"The Indian Constitution is a 'living document'." Explain with reference to the Amendment procedure under Article 368.
Introduction: The Indian Constitution, adopted in 1950, is often described as a “living document” because it evolves with changing social, political, and economic realities. This dynamic character is primarily ensured through the Amendment procedure under Article 368, which provides flexibility while safeguarding constitutional stability.
Body: Article 368 empowers Parliament to amend the Constitution by a special majority (majority of total membership and two-thirds of members present and voting). Certain amendments also require ratification by at least half of the State Legislatures, especially those affecting federal provisions. This graded amendment process reflects a balance between rigidity and flexibility.
Since 1950, the Constitution has been amended more than 100 times, demonstrating its adaptability. For example, the 42nd Amendment (1976) introduced the words “Socialist” and “Secular” in the Preamble, while the 73rd and 74th Amendments (1992) strengthened local self-government through Panchayati Raj and Municipalities. More recently, the 106th Amendment (2023) provided 33% reservation for women in legislatures, reflecting contemporary demands for gender justice.
However, this flexibility is not unlimited. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court evolved the Basic Structure Doctrine, holding that Parliament cannot alter the basic features such as democracy, federalism, secularism, and judicial review. Thus, Article 368 ensures evolution without destroying constitutional identity.
Conclusion: Therefore, the Indian Constitution is a living document because it combines adaptability with continuity. Article 368 enables necessary reforms to meet new challenges while the Basic Structure Doctrine protects its core values. This harmonious balance between change and permanence sustains the Constitution’s relevance in a dynamic society.