Abstract
International Journal of Law
Constitutional Amendments in Different Jurisdictions in India
1st Author: Maisnam Loyalakpa Meitei 2nd Author: Dr. S. James
PhD Research Scholar Professor & Dean
Department of Law School of Law and Defence & Strategic Studies
Manipur International University Manipur International University
Imphal 975410 Manipur, India Imphal Manipur – 795140, India
MIU Registration No. MIU/PhD/2023/S1009 Email: drjames835@gmail.com
Email: maisnamloyalakpameitei@gmail.com (M) +91 7980506093
(M) +91 9436815735
Abstract
The Constitutional Amendments in India play a pivotal role in adapting the country's legal framework to evolving needs and challenges. The Indian Constitution, adopted in 1950, is designed to be a living document, capable of transformation through amendments that reflect changing socio-economic, political, and legal landscapes.
At the federal level, constitutional amendments often address the distribution of power between the central government and states. The 42nd Amendment, 1976 and the 44th Amendment, 1978 are key examples. The 42nd Amendment significantly increased central authority, while the 44th Amendment sought to restore the balance by enhancing state powers. These amendments illustrate the dynamic nature of federal relationships in India.
State-specific amendments cater to the unique needs of individual regions. The 69th Amendment, 1991 granted special status to Delhi by creating the National Capital Territory, providing it with a unique administrative framework. Additionally, the 5th and 6th Schedules of the Constitution include provisions for the administration of tribal areas in states like Assam, Meghalaya, Tripura, and Mizoram, ensuring the protection of indigenous communities' rights and customs.
The 73rd and 74th Amendments, 1992 are pivotal for local self-governance. These amendments established Panchayati Raj institutions and municipal bodies, respectively, decentralizing power and allowing greater local participation in governance. They laid down guidelines for the structure, elections, and powers of local government bodies, significantly enhancing grassroots democracy.
Economic and social reforms have also driven significant amendments. The 101st Amendment, 2016 introduced the Goods and Services Tax (GST), a major fiscal reform aimed at creating a unified national market. The 103rd Amendment, 2019 provided a 10% reservations for economically weaker sections in education and employment, reflecting the government's commitment to social equity.
Judicial interpretations play a crucial role in shaping the application of constitutional amendments. The Supreme Court of India, through landmark judgments like the Kesavananda Bharati case, AIR 1973 SC 1461 has upheld the basic structure doctrine, ensuring that fundamental features of the Constitution of India which could not be altered by any other amendments.
In conclusion, constitutional amendments in India are essential for addressing the diverse needs of its federal structure. They ensure that the Constitution remains a living document, responsive to the changing socio-economic and political landscape of the country, and uphold the principles of unity, regional autonomy, and social justice.