Case of constitutional alterations in various countries

LAHORE: As the issue of elections in Punjab and the subsequent Supreme Court order in this context has led to pandemonium and ruckus, many legal experts think that rewriting the Constitution holds the key to avert such disorders.

These legal wizards have been viewing for quite some time that grey areas, lacunae or loop holes in the 1973 Pakistani Constitution have been leading to all the confusion in the interpretation of the Charter since ambiguities remain unaddressed, and perhaps more explicit and comprehensive guidelines are needed.

The argument seems quite valid if one looks at India, which has amended its Constitution at least 105 times from 1950 to October 2021, though in Japan’s case, its Charter is the oldest un-amended document in the world.

Japan’s 5000-word constitution has remained untouched for almost 75 years, and many dub it a symbol of a reformed nation and a democratic society.

In its July 10, 2022 report, the “Voice of America” had stated: “A sweeping election win by Japan’s conservative ruling coalition may help pave the way for a historic revision to the country’s pacifist constitution, but analysts warn such a revision is far from certain, noting fierce public division over the issue.

The vote came two days after the assassination of Shinzo Abe, Japan’s longest-serving prime minister. A change to the constitution must be approved by two-thirds of both houses of parliament, as well as by a majority of voters in a national referendum. Opinion polls suggest the public is deeply divided on the issue, with a large number of voters remaining undecided.”

Coming back to the Constitution of India, it is the world’s longest charter for a sovereign nation, which boasts of being world’s largest democracy.

At its enactment, it had 395 articles in 22 parts and 8 schedules. It contains 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written charter with 3,814 words only.

An amendment to the Indian Constitution can be made through introduction of Bills in any one of the legislative houses.

The Bills can be passed by simple majority of the Parliament. Before sending the Bills for President’s assent, there can be voting among the members of Parliament present. If majority of them votes in favor of the amendment, it is accepted.

An amendment can also be finalized if two-thirds of the members of Parliament present vote in its favour. However, the number of voters should be more than half of the total number of members of the house. In some cases, Bills for amendments to the Indian Constitution may also require the ratification of the Legislatures of at least half of the Indian States.

But this is what a former American President, Thomas Jefferson, had written on July 12, 1816: “Some men look at constitutions with sanctimonious reverence and deem them like the Ark of the Covenant, too sacred to be touched.”

Thomas Jefferson believed that a country’s constitution should be rewritten every 19 years. Instead, the U.S. Constitution, which Jefferson did not help to write (he was in Paris serving as U.S. minister to France when the Constitutional Convention was held in Philadelphia), has prevailed since 1789.

Research shows the United States has made 27 alterations to its Constitution since 1789.

And the first 10 of these alterations, called the “Bill of Rights,” were made on December 15, 1791.

The US Constitution is the oldest written set of governing laws in the world. An amendment in the US may be ratified when two-third majority of the state legislatures apply to Congress for a constitutional convention to consider alterations, which are then sent to the states for approval.

The Congress may then require ratification by a special convention. The convention method has been used only once in 1933 to approve the 21st Amendment.

Regardless of the method of proposing an amendment, final ratification requires approval by three-fourths of the states.

The latest Chinese Constitution has been altered five times since 1982.

The latest alteration was registered on Oct 22, 2022, when British news agency “Reuters” had reported: “China’s Communist Party has approved amendments to its constitution. These changes to the charter are aimed at cementing the core status of Xi Jinping and the guiding role of his political thought within the party.”

The first Constitution of the People’s Republic of China was declared in 1954. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. Australia has made only eight amendments since 1901, and its charter can only be amended by a referendum, where all Aussies of voting age vote Yes or No for the proposed changes. To change the charter, a majority of voters nationwide and a majority of states (four out of six) must approve the changes.

This process has contributed to the low number of successful amendments.

Although 44 referendums have been held in Australia for this purpose, only eight amendments have been passed.

The current Constitution of France was adopted on October 4, 1958, though the country has had numerous Constitutions in 1791, 1793, 1795, 1799, 1802, 1804, 1814, 1815, 1830, 1848, 1852, 1875, 1940, 1945 and 1946.

France has initiated 24 revisions till date.

Belgium has recorded 29 adjustments.

The Belgian Constitution of 1831 can be amended by the Federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament.

The 1949 Constitution of the Federal Republic of Germany has been subject of 62 amendments till date.

The Constitution of the Italian Republic was enacted in December 1947 and has been altered 16 times since.

The Constitution of the Russian Federation, adopted by national referendum in December 1993, has been amended four times.

As of February 2023, there have been 59 amendments to the Malaysian Constitution, since it was first enacted in 1957.

The Constitution of Indonesia has been amended four times since its creation.

The 1972 Bangladeshi Charter has been amended 17 times.

In October 2022, Sri Lanka’s parliament had passed the 22nd Constitutional amendment, aimed at trimming Presidential powers, beefing up anti-corruption safeguards and helping to find a way out of the country’s worst financial crisis since independence.