9.3. HOW TO AMEND THE CONSTITUTION?

Article 368: …Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.

Article 368 of the Indian Constitution outlines the procedure for amending the Constitution. This article grants Parliament the authority to make changes, whether they are additions, modifications, or repeals of existing provisions. This means that the Parliament serves as the body that decides if a change should be made and what that change will be.

Think of a recipe for a dish. The recipe is like the Constitution, a guide to how to create something specific. If you want to change a recipe, you can add more spices (addition), reduce some ingredients (variation), or even remove unnecessary steps (repeal). The Parliament functions like a chef who follows the recipe but can adjust according to taste.

The makers of our Constitution wanted to strike a balance. The Constitution must be amended if so required. But it must be protected from unnecessary and frequent changes. In other words, they wanted the Constitution to be ‘flexible’ and at the same time ‘rigid’. Flexible means open to changes and rigid means resistant to changes. The Indian Constitution combines both these characteristics.

The framers of the Indian Constitution recognized the need for the document to be both flexible and rigid. This means it can be updated to reflect current realities (flexibility), but also that it shouldn't be changed too easily or too often (rigidity). This balance ensures that the Constitution remains relevant and stable over time.

Consider a smartphone that regularly receives software updates. The updates (flexibility) improve performance and security. However, if the operating system changes every week without good reason, it can lead to confusion and problems (rigidity). A user-friendly balance keeps the phone functional without it becoming unmanageable.

For amending the remaining parts of the Constitution, provision has been made in Article 368 of the Constitution. In this article, there are two methods of amending the Constitution and they apply to two different sets of articles of the Constitution.

Article 368 provides two primary methods for amending the Constitution: the first requires a special majority of both Houses of Parliament, and the second is more complex, requiring the special majority and the consent of half the States. This distinction underlines the importance of careful consideration when changing certain fundamental aspects of governance.

Imagine changing the rules of a game. Some rules can be changed with just the consent of the referees (simple majority), while others might need both the referees' and the players' agreement (special majority with state consent). This ensures cooperation and fairness in the changes being made.

Ordinarily, all business of the legislature requires that a motion or resolution or bill should get the support of a simple majority of the members voting at that time. However, an amendment to the Constitution requires two different kinds of special majorities...

A special majority means that more than just a simple majority is needed for constitutional amendments. This involves two requirements: (1) the amendment must receive support from at least half the total membership of the House, and (2) it must be supported by at least two-thirds of those present and voting. This requirement ensures that amendments reflect a broader consensus.

Think of a large community decision, like whether to build a new community center. If only a few people vote and those few decide, it doesn’t represent the community. A special majority acts like requiring a larger gathering for a community meeting, ensuring that a significant portion of members agree on an important change.

For some articles of the Constitution, special majority is not sufficient. When an amendment aims to modify an article related to distribution of powers between the States and the central government, or articles related to representation, it is necessary that the States must be consulted and that they give their consent.

Certain amendments that affect the balance of power between the central government and the states require approval not just from Parliament but also from the state legislatures. This ensures that states have a voice in significant changes that might impact their powers and responsibilities.

Consider a family decision about moving to a new house. If it's going to affect everyone in the family, it’s not just up to one person to decide. Everyone should be consulted. In this way, state governments are involved in decisions that affect their roles in governance.

The founding fathers took care that Constitution would not be open to easy tampering. And yet, future generations were given the right to amend and modify according to the needs and requirements of the time.

The Constitution is designed to be sturdy yet adaptable. The framers intended it to be difficult to alter major features but allowed for necessary changes to be made to reflect changing societal values and needs. This layered protection encourages respect for the Constitution while also ensuring it stays relevant.

Think about an old, cherished family photo album. You wouldn’t want to lose any of those precious memories (rigidity). Yet, as the family grows, you might want to add new pictures from recent events. This shows how something can hold value while still evolving.

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