Constitutional Amendments Part1

Summary

The video discusses the power of the Indian Parliament to amend the Constitution, focusing on Article 368, which outlines the amendment process. It highlights the significance of the Basic Structure Doctrine, established in the 1973 Kesavananda Bharati case, where the Supreme Court ruled that amendments damaging the Constitution's basic structure are unconstitutional. The video also touches on landmark cases like Indira Gandhi vs. Raj Narain and Minerva Mills vs. Union of India, emphasizing the complexity of the amendment process and the judiciary's role in reviewing amendments.

Takeaways

• 📜 The power of the Indian Parliament to amend the Constitution is discussed under Article 368.
• 🧠 The basic structure doctrine prevents Parliament from making amendments that harm the Constitution's fundamental framework.
• ⚖️ The landmark case Kesavananda Bharati vs. State of Kerala (1973) introduced the basic structure doctrine.
• 🏛️ The Supreme Court has invoked the basic structure doctrine in several cases over the last five decades.
• 📚 Constitutional amendments can be passed by a 2/3 majority in both Houses of Parliament, with more than 50% of total membership.
• 🔧 Amendments can follow either the special legislative process or the extraordinary process requiring ratification by half of the states.
• ⚡ The basic structure principle has been examined in multiple landmark cases like Indira Gandhi vs. Raj Narain and Minerva Mills vs. Union of India.
• 📖 Black's Law Dictionary defines an amendment as a proposed improvement or modification in legislation.
• 📝 Amendments related to federal structure, election of the president, and distribution of legislative powers require ratification by state legislatures.
• 🏛️ The interpretation of Article 368, including constitutional amendments, is under the jurisdiction of the Indian Supreme Court.

Q & A

What is Article 368 of the Constitution of India about?

Article 368 of the Constitution of India deals with the power of Parliament to amend the Constitution. It outlines the procedures and conditions under which the Constitution can be amended.

What is the significance of the 'basic structure doctrine' in Indian constitutional law?

The basic structure doctrine limits Parliament's power to amend the Constitution by prohibiting any amendment that damages or destroys the basic structure of the Constitution. It was established in the 1973 Kesavananda Bharati case.

What was the landmark case that introduced the basic structure doctrine?

The basic structure doctrine was introduced in the landmark case Kesavananda Bharati vs. State of Kerala, decided by the Indian Supreme Court in 1973.

How does the amendment process differ for certain provisions under Article 368?

For most provisions, amendments can be passed by a two-thirds majority of members present and voting in each house of Parliament. However, certain provisions, such as those related to federal structure, require not only this majority but also ratification by at least half of the state legislatures.

What role does the Supreme Court play in the amendment process of the Constitution?

The Supreme Court of India has the power to review constitutional amendments to ensure they do not violate the basic structure doctrine. The interpretation of Article 368 and its scope is also within the Supreme Court's jurisdiction.

What are some significant cases where the basic structure doctrine was applied?

The basic structure doctrine has been applied in several cases, such as Indira Nehru Gandhi vs. Raj Narain, Minerva Mills Ltd. vs. Union of India, and V.Rau vs. Union of India.

What does 'amendment' mean according to Black's Law Dictionary?

According to Black's Law Dictionary, an amendment is a writing made or proposed to improve or modify an existing principle or law. In the context of legislation, it refers to a change or modification proposed in a bill or enacted law.

How many modes of constitutional amendments are provided under Article 368?

Article 368 provides two modes for constitutional amendments: the special legislative process and the extraordinary legislative process involving proposal and ratification by state legislatures.

What matters require the extraordinary legislative process for amendment under Article 368?

Matters that require the extraordinary process include the election of the President, the distribution of legislative power between the Union and states, the powers of the Supreme Court and High Courts, and amendments to Article 368 itself.

What is the significance of the case Shankar Prasad vs. Union of India regarding constitutional amendments?

In the Shankar Prasad vs. Union of India case, the Supreme Court held that constitutional amendments under Article 368 are legislative acts subject to judicial review, ensuring that they do not violate the basic structure of the Constitution.

Outlines

00:00

📜 The Power of Parliament to Amend the Constitution

This paragraph introduces the final topic of the course, focusing on the power of the Indian Parliament to amend the Constitution under Article 368. It highlights the importance of the amendment power in the Constitution of India, referencing the significant case of Kesavananda Bharati vs. State of Kerala (1973). The landmark ruling emphasized that any law destroying or damaging the basic structure of the Constitution would be deemed unconstitutional. It mentions that the concept of 'basic structure' imposes implied limitations on Parliament's amendment powers, a principle frequently revisited by the Supreme Court over the years.

