CONSTITUTIONAL AMENDMENTS: NECESSITY AND CONSEQUENCES

Abstract

Constitutional amendments serve as vital instruments for adapting a nation's foundational legal framework to evolving socio-political realities. This study critically examines the necessity, process, and consequences of constitutional amendments in India, analyzing their role in balancing stability with change in the world's lengthiest written constitution. The paper investigates key amendments (e.g., 1st, 42nd, 44th, 73rd, 101st) that have significantly reshaped India's constitutional landscape, addressing issues ranging from fundamental rights restrictions to economic reforms and federalism. It evaluates the amendment procedure under Article 368, judicial interpretations of the Basic Structure Doctrine (established in Kesavananda Bharati v. State of Kerala), and the ongoing tension between parliamentary sovereignty and judicial review. The study highlights how amendments have been used both for progressive transformation (e.g., decentralization through Panchayati Raj) and contentious changes (e.g., demonetization-related amendments). Through an analysis of political motivations, legal challenges, and societal impacts, the paper assesses whether India's amendment process adequately safeguards constitutional integrity while permitting necessary reforms. Findings suggest that while amendments have enabled crucial adaptations, excessive use risks diluting constitutional supremacy. The study concludes with recommendations for a more deliberative and rights-conscious approach to constitutional change in India's dynamic democracy.