Gajanan Khergamker dwells on some of the significant amendments and points out they have not only affected the governance and administration of the country, but also the lives of the common man. They have aimed to promote the welfare and interests of the citizens, and to protect their rights and freedoms. They have also tried to balance the diverse and sometimes conflicting demands of different sections of the society, and to maintain the unity and integrity of the nation.
The Supreme Court’s recent verdict on the constitutional validity of the abrogation of Article 370, which gave special status to the state of Jammu and Kashmir, was the latest case in point of the basic structure of the Constitution not being violated. The abrogation was done by the central government on 5 August 2019, through a presidential order that superseded the 1954 order that had specified the provisions of the Indian Constitution that applied to the state. The presidential order was followed by another order that made all the clauses of Article 370 except clause 1 inoperative, and by the Jammu and Kashmir Reorganisation Act, 2019, which led to the state’s bifurcation into two union territories: Jammu and Kashmir, and Ladakh.
The abrogation of Article 370 was challenged by several petitions in the Supreme Court, on the grounds that it violated the basic structure of the Constitution, the federal principle, the rule of law, and the rights of the people of Jammu and Kashmir. The petitioners also argued that Article 370 was a permanent and irrevocable feature of the Constitution, and that it could not be abrogated without the consent of the Constituent Assembly of Jammu and Kashmir that ceased to exist in 1957.
The Supreme Court, in a landmark judgment delivered on 11 December 2023, upheld the abrogation of Article 370 by a 5-0 unanimous ruling. The bench comprised of Chief Justice of India D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, B R Gavai, and Surya Kant. CJI Chandrachud and Justice Kaul wrote two separate but concurring opinions, while the other three judges agreed with both the opinions.
The court rejected the petitioners’ arguments and held that Article 370 was a temporary and transitional provision, and that it could be abrogated by the President in exercise of his powers under Article 370(1) (d), with the concurrence of the Governor of Jammu and Kashmir, who was the successor of the Maharaja of Jammu and Kashmir as the constitutional head of the state. The court also held that the Constituent Assembly of Jammu and Kashmir had not limited the power of the President to abrogate Article 370, and that its dissolution did not affect the operation of Article 370.
‘J&K had no internal sovereignty’
The court further held that Jammu and Kashmir did not have any internal sovereignty, and that it had fully and finally surrendered to the Union of India through the Instrument of Accession of 1947, which was ratified by the state’s Constituent Assembly in 1954. The court noted that although Maharaja Hari Singh, the erstwhile ruler of the princely state, had issued a proclamation in 1948 that he would retain his sovereignty, his successor Karan Singh had issued another proclamation in 1952 that the Indian Constitution would prevail over all other laws in the state. This, the court ruled, had the effect of a merger like every other princely state that joined India.
The court emphatically concluded that Jammu and Kashmir has always been an integral part of India, and that there was no scope for any secessionist or separatist claim. The court cited Section 3 of the Jammu and Kashmir Constitution itself, apart from Article 1 and 370 of the Indian Constitution, to support this conclusion. Section 3 of the Jammu and Kashmir Constitution reads: “The State of Jammu and Kashmir is and shall be an integral part of the Union of India.” The state’s Constitution also provided that this provision cannot be amended.
Upholding Article 370 was historic
The court’s verdict has been hailed as a historic and landmark judgment by the central government and its supporters, who have claimed that it has paved the way for the integration and development of Jammu and Kashmir, and for the restoration of peace and normalcy in the region. However, the verdict has also been criticised and condemned by the opposition parties and the civil society groups, who have argued that it has violated the constitutional and democratic rights of the people of Jammu and Kashmir, and that it has aggravated the alienation and resentment among them.
The Constitution of India, adopted on 26th November 1949 and implemented on 26th January 1950, is the principal document that formulates the rights, duties, and powers of citizens, governments, and its officials. It is a living document that has evolved over time through numerous amendments to meet the
Amendments significant and impactful
Here are some of the significant amendments and their impact on the common man:
- Abolition of states according to classes and introduction of Union Territories and reorganisation of states by language was one of the first significant reforms of the boundaries of Indian states and territories, organising them by the language spoken in those areas to arrange the states properly and minimize the complexity of state boundaries. This amendment has made administration and governance more efficient and relatable for the common man as it aligns with their linguistic identity.
- The 42nd amendment aka mini-constitution in 1976 inserted Socialism and Secularism in the Preamble, a provision on fundamental duties: Secularism and socialism were inserted to restore the faith of the nation in order to ensure that minorities would be safe and prevent exploitation by the rich. The main reason to add socialism was to promote social as well as economic equality in the country. The introduction of secularism was to ensure there was no official state religion. This amendment ensures that every citizen, regardless of their religious or economic background, is treated equally.
- The fundamental Right to Property in India was deleted from the list of fundamental rights in 1978 to permit the reorganisation of land and to facilitate land acquisition for developmental projects. This amendment has facilitated the government’s ability to undertake large-scale public projects that benefit the common man.
- The amendment that brought in the Law of Defection in 1985 was introduced to combat the issue of political instability caused by duly elected representatives switching parties. This ensures that the mandate given by the common man is respected and upheld.
- The 73rd amendment in 1992 was a landmark in the history of India as it granted constitutional status to Panchayati Raj institutions. This amendment brought governance closer to the rural population and gave the common man the right to participate directly in the democratic process.
- The 86th amendment that brought in Right to Education in 2002 made education a fundamental right for children aged 6-14 years. This amendment has had a significant impact on the common man by ensuring that every child has access to education, thereby empowering them with knowledge and skills for a better future.
- The 101st amendment introduced in 2016 the Goods and Services Tax (GST) a comprehensive indirect tax on the manufacture, sale, and consumption of goods and services throughout India. This has simplified the tax structure and made it more transparent, benefiting the common man by reducing the overall tax burden.
- The 103rd amendment in 2019 ensuring Economically Weaker Sections (EWS) Reservation provided for a 10% reservation in government jobs and educational institutions for the economically weaker sections in the general category. This amendment has ensured that the common man, irrespective of their caste or religion, if economically weak, gets equal opportunities.
And, the most recent being:
- The 104th amendment in 2019 abrogated Article 370, which granted special status to the state of Jammu and Kashmir. This amendment brought J&K under the same laws as the rest of India, ensuring equal rights and duties for the common man living in this region.
Balancing diversity and social welfare
These amendments have not only affected the governance and administration of the country, but also the lives of the common man. They have aimed to promote the welfare and interests of the citizens, and to protect their rights and freedoms. They have also tried to balance the diverse and sometimes conflicting demands of different sections of the society, and to maintain the unity and integrity of the nation. They reflect the evolving needs of the society and the country’s commitment to uphold the principles of justice, liberty, equality, and fraternity enshrined in the Constitution.
These amendments, among others, have shaped the Indian Constitution to its current form, ensuring it remains a dynamic and relevant document that continues to serve the needs of its citizens. The Constitution of India, through these amendments, strives to uphold the principles of justice, liberty, equality, and fraternity, ensuring the dignity of the individual and the unity and integrity of the nation. The Constitution is not a rigid or static document, but a living and organic one, that adapts to the changing times and circumstances. It is the result of the collective wisdom and vision of the people of India, who have entrusted it with the task of guiding the destiny of the nation.