Article 368 and some important amendments to the constitution of India.

 Article 368 and some important amendments to the constitution of India.

By swatee Shukla

Article 368-Under Article 368 of the Indian Constitution, the Parliament is empowered to amend it

and its procedures. Amendments to the Indian Constitution are not easy to produce and require

compliance with other provisions. Article 368 grants Parliament some powers allowing it to amend it

while keeping its fundamental form just the same. Article 368 of the Constitution of India cites two

types of amendments to the Constitution of India. The form of amendment is by a simple legislative

majority (Lok Sabha & Rajya Sabha), the second type of amendment is by a special parliamentary

majority, and the third type is with the approval of a special majority and by half the total state.

The constitution of India, having been adopted on 26 th November 1949, has undergone numerous

changes since the nearly 7 decades it was enforced. While none of the amendments are

insignificant, many have assumed a grant amount of significance over the years due to the manner

of its passing, the subject matter, or the judiciary's reaction to the same.

The first amendment to the constitution took place just after a year of enactment, i.e. in 1951 –

amended articles 15 &19 and inserted articles 31A, 32B, and schedule 9. This amendment added a

special provision for the advancement of any socially and educationally backward classes or the

scheduled castes and scheduled tribes and to fully secure the constitutional validity of zamindari

abolition laws and to place a reasonable restriction on freedom of speech. A new constitutional

device called scheduled 9 was introduced to protect laws that are contrary to the constitutionally

guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech, and

equality before the law.

Another such important amendment was 24 th amendment in the year 1971 which amended articles

13 and 368 and enabled parliament to dilute fundamental rights through amendments to the

constitution. Further, in the year 1972, the 25 th amendment took place which amended article 31

and inserted article 31C resulting in restricting property rights and compensation in case the state

takes over private property. However, the supreme court quashed a part in article 31C, to the extent

it took away the power of judicial review. This was done in the landmark case of Kesavananda Bharti

v. State of Kerala which for the first time enunciated the basic structure doctrine.

The next amendment was 39 th amendment which took place in 1975 and amended articles 71 and

329 and schedule 9 and inserted article 329A. This amendment was made to nullify the judgment of

Allahabad High Court invalidating prime minister Indira Gandhi’s election to parliament. Amendment

restricted judicial scrutiny of the post of prime minister. The amendment was introduced and passed

very quickly. As a consequence of this amendment to the constitution of India, the supreme court of

India scheduled a hearing of a petition challenging prime minister election infructuous. Later,

however, Article 329A was struck down by the supreme court in the case of Indira Nehru Gandhi vs

Shri ram Narain, for violating basic structure.

Next comes the 42 nd amendment, also well known as mini-constitution. 42 nd amendment took place

in the year 1976 which amended over 45 articles, and schedule 7. It also inserted over 10 articles.

The said amendment was passed during an internal emergency by Indira Gandhi. It provides for

curtailment of fundamental rights, imposes fundamental duties, and changes to the basic structure

of the constitution by making India a “socialist, secular” republic. However, the supreme court, in

Minerva mills v. union of India, quashed the amendments to articles 32C and 368 as it was in

contravention with the basic structure of the constitution.