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.