The Indian Constitution has been amended over 100 times, showing its adaptability.
The Constitution of India was adopted on 26 November 1949 and formally implemented on 26 January 1950.
The Indian Constitution is designed to be both rigid and flexible, allowing for amendments while protecting its core principles.
Constitutions are not static documents; many nations rewrite or amend them to respond to changing circumstances.
The Soviet Union had four constitutions in its 74-year history (1918, 1924, 1936, 1977), adopting a new one in 1993 after its disintegration.
The Indian Constitution's ability to be amended is crucial for its survival and relevance over time.
Article 368 of the Indian Constitution grants Parliament the power to amend the Constitution.
The Constitution cannot be amended by a simple majority like ordinary laws; a special majority is generally required.
Some provisions can be amended by a simple majority in Parliament, but these are not considered formal constitutional amendments.
Most provisions of the Constitution require a special majority for amendment, meaning a majority of the total membership of each House and a two-thirds majority of members present and voting.
Federal provisions of the Constitution require a special majority plus ratification by at least half of the State Legislatures.
The special majority requirement for amendments ensures broad consensus and prevents hasty changes to the Constitution.
The amendment procedure balances flexibility with rigidity, making it neither too easy nor too difficult to amend the Constitution.
Many amendments were made in the first decade after independence due to the need to implement the Constitution's provisions.
Amendments were often made to address ambiguities, fill gaps, or overcome legal hurdles in the implementation of policies.
The 42nd Amendment (1976), enacted during the Emergency, brought about extensive changes and is often called a 'mini-Constitution'.
The 42nd Amendment extended the tenure of Lok Sabha and State Assemblies to six years and imposed restrictions on judicial review.
The judiciary has played a crucial role in interpreting the Constitution and defining the limits of Parliament's amending power.
The 'Basic Structure Doctrine' emerged from the Kesavananda Bharati case (1973), stating that Parliament cannot amend the basic features of the Constitution.
The Basic Structure Doctrine prevents the Parliament from altering the fundamental character of the Constitution.
Aspects like secularism, democracy, federalism, and judicial review are considered part of the basic structure, though not explicitly defined.
The judiciary acts as an impartial arbiter in conflicts between Parliament and the people regarding constitutional amendments.
The Minerva Mills case (1980) further reaffirmed the Basic Structure Doctrine, stating that the power of judicial review is also a basic feature.
The Constitution's ability to evolve and respond to changing times without losing its core identity makes it a 'living document'.
Political practice, judicial interpretations, and the changing socio-economic needs of the society contribute to the Constitution's evolution.
The 73rd and 74th Amendments (1992) introduced Panchayati Raj and Nagar Palikas, empowering local self-governance.
These amendments reflect the Constitution's responsiveness to the demand for decentralization of power.
The Indian Constitution is a democratic document designed to evolve and adapt through collective wisdom and democratic processes.