ARTICLE 368 AND THE CONSTITUTIONAL ISSUES: TRACING THE ORIGINS AND THE COURSE

The term amendment in its natural meaning, refers to any alteration or change. As our constitution is a living document, it shall adapt itself to societal changes. The first constitutional amendment was in 1951,a year after its adoption, where it brought fundamental changes in the constitution by inclusion of clause 4 to article 15, new provisions of Art 31 A&B, and the ninth schedule. At present, we are at the 106th amendment to the constitution dealing with women’s representation in the parliament and state legislatures.
A significant responsibility of a Constituent Assembly, which convenes to engage in deliberations concerning the foundational principles and ideals of a nation's constitution, is to establish a balance that prevents the constitution from becoming excessively rigid—thereby precluding any amendments—while simultaneously safeguarding it from the arbitrary decisions of a transient majority. The constituent power tasked with formulating the constitution seeks to ensure that constitutional provisions are not altered through ordinary legislative processes, as it views the constitution as inherently superior to the legislature, whose function is to adhere to, rather than establish, the principles enshrined in the constitution. Simultaneously, the framers acknowledge that a constitution reflective of the ideals prevalent in a specific historical context must possess the ability to adapt and incorporate new ideas as they arise. Indeed, nothing is so fundamental that it remains unchanged under all circumstances for all time. Consequently, two principal options are available. The first option is to leave the processes of change and adaptation to be addressed by future political institutions and the citizenry. The second option is to stipulate within the constitution itself a distinct method for modifying as needed.