05:01

📚 Cases Involving the Basic Structure Doctrine

This paragraph reviews several key cases where the principle of the basic structure was applied or analyzed by the Supreme Court of India. The cases mentioned include Indira Nehru Gandhi vs. Raj Narain, Minerva Mills Ltd. vs. Union of India, and others. These rulings demonstrate how the basic structure doctrine has been evaluated and worked out over time. Despite efforts to concretely apply and define the principle, there remains ambiguity around its scope. The paragraph also briefly explains that constitutional amendments requiring more complex procedures typically relate to the federal structure and other critical constitutional matters.

Keywords

💡Parliament

The Parliament is the legislative body of India with the authority to amend the Constitution under Article 368. In the video, the discussion revolves around the Parliament's power to change or update the Constitution, which is distinct from its ability to pass ordinary laws.

💡Article 368

Article 368 of the Indian Constitution grants the Parliament the power to amend the Constitution. It sets out two procedures for amendments: a special legislative process and an extraordinary legislative process. The video highlights the importance of this Article in maintaining the balance between flexibility and stability in constitutional law.

💡Basic Structure Doctrine

The Basic Structure Doctrine is a judicial principle that limits the Parliament's power to amend the Constitution. Established by the Supreme Court in 1973, it holds that certain fundamental aspects of the Constitution cannot be altered. The video refers to this doctrine in the context of protecting the core elements of the Constitution from being destroyed or damaged by amendments.

💡Kesavananda Bharati case

The Kesavananda Bharati v. State of Kerala case is a landmark judgment in which the Supreme Court of India formulated the Basic Structure Doctrine. This case, decided by 13 judges in 1973, is central to understanding the limitations on Parliament’s amending power. The video mentions this case as a pivotal moment in constitutional law.

💡Constitutional Amendment

A Constitutional Amendment is a formal change or addition to the Constitution. The video explains that the procedure for amending the Indian Constitution is outlined in Article 368, with amendments requiring a two-thirds majority in Parliament. It also touches on how amendments can affect the balance of power and federal structure.

💡Supreme Court

The Supreme Court of India is the highest judicial authority in the country, with the power to review Constitutional Amendments. The video discusses how the court has used its power of judicial review to uphold or strike down amendments that violate the Basic Structure Doctrine.

💡Judicial Review

Judicial Review refers to the power of the Supreme Court to examine the constitutionality of legislative acts, including amendments passed by Parliament. The video emphasizes how this power ensures that amendments comply with the core principles of the Constitution.

💡Federal Structure

The federal structure of India is the system that divides power between the central government and the states. Some amendments, particularly those affecting the balance of power between the Union and the states, require ratification by at least half of the states. The video discusses how amendments related to this structure need to follow a special legislative process.

💡Amendment Procedure

The Amendment Procedure under Article 368 outlines how changes can be made to the Constitution. There are two modes: a special legislative process requiring a two-thirds majority and an extraordinary process requiring ratification by states. The video breaks down this process, emphasizing how it preserves the integrity of critical constitutional provisions.

💡Indira Nehru Gandhi v. Raj Narain

This case is one of the key judicial decisions mentioned in the video that examined the application of the Basic Structure Doctrine. It involved the review of a constitutional amendment and further solidified the Supreme Court’s role in safeguarding the Constitution's fundamental principles.

Highlights

The power of the Parliament to amend the Constitution of India is dealt with under Article 368.

Article 368 lays down two modes for constitutional amendments: the special legislative process and the extraordinary legislative process involving proposal and ratification.

Amendment power is a critical aspect of the Constitution of India, sparking substantial debates, especially around the Basic Structure Doctrine.

The Supreme Court's landmark case, Kesavananda Bharati v. State of Kerala (1973), established that any law damaging the Constitution's basic structure is unconstitutional.

The doctrine of the basic structure imposes implied limitations on Parliament's power to amend the Constitution.

Since 1973, the Supreme Court has invoked the basic structure doctrine in several cases, although its true scope remains complex.

Indira Nehru Gandhi v. Raj Narain and Minerva Mills v. Union of India are key cases that further examined the basic structure principle.

Blacks Law Dictionary defines an amendment as a writing proposed to improve or modify an existing law.

Under Article 368, an amendment to the Constitution requires a two-thirds majority in both Houses of Parliament and, in some cases, ratification by at least half of the state legislatures.

Matters requiring an extraordinary legislative process for amendment include the election of the President, distribution of powers between the Union and states, and the judiciary.

