ARTICLE 368: provides power and procedure to Parliament for constitutional amendments. Supreme Court vs Kesavananda Bharati case (1973) evolved the basic structure of doctrine and consolidated the balance between rigidity and flexibility. Arguments of the Petitioners: They argued that fundamentalRead more
ARTICLE 368: provides power and procedure to Parliament for constitutional amendments.
Supreme Court vs Kesavananda Bharati case (1973) evolved the basic structure of doctrine and consolidated the balance between rigidity and flexibility.
Arguments of the Petitioners: They argued that fundamental rights were violated. He pleaded to the court to receive recourse.
- It says that certain parts cannot be amended, i.e., It has underlined the rigid nature by allowing amendments to all others. It has the flexible nature of the amending process.
Flexible Amendment Process
Benefits:
- Adaptability: Ensures relevance
- Democratic Reflection: Aligns with the current will of the people
- Efficient Problem-Solving: Enables quicker responses to urgent problems, preventing prolonged societal discord.
Drawbacks:
- Hasty Decisions: Risk impulsive amendments
- Partisan Manipulation: Favors powerful groups
- Erosion of Principles: Core values and protections
Rigid Amendment Process
Benefits:
- Stability: Ensures well-considered changes
- Rights Protection: Safeguards fundamental rights from impulsive changes.
- Abuse Prevention: prevents partisan manipulation for gains.
Drawbacks:
- Resistance to Change: Complicates addressing pressing issues
- Obsolescence: hinders progress.
- Inefficiency: Delays responses to critical issues.
Balance Approach: Maintains core principle of rigidity, allows flexibility elsewhere. Periodic review ensures relevance, reflecting societal needs for resilience and responsiveness.
Thus, balances the need for stability and adaptability of the Constitution.
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The Preamble - An Introduction to the Constitution An Amendment that changed the Preamble of the Indian Constitution is the 42nd Amendment Act of 1976. This Amendment is one of the most significant changes to the Indian Constitution enacted during the Emergency period under Prime Minister Indira GanRead more
The Preamble – An Introduction to the Constitution
An Amendment that changed the Preamble of the Indian Constitution is the 42nd Amendment Act of 1976. This Amendment is one of the most significant changes to the Indian Constitution enacted during the Emergency period under Prime Minister Indira Gandhi’s government.
Modifications to the Preamble by the 42nd Amendment
Significance
The Preamble, the Constitution’s introduction, encapsulates its core values and guiding principles. It emphasizes justice, liberty, equality, and fraternity, shaping the interpretation of constitutional provisions. It reflects India’s democratic ethos and aspirations, guiding the Nation’s identity and governance framework.
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