Q) Discuss the salient features of the Amendment provisions in the constitution and draw the criticism against it?
Ans:-
According to Article 368 of Indian constitution, Union government can amend the constitution to suit the dynamic socio-economic changes of the society.
Example:- 10% reservation to economically weaker sections of the India other than mentioned in the article 15(4) and (5) of Indian constitution.
Salient Features:-
Flexible as well as Rigid Procedure:-
- Doctrine of Basic Structure:- “Parliament can amend any part of constitution except basic provisions.” — Keshwananda Bharati Case. Example, “Secularism is a basic structure that cannt be amended.” — S.R.Bommai case.
- Some types of amendments require simple procedure. For example, In order to create the new states, it requires simple majority.
- Some types of amendment require rigid procedure. For example, National Judicial Appoint commission Act requires not only parliamentary approval, it also requires ratification of half of state legislatures.
- Amendment Bill can be introduced in either of the house of the parliament.
- Amendment Bill can be introduced private member after due verification process.
- Amendment bill can passed by Majority of Total membership of the house present and voting and majority of two-thirds membership of the house present and voting.
- In case of deadlock, There is no joint sitting unlike the ordinary bills.
- In case of amendment to federal provisions, bill shall be passed by not less than half of state legislatures with simple majority.
- The duly passed bill by both houses of the parliament, then such bill has to be assented by president of India — 24th amendment act.
Criticism:-
- Unlike USA, there is no separate constitutional body to amend the constitution.
- There is Joint sitting incase of deadlock. For example, 64th amendment bill for local bodies couldnt pass due to rejection in rajyasabha.
- No role of states:- Bill can only be initiated by the parliament. State has no say in it. Even for the amendment to federal provisions, bill requires acceptance of only half of the states. But in USA, assent shall be from 3/4th of states.
- No time limit:- There is no time limit within which state shall respond to the duly passed bill in parliament.
- Some provision requires merely simple majority. For example, creation of new states, amendment to 5th and 6th schedule. Newly created state Andhra Pradesh is fiscally suffering due to illogical and hasty division of state.
Eventhough Amendment provisions have many and controversial criticisms, it is required to cope up with changing socio-economic dimensions of the society. If parliament observe the due diligence and take the considerations of the all stakeholders, then such amendment provision would caters the real Objective that is welfare and peaceful co-existence of all.