The Supreme Court has the authority to review and interpret constitutional amendments under Article 368.

The court’s interpretation of Article 368 plays a pivotal role in determining the validity of amendments introduced by Parliament.

In Shankari Prasad v. Union of India, the Supreme Court held that constitutional amendments are legislative acts subject to judicial review.

Shankari Prasad case interpretation clarified the application of the word 'law' in Article 13, which does not extend to constitutional amendments.

The lecture concludes by emphasizing the significance of understanding the basic structure doctrine and the processes involved in constitutional amendments.

Transcripts

hello dear students we are going to

discuss about the last topic of this

course the power of the parliament to

amend the Constitution of India I hope

you recollect the scope of Article 13 of

the Constitution of India which you have

studied in the beginning of this course

every written Constitution provides

within itself the methods of its

alteration or Amendment which is quite

different from that employed in altering

or repealing an ordinary law under the

constitution of India power of the

parliament to amend the Constitution is

dealt under article 368 amendment power

is one of the most important part of the

Constitution of India and the same has

been subjected to substantial debates

and discussions especially in the light

of the basic structure Doctrine

hope you all remember the landmark case

kesan thehi versus state of Kerala

decided by the 13 judges of the Indian

Supreme Court in the year 1973 wherein

the Supreme Court clearly stated that if

a law made by the parliament is going to

damage or destroy the basic structure of

the Constitution then that law is

unconstitutional and void coincidently

it has been 50 years since the Supreme

Court established this doctrine of basic

structure basic structure is a concept

of implied limitation on the amending

part of the Constitution during the past

more than three decades since the

inauguration of the principle of basic

structure in

1973 the Supreme Court has invoked and

applied this principle in several cases

but often experiened difficulty about

the true scope and the extent of it this

principle necessitating the intervention

of constitutional Benes in this respect

mention be made of the following cases

in which the principle of basic

structure was closely examined and

worked out Indira Neu Gandhi versus Raj

Naran minurva Mills limited and others

versus Union of India vrau and others

versus Union of India and others sahib

shim singj versus Union of India and

others and many more thereafter the

attempt was made to provide some

concrete measures to apply the basic

structure principle and provide some

yard sticks for it application but

nevertheless the position still remain

the same now let's understand the

dictionary meaning of the term Amendment

according to blacks Law Dictionary

Amendment means any writing made or

proposed as an improvement of some

principle in writing in legislation a

modification or an alteration proposed

to be made in a bill on its passage or

an enacted law also such modification or

change when made what is the meaning of

the amendment of constitution of India

to understand the meaning of amendment

we must refer to article

368 the Indian constitution lays down

two different modes for its Amendment

First Amendment through the special

legislative process Second Amendment

through the extraordinary legislative

process of proposal and ratification

leaving aside few specified matters

provided in article 368 all remaining

provisions of the Constitution can be

amended by Parliament by a majority of

2/3 of the members of each of the house

pres and voting provided that such

majority exceeds 50% of the total

membership of that house the procedure

for passing of Constitutional amendment

is the same as that prescribed for

passing any ordinary law the bill for

the Constitutional amendment can be

introduced in either House of the

parliament and requires the ascent of

the president before the bill becomes

the Constitution Amendment act the

matter specifically mentioned in article

368 which relates to the federal

structure can be amended a by a bill for

Amendment passed by a 2/3 of majority of

the members of each house present and

voting provided that such majority must

be more than 50% of the total membership

of the house B and ratified by the legis

lure of not less than 1 half of the

states the matters which require this

extraordinary procedure for Amendment

relate to the manner of the election of

the president the extent of the

executive power of the union and of the

States the Supreme Court and the high

courts the distribution of legislative

pow between the union and the states

representation of the states in the

parliament the provision of article 368

itself the Supreme Court in shangar

Prasad versus Union of India and in

subsequent cases relating to

Constitutional Amendments it was held

that passing of a constitution Amendment

under article 368 of the Constitution is

a legislative act of the parliament

which is subject to full review by the

court just like any other provisions of

the Constitution the interpretation of

article 368 itself belongs to the court

in shangar Prasad versus Union of India

the court interpreted the meaning of the

word p in the paragraph 1 of article 316

and held that it would include passing

of an amendment with amendments

introduced after its introduction in

this manner Supreme Court of India

exercise wide reviewing powers in every

question relating to constitutional

amendment can you answer the following

question can you find out which was the

first amendment how many amendments are

done so far what are the most important

amendments dear students I hope you

understood the introduction to the basic

structure thank you