Article 368 of the Indian Constitution plays a pivotal role in maintaining a balance between constitutional stability and social progress. It provides the process by which the Constitution can be amended, allowing for adaptation to changing societal needs, values, and circumstances. This provision enables the Constitution to evolve over time while preserving its core principles, thus ensuring both continuity and flexibility in India’s constitutional framework.
The process outlined in Article 368 not only allows for incremental changes but also maintains the Constitution’s stability, which is critical for the functioning of a democratic polity. At the same time, it ensures social progress by accommodating necessary reforms that reflect the changing aspirations of the people. This dual role of ensuring constitutional stability while fostering progress has allowed India to adapt to socio-political transformations without undermining the foundational principles of the Constitution.
Article 368
Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. It empowers the Parliament to amend the Constitution, and specifies the procedures for different types of amendments. The provision includes the following key elements:
- Power of Amendment: Parliament has the power to amend the Constitution, but amendments must follow specific procedures.
- Procedure for Amendment: Amendments can be made either by a simple majority, a special majority, or a special majority with ratification by the States, depending on the nature of the amendment.
- Limitation on Amendments: Article 368 allows for amendments to any part of the Constitution, except those provisions that define the basic structure of the Constitution. The basic structure doctrine, developed by the Supreme Court in the landmark Kesavananda Bharati (1973) case, holds that the basic structure cannot be amended.
ARTICLE 368 AND CONSTITUTIONAL STABILITY
Constitutional stability is the idea that the Constitution provides a stable legal framework for governance, which is essential for maintaining political and social order. At the same time, flexibility is required to accommodate the evolving needs of society.
Rigidity and Flexibility
- Rigidity: The Constitution, in its original form, was designed to be relatively rigid, ensuring that essential principles such as secularism, democracy, and federalism could not be altered easily. This rigidity has provided constitutional stability, ensuring that there is a constant set of guiding principles for governance.
- Flexibility: At the same time, Article 368 provides flexibility, allowing Parliament to adapt the Constitution to changing circumstances. The requirement of a special majority and, in some cases, State ratification, ensures that amendments are not made arbitrarily and require broad consensus. This deliberate flexibility has enabled India to make necessary changes without compromising the fundamental structure of the Constitution.
THE BASIC STRUCTURE DOCTRINE
The basic structure doctrine evolved by the Supreme Court ensures that the essential features of the Constitution, such as the secular nature of the state, democracy, republican form of government, and judicial review, cannot be altered by an amendment. This doctrine serves as a safeguard, ensuring that constitutional stability is maintained while also permitting amendments to address the needs of a changing society.
The Kesavananda Bharati case (1973) established that Parliament cannot amend the Constitution in a manner that would alter its basic structure. This has created a system of checks and balances where social changes can be incorporated through amendments, but not at the cost of undermining the core values that define the Indian Republic.
SOCIAL PROGRESS THROUGH AMENDMENTS
Social progress refers to the ability of the Constitution to evolve and address changing social, economic, and political needs. Article 368 facilitates this process by allowing the Parliament to amend the Constitution in response to new social realities.
Empowerment and Rights-Based Reforms
- Expansion of Fundamental Rights: Over time, the Constitution has been amended to broaden the scope of Fundamental Rights, making the Constitution more responsive to the needs of marginalized and vulnerable sections of society. For instance:
- The 44th Amendment (1978): This amendment reversed some of the provisions introduced during the Emergency period (1975-77), thereby strengthening civil liberties and safeguarding individual freedoms.
- The 86th Amendment (2002): This amendment introduced Article 21A, making education a fundamental right for children aged 6 to 14 years. This reflected the government’s commitment to addressing educational disparities and promoting social equity.
- The 73rd and 74th Amendments (1992): These amendments empowered local self-government by giving constitutional status to Panchayats and Municipalities, promoting grassroots democracy and inclusive governance.
- Affirmative Action for Social Justice: Amendments to the Constitution have also expanded affirmative action for Scheduled Castes, Scheduled Tribes, and Other Backward Classes (OBCs):
- The 77th Amendment (1995): This allowed for reservation in promotions for Scheduled Castes and Scheduled Tribes in government jobs, enhancing social justice.
- The 93rd Amendment (2005): It enabled the provision of reservations in private educational institutions for OBCs and economically weaker sections (EWS), further promoting inclusive education and social progress.
Gender Justice and Social Equality
India has made substantial progress in gender equality through constitutional amendments:
- The 73rd and 74th Amendments (1992): These amendments also reserved one-third of seats in Panchayats and Municipalities for women, ensuring their participation in political and decision-making processes at the grassroots level.
- The 33% Reservation for Women in Parliament and State Assemblies: Although this Women’s Reservation Bill has not yet been passed, discussions and debates have been an integral part of political discourse, aiming to empower women and bring about greater gender equality.
Economic and Administrative Reforms
- The 42nd Amendment (1976): One of the most significant amendments, often referred to as the Mini-Constitution, brought about key changes to the balance between the Centre and States, as well as the Fundamental Duties of citizens. It emphasized a socialist approach to governance and reinforced the central authority, which allowed for better management of national resources and planning for social progress.
- The 101st Amendment (2016): This established the Goods and Services Tax (GST), a comprehensive indirect tax system aimed at unifying the national market, promoting economic progress, and simplifying tax administration. The GST reflects the progressive nature of India’s constitutional evolution, addressing modern economic challenges.
RECENT AMENDMENTS AND THEIR ROLE IN SOCIAL PROGRESS
Recent amendments continue to reflect the dynamic relationship between constitutional stability and social progress.
The 103rd Amendment (2019): 10% Reservation for Economically Weaker Sections (EWS)
This amendment introduced a 10% reservation for economically weaker sections (EWS) of society in education and employment, irrespective of caste. This amendment reflects the growing awareness of economic inequality and the need for affirmative action to ensure social mobility. It highlights how the Constitution can adapt to emerging social concerns, such as economic disparities.
The 104th Amendment (2019): Extension of Reservation for SCs and STs
This amendment extended the reservation of seats in the Lok Sabha and State Assemblies for Scheduled Castes and Scheduled Tribes for another 10 years. This reflects the continuing commitment to social justice and the empowerment of historically marginalized communities.
Balancing Stability and Progress
Article 368 has been crucial in allowing the Indian Constitution to evolve while maintaining its fundamental stability. It strikes a delicate balance between respecting the core values of the Constitution and accommodating necessary social progress through amendments.
- The rigidity of the Constitution ensures that essential democratic and secular principles are preserved, while the flexibility of Article 368 allows the Constitution to be responsive to the changing needs of society, addressing issues like social justice, gender equality, education, and economic reform.
- The basic structure doctrine ensures that no amendment undermines the Constitution’s core values, while still allowing for necessary modifications to promote social equity and national integration.
Conclusion:
In conclusion, the role of Article 368 has been instrumental in ensuring that India remains a stable democracy that evolves in response to its diverse and ever-changing social landscape. The recent amendments are a testament to the Constitution’s capacity to embrace social progress while preserving the essential unity and stability of the Indian state.
