Sachin Yadav, LLM, National Law University, Delhi
“Constitution is a social document. It is based on Social Philosophy and each social philosophy, like religion, has two main features: Basic and Circumstantial. The former remains the same, while latter is subject to amendment or change”
-Hegde and Mukherjee, JJ. In Kesavananda Bharati case
INTRODUCTION
If there is any phenomenon which is constant in the material existence, it is the phenomenon of ‘Change’ itself. Prof. Allen rightly defines Constitution as a continuous dialogue between its makers and the generations to come. This ‘continuous dialogue’ reflects the scope of changes and amendments in the Constitutions. Keeping this in mind, the members of the constituent assembly of India also incorporated the provision of amendment which is given under Article-368 in part XX. This provision i.e., Article-368, as it was drafted originally, provided for the ‘procedure’ to be adopted by the Parliament to bring the required change. A question which pertained in subsequent years; till the time a Constitutional amendment1 attempted to clarify it and even thereafter in some form, was twofold: Art. 368 provides for the ‘procedure’ to amend the Constitution by Parliament, but where is the ‘Power’ to amend the Constitution? 2 and up to what extent can the Constitution be amended?
