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Jun 11, 2024 · We are happy to report that on June 11, 2024 the revisions to the Constitution and By-laws were unanimously ratified by the members. We would like to thank everyone who attended one of the information and ratification meetings and voted.
- Introduction
- Indispensability of Amending Provision in The Constitution
- How Does The Country Benefit from The Same Constitution?
- Procedure For Constitutional Amendments in India
- Amenability of Fundamental Rights in India
- In Kesavananda Bharati v. State of Kerala
- Ins.R. Bommai v. Union of India
- In R. C. Poudyal v. Uoi
- In Nachane Ashwini Shivram v. State of Maharashtra
- Doctrine of Severability
The Constitution is bound to be and will prove to be defective in many respects. “If you do not provide the appropriate outlets or safety valves for the air or the storm to pass through, the entire ship will likely be blown up.” Without an amending provision, the Constitution is not complete. Even if the Parliament wishes to change a comma or make ...
In the very nature of a Constitution, an appropriate provision for its modification is deemed inherent. Because a government built on the idea of popular sovereignty must be particularly sensitive to changing situations, a democratic Constitution must be particularly flexible to the evolving conditions; As the public will change, it is necessary to...
One of the responses to such queries is that the Indian Constitution recognises the need for changes in response to changing societal requirements. Second, there has been sufficient flexibility in the application of the Constitution in practice. In implementing the Constitution, both political practice and judicial decisions have demonstrated matur...
Types of Amendment: 1. Amendment with a simple majority of the Parliament. 2. Amendment with a special majority of the Parliament. 3. Amendment with a special majority of the Parliament and ratification of half of the state legislatures. Informal methods of Amendment: 1. Judicial Interpretation 2. Constitutional usages and conventions Many provisio...
The Supreme Court gave Parliament unlimited power to amend the Constitution in the early years of independence, as demonstrated by the decisions in Shankari Prasad (1951) and Sajjan Singh’s(1965) cases. It is believed that this is because, throughout those early years when leading independence fighters were serving as Parliamentarians, the Apex Cou...
The caseis commonly referred to as the Fundamental Rights case. Golak Nath’s case and the 24th, 25th, 26th, and 29th Constitutional Amendment Acts were challenged. It explained the Amendment’s scope. The 24th Constitutional Amendment Act, which declared that Parliament had the power to abridge any Fundamental Rights, was held valid. While overrulin...
In this case the Supreme Court supported the President’s dismissal of the administrations following the demolition of the Babri Masjid. It is an example of its application (Separation of power between State and Central government). The 42nd Amendment included provisions stating that the power to amend is unrestricted and that amendments are not sub...
The Supreme Court held that regardless of a non-obstante provision, it cannot go against the basic structure of the Constitution.
The Bombay High Court held that by such a non-obstante clause, the Courts are not excluded from reviewing the validity of Laws/Amendments.
In Kihoto Hollohan v. Zachillhu, the Supreme Court held that the Doctrine of Severability applies to the Constitutional Amendments.
Apr 2, 2021 · While framing the Indian Constitution, the Constituent Assembly had many models to draw upon, it wisely chose to take the Government of India Act, 1935 as the basis on which the new Constitution was to be framed. [1] The adoption of the Government of India Act, 1935, as the basis of the new Constitution had the great advantage of smoothly ...
Aug 28, 2024 · If the bill seeks to amend the provisions of the constitution, it must be ratified by the legislatures of half of the states by a simple majority. After the passage of the bill by both houses, it is presented to the President for his assent. The president must give his assent to the bill.
If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by the legislatures of half of the states by a simple majority, that is, a majority of the members of the House present and voting.
- 20 min
- The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without a...
- Article 368 does not contain a power to amend the constitution but only a procedure. The power to amend comes from the normal legislative power of...
- Article 356 of the Constitution confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the...
- Article 32 of the Indian Constitution gives the right to individuals to move to the Supreme Court to seek justice when they feel that their right h...
- It has been clarified by the Supreme Court that being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exerci...
How A Bill Is Passed In Indian Parliament. How a Bill is Passed in India - Types & Stages of a Bill - Indian Polity Notes. The Indian Parliament legislates with the use of governmental acts. These acts are introduced into the Indian Constitution only after the draft bills are passed by the parliament.
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How to ratify Article 368?
May 18, 2022 · In the case of amendment of provisions mentioned in Article 368, It needs to be ratified by not less than half of the states. Ratification should be done by a resolution passed by the state legislature. However, this must be passed before the amendment Bill is presented to the President for his assent. Amendment of Fundamental Rights
