• The Indian Constitution is not merely a legal document setting out the fundamental laws for governance of India, but also a living and dynamic document. 
• This document was designed to address the diverse aspirations of the Indian people.
• Amendment means changing one or more parts of the Constitution, and it can be done by adding a new provision, deleting an existing provision, or revising or modifying a provision.
• So far, as many as 106 amendments have been carried out in our Constitution.

Evolution of our Constitution during British Rule: 

• The present Constitution has evolved from a century-long British Rule during which the British Parliament enacted a number of acts that provided a framework of government and administration to India. 
• Our present Constitution has evolved from these acts. Of these acts, the Councils Act of 1909, the Government of India Act of 1919, and the Government of India Act of 1935 are three major milestones in India’s constitutional development during the British rule. 
• The Government of India Act, 1935, served as the constitution of British India till our present constitution was adopted. Sixty- five percent of our constitution has been taken from this act alone. 

Landmark Events Along the Journey of Making the Indian Constitution

• Government of India Act 1935: The journey began with the Government of India Act 1935, which introduced a federal structure and laid the groundwork for constitutional governance in India, providing a blueprint that would influence subsequent discussions on the Constitution.
• Cabinet Mission Plan in 1946: Following World War II and the growing demand for independence, the British government initiated the Cabinet Mission Plan in 1946, leading to the formation of the Constituent Assembly. This assembly was tasked with drafting the Constitution and the first meeting took place on 9 December 1946.
• Objective Resolution: This Resolution articulated the fundamental goals of the Constitution, emphasising justice, liberty, equality, and fraternity, which would serve as guiding principles throughout the drafting process. 
• Drafting Committee: Chaired by Dr BR Ambedkar, it was formed in 1947 to translate the ideals of Objective Resolution into a comprehensive legal framework. 
• The Constituent Assembly meticulously crafted the Constitution, balancing the aspirations of a diverse population while addressing the historical injustices stemming from colonial rule.
• On 26 November 1949, the Constitution was adopted, marking a momentous occasion in India’s history. This date is celebrated annually as Constitution Day.
• The Constitution officially came into effect on 26 January 1950, a date now commemorated as Republic Day, symbolising the transition from colonial rule to self-governance.

Need for Constitutional Amendments

• With changing times and circumstances, the aspirations of the people also change, and these changes must be reflected in the constitution by amending it, or else it will cease to be a relevant document and become outdated. 
• The framers of our Constitution were aware of the need to change its provisions in the future and therefore provided for an amendment procedure (Art. 368) in the constitution itself. 

Procedure for amending the Constitution:

There are three ways in which our Constitution can be amended:

• By an ordinary law passed by Parliament by a simple majority. 

• By following a special procedure given in Art. 368 which requires an amendment bill to be passed by a two-thirds majority in both Houses of Parliament. 
• By passing an Amendment Bill by Parliament by a two-thirds majority as well as its ratification by at least half of the states if the bill seeks to make changes in provisions that affect the federal provisions. 

Does Parliament have unbridled powers to amend any part of the Constitution?

• The stand taken by the Supreme Court:
  • the Shankari Prasad case, 1951, and the Sajjan Singh case, 1964, acknowledging Parliament’s unfettered powers to amend any part of the Constitution that included even fundamental rights. 
  • However, in the Golaknath case, 1967, the court ruled that Parliament has no constituent powers to amend fundamental rights because they occupy a sacrosanct position under the constitution. 
  • Though the term basic structure does not find any mention in our Constitution, it was invented by the Supreme Courtin the famous Kesavananda Bharati case, 1973.
  • The 42nd Amendment, 1976, allowed Parliament to amend any part of the Constitution and protected it from being challenged in any court on any ground.
  • But in the Minerva Mills Judgement, 1980 the Supreme Court nullified this, holding that it destroys the basic feature of the Constitution. 

Landmark Constitutional Amendments since 1950

• • The First Amendment Act, 1951: The main objects of this amendment were to place ‘reasonable restrictions’ on laws made on various grounds given in Art. 19 and inserted the 9th schedule to the Constitution which provides immunity from judicial review of certain laws.
  • The Seventh Amendment Act, 1956: Its main object was to implement the reorganisation of states on a linguistic basis, as recommended by the Afzal Ali Committee.

• The Forty Second Amendment Act, 1976: This is also known as the mini Constitution of India, as it carried out wide ranging and drastic changes in the Constitution during the emergency. It amended the Preamble and Directive Principles. Art. 74 was amended to make the President ‘bound by the advice of the council of ministers’. 

• The Forty Fourth Amendment Act, 1978: It made changes in Art. 352 relating to proclamation of emergency. The written advice of the Cabinet to the President to proclaim an emergency was made mandatory. Right to Property that was a fundamental right was made a legal right.

• The Fifty Second Amendment Act, 1985: By this amendment, the Tenth Schedule was added to the constitution, which provides the grounds on which a member of a legislature shall be disqualified for an act of defection. This act has been further strengthened by the 91st Amendment, which has added more teeth to the 1985 anti-defection law.

• The Sixty First Amendment Act, 1988: The purpose of this amendment was to lower the voting age from 21 years to 18 years to include India’s youth in the electoral exercise. 

• The Seventy Third and Seventy Fourth Amendment Acts, 1992: These two amendments have constitutionalised the Panchayati Raj Institutions (PRIs) at both village and urban levels by adding Part IX (the Panchayats) and Part IXA (the Municipalities). 

• The Ninety Ninth Amendment Act, 2014: This act sought to replace the collegium system of appointment of Supreme Court and High Court judges by establishing a National Judicial Appointment Commission (NJAC).

• The Hundred First Amendment Act, 2016: This act brought the GST regime in existence under the ‘One Nation One Tax’ slogan. 

• The Hundred Sixth Amendment Act, 2023: This has finally paved the way for 33 per cent reservation for women in both Lok Sabha and state assemblies.