HPAS/Allied Mains 2022 Answer Writing Challenge Day 91 : Model Answer

Question: Examine the amendment procedure of Indian constitution as a healthy balance of continuity and change. (4 marks 60 words)

Answer: 

Article 368 in Part XX lays down procedure for amendment of constitution by way of addition, variation or repeal of any provision by parliament. India has taken the amendment process from South Africa and it is neither flexible nor rigid but a synthesis of both.

Amendment procedure as a healthy balance of –

• Continuity: This implies that amendment process have helped to retain basic principles of constitution intact for 70 years
• Rigid process: Requirement of special majority for important provisions like fundamental right, DPSP,Preamble etc.
• Ratification by states: This ensures that the federal character of the constitution is upheld. This gives say to states in amendment which have impact on their legal power. E.g. VIIth schedule
• No joint sitting: This ensures that a single party having a majority in lower house doesn’t dictate the terms. This ensures effective discussion and consensus building on amendment.

Change: This implies that there is certain flexibility in the amendment process which ensures that it stands the test of time and evolves with growth of society.

• Simple majority: Most of the provisions in the constitution can be amended by simple majority. E.g Citizenship, Election to parliament etc.
• No extraordinary terms and conditions as in America or Australia,but has provided for a facile procedure for amending the Constitution.