Article 408 of the Costitution of India with Case law
Article 408 of the Constitution of India
Title: Special Procedure for Amendment of the Constitution during the Period of Proclamation of Emergency
🔹 Text of Article 408:
Article 408 states that during the period when a Proclamation of Emergency under Article 356 (President’s Rule in a State) is in operation in any State, the amendment procedure for the Constitution as laid down in Article 368 shall have effect subject to the following modification:
If the amendment relates to any of the provisions of the Constitution which apply to the State in which the Proclamation is in operation, then the amendment can be passed by the Parliament without the consent of the Legislature of that State.
âś… Explanation:
Under normal circumstances, Article 368 requires that certain constitutional amendments concerning the State require consent of the State Legislature.
Article 408 modifies this during President's Rule (Article 356 Emergency in a State).
When a State is under President’s Rule:
Parliament can amend provisions applicable to that State without needing the State Legislature’s consent.
This is designed to ensure smooth governance and legal consistency during Emergency.
🧩 Relation to Other Articles:
| Article | Purpose |
|---|---|
| 356 | Proclamation of Emergency in a State (President's Rule) |
| 368 | Procedure for amendment of the Constitution |
| 408 | Modification of amendment procedure during Emergency under Article 356 |
⚖️ Case Law Related to Article 408:
There is no prominent Supreme Court judgment solely interpreting Article 408, but relevant case laws involve Article 356 and Article 368, including:
🔹 S.R. Bommai v. Union of India (1994)
Issue: Validity and scope of President's Rule (Article 356).
Held: The power under Article 356 is subject to judicial review and can be revoked if misused.
Relevance: Since Article 408 applies only during President's Rule, this judgment indirectly governs the limits and safeguards on legislative action during such periods.
🔹 Kesavananda Bharati v. State of Kerala (1973)
Issue: Scope of Parliament's power to amend the Constitution (Article 368).
Held: Parliament can amend the Constitution but cannot alter its basic structure.
Relevance: Even during President’s Rule (when Article 408 applies), the basic structure doctrine limits the scope of amendments.
đź“Ś Summary:
| Feature | Description |
|---|---|
| Article | 408 |
| Applicability | During Proclamation of Emergency under Article 356 in any State |
| Effect | Parliament can amend Constitution without State Legislature consent for provisions related to that State |
| Purpose | Facilitate governance and constitutional amendments during President’s Rule |
| Limitations | Subject to basic structure doctrine and judicial review |
đź“– Conclusion:
Article 408 provides a special procedural relaxation for constitutional amendments concerning a State under President’s Rule, removing the usual requirement for the State Legislature’s consent. However, this power is not unlimited and remains under constitutional checks and balances, ensuring the basic structure of the Constitution remains protected.
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