Constitutional Limits on Amendment Power: Gujarat High Court Strikes Down 97th Amendment for Non-compliance with Article 368(2): Gujarat High Court

Introduction

The case of Rajendra N. Shah v. Union Of India & Anr. was adjudicated by the Gujarat High Court on April 22, 2013. The petitioner challenged the Constitution [97th Amendment] Act, 2011, which introduced Part IXB (Articles 243ZH to 243ZT) into the Constitution of India. The primary contention was that the amendment was passed without adhering to the procedural requirements stipulated under Article 368(2) of the Constitution, thereby rendering it ultra vires.

The key issues revolved around the legitimacy of the 97th Amendment, the procedural compliance with constitutional norms, and the impact of the amendment on the federal structure of India. The petitioner, Rajendra N. Shah, sought the quashing of the amendment on the grounds of procedural lapses and violation of the basic structure doctrine.

Summary of the Judgment

The Gujarat High Court, presided over by Chief Justice Bhaskar Bhattacharya and Justice J.B. Pardiwala, examined whether the Constitution [97th Amendment] Act, 2011 was enacted following the prescribed procedure under Article 368(2). The court concluded that the amendment did not comply with the required ratification by the majority of State Legislatures before receiving presidential assent. Consequently, the amendment was declared ultra vires the Constitution of India, leading to the dismissal of the writ petition. However, the court clarified that this judgment did not affect other parts of the 97th Amendment Act.

Analysis

Precedents Cited

The judgment extensively referenced landmark Supreme Court cases to substantiate the decision:

Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, asserting that certain fundamental features of the Constitution cannot be altered by amendments.
Minerva Mills Ltd. v. Union Of India (1980): Reinforced the basic structure doctrine by striking down amendments that attempted to limit judicial review.
Sasanka Kumar v. Union of India (1981): Differentiated between laws made under legislative power and those made under constituent power.
I.R. Coelho v. State of Tamil Nadu (2007): Held that amendments cannot insulate laws from judicial review if they alter the basic structure.
Keshavananda Bharati vs. State of Kerala (1973): Laid the foundation for the basic structure doctrine.
S.R. Bommai v. Union of India (1994): Emphasized that federalism is a part of the basic structure.

Legal Reasoning

The court's legal reasoning centered on the following points:

Article 368(2) Compliance: The 97th Amendment did not comply with the procedural requirements of Article 368(2), which mandates ratification by at least half of the State Legislatures for certain types of amendments.
Federal Structure: By inserting Part IXB, the amendment imposed restrictions on State Legislatures regarding the enactment of laws related to co-operative societies, thereby infringing upon the federal structure, a recognized basic feature of the Constitution.
Parliamentary Constituent Power vs. Legislative Power: The court distinguished between constituent and legislative powers, asserting that Parliament cannot use its constituent power to bypass constitutional procedures or undermine the basic structure.
Doctrine of Basic Structure: The amendment's impact on federalism was deemed a violation of the basic structure, rendering the amendment unconstitutional.

Impact

This judgment has significant implications:

Reaffirmation of Basic Structure: Reinforces the inviolability of the basic structure doctrine, ensuring that fundamental principles like federalism cannot be altered without strict adherence to constitutional procedures.
Amendment Procedures: Highlights the necessity for Parliament to comply meticulously with Article 368(2) when attempting constitutional amendments that affect the federal balance.
Judicial Oversight: Empowers the judiciary to scrutinize amendments for procedural and substantive compliance, acting as a check on parliamentary supremacy.
State Autonomy: Upholds the autonomy of State Legislatures in matters enumerated in the State List unless procedures for alteration are duly followed.

Complex Concepts Simplified

Article 368 of the Constitution of India

Article 368 empowers Parliament to amend the Constitution. However, certain amendments require not only a special majority in Parliament but also ratification by at least half of the State Legislatures as per the proviso in Article 368(2).

Basic Structure Doctrine

Established by the Supreme Court, this doctrine holds that certain fundamental features of the Constitution, such as federalism, secularism, and the rule of law, cannot be altered by amendments.

Federalism

Federalism refers to the division of powers between the Union (central) government and the State governments. It ensures that States have autonomy in certain legislative areas, protected by the Constitution.

7th Schedule - Union, State, Concurrent Lists

The Constitution divides legislative powers between the Union and the States through three lists: Union List (List I), State List (List II), and Concurrent List (List III). Co-operative Societies are listed under List II (State List), giving States exclusive power to legislate on this matter.

Conclusion

The Gujarat High Court's decision in Rajendra N. Shah v. Union Of India & Anr. serves as a critical reaffirmation of the Constitution’s rigid framework against unchecked parliamentary amendments. By declaring the Constitution [97th Amendment] Act, 2011 unconstitutional for non-compliance with Article 368(2), the court has underscored the sanctity of procedural correctness in constitutional amendments. Moreover, the judgment reinforces the basic structure doctrine, particularly the principle of federalism, ensuring that the balance of power between the Union and State Legislatures remains inviolate. This case stands as a testament to the judiciary's pivotal role in upholding constitutional integrity and safeguarding the foundational principles upon which the Republic of India is built.

Constitutional Limits on Amendment Power: Gujarat High Court Strikes Down 97th Amendment for Non-compliance with Article 368(2)