Constitutional Amendment Acts, 1992 enjoin upon the state to establish three-tier system of Panchayats at the village level, intermediate and district level and municipal corporations. The 73rd Amendment Act of 1992 is related to Rural Panchayati Raj, and the 74th Amendment Act of 1992, which applies to Urban Municipal Corporations, were both enacted to give effect to Article 40 of the Indian Constitution. These amendments were introduced in 1991 when P.V. Narasimha Rao was Prime Minister.
The 73rd amendment requires elections to be held every 5 years. The amendment assigns various functions and responsibilities to ULBs related to urban planning, water supply, slum improvement, and public health. Articles 243 to 243(O) were inserted by the 73rd Constitutional Amendment Act. It gave recognition to the Panchayati Raj. Panchayat is an ancient Institution and modern type was introduced by Lord Rippon. The 74th Constitutional Amendment Act 1992 is related to municipalities. It requires the establishment of a State Finance Commission to review and improve the financial status of urban local bodies. It mandated the reservation of One-third of the seats for women, including those from SC and ST communities.
EIGHTY- SIXTH AMENDMENT ACT, 2002
This amendment brought various changes in the Indian constitution. These changes include insertion of new article 21A which made education a fundamental right. Another change was that article 51A clause(k) was added under the section of Fundamental duties. Article 45 of the Indian constitution was substituted through this amendment.
NINETY- NINTH AMENDMENT ACT, 2014
The National Judicial Commission Act (NJAC) established by the 99th Constitutional Amendment Act back in 2014. At the same time, the Constitutional 121st Amendment Bill of 2014 brought in the National Judicial Appointments Commission (NJAC). This Bill sets out how the NJAC should go about suggesting candidates for top judicial positions in India. In India, there is a term ‘Collegium’, where only judges can pick and move around other judges. The whole idea behind it is to make sure appointments are solid and fair. Article 124A made its debut right after Article 124 in the Constitution due to the 99th Amendment. This amendment led to the substitution of NJAC for the collegium system in the appointment of judges. However, the SC retained their old collegium system because NJAC was messing with the core principles and independence of the judiciary.
ONE HUNDRED AND FIRST AMENDMENT ACT, 2016
The 101st Constitutional Amendment Act brought the introduction of India’s Goods and Services Tax (GST). It is a unified tax system that has replaced several indirect taxes imposed in our country. With this amendment, the power to levy and collect taxes on goods and services has been provided to the central and state governments. The primary aim behind this amendment was to make life easier by introducing the ‘Goods and Services Tax’ (GST) through the 101st Constitutional Amendment Act.
CONCLUSION
Analyzing studies regarding the constitutional amendments in India and their effects one can come across the intricacy of the process of provoking the change while providing the legal base for the given society at the same time. The provision of the amendment has been crucial in the management of the needs of a democracy that has to undergo various changes as a result of its large population and diverse demography. These changes have helped India become more open-minded, socio-economic transformation and growth of democracy. But dynamics of changing constitution also gives the signal of difficulty of compromising to these interests and of preserving the ideals of the document.
Although constitutional amendments have been beneficial for India’s growth and adaptation to new challenges, but this should be done more judiciously so as not to compromise the sanctity of the Constitution of India. Some key amendments, like the 42nd and 44th, have shown that there can be both positive and negative outcomes. In this regard, the judiciary still has the responsibility to interpret the Constitution in advanced manner. Thus, amendments to the constitution have had a profound impact on India’s institutions and development. They express how the nation is progressing to a liberal and fair society.
CHAHAT
UNIVERSITY INSTITUTE OF LEGAL STUDIES
PANJAB UNIVERSITY, CHANDIGARH