Constitutional Amendments Part1
Summary
TLDRThe 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
📜 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.
📚 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.
Mindmap
Keywords
💡Parliament
💡Article 368
💡Basic Structure Doctrine
💡Kesavananda Bharati case
💡Constitutional Amendment
💡Supreme Court
💡Judicial Review
💡Federal Structure
💡Amendment Procedure
💡Indira Nehru Gandhi v. Raj Narain
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
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