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Amendments in Indian Constitution Provisions
The Constitution of India has provisions for amending its various provisions, ensuring its relevance and adaptability to changing times. The amendment process involves a rigorous procedure, requiring either a two-thirds majority in both houses of Parliament or a simple majority plus ratification by at least half of the state legislatures.
Since its adoption in 1950, the Constitution has been amended over 100 times, addressing evolving needs and challenges faced by the country.
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Analyze the impact of the 42nd Amendment, often referred to as the "Constitution's funeral," on the balance of power between the judiciary, executive, and legislature. How did this amendment reshape the constitutional landscape, and what were the subsequent efforts to undo its effects?
The 42nd Amendment Act of 1976 made significant changes to the Indian Constitution, aiming to strengthen parliamentary sovereignty and reduce judicial review. There are some factors illustrating its impact on the balance of power:- 1. Parliamentary sovereignty - The amendment sought to assert the suRead more
The 42nd Amendment Act of 1976 made significant changes to the Indian Constitution, aiming to strengthen parliamentary sovereignty and reduce judicial review. There are some factors illustrating its impact on the balance of power:-
1. Parliamentary sovereignty – The amendment sought to assert the supremacy of Parliament over other institutions by limiting judicial review, making certain fundamental rights non-justiciable, and expanding Parliament’s amendment powers.
2. Reducing Judicial Review – It restricted the scope of judicial review over constitutional amendments and other legislative actions, thereby curtailing the judiciary’s ability to strike down laws or amendments deemed unconstitutional.
3. Centralisation of Power – The 42nd Amendment centralised power in the hands of the executive and the Parliament, giving them broader authority to enact laws and amend the Constitution without significant checks from the judiciary.
4. Impact on Fundamental Rights – Some fundamental rights were altered or reinterpreted, with a focus on promoting socialist principles and limiting challenges to government actions.
Subsequent Efforts to Undo Its Effects-
1. 43rd and 44th Amendments
These subsequent amendments were passed in response to the overreach perceived in the 42nd Amendment. The 43rd Amendment (1977) and the 44th Amendment (1978) aimed to restore certain checks and balances,for example:-
The 43rd Amendment reinstated some fundamental rights that were curtailed.
The 44th Amendment reversed many of the changes made by the 42nd Amendment, restoring judicial review powers and reducing the supremacy of Parliament in amending the Constitution.
2.Judicial Activism – The judiciary, particularly the Supreme Court of India, played a crucial role in interpreting and restoring the balance of powers post the 42nd Amendment. It asserted its authority to review legislative and executive actions, ensuring they conform to constitutional principles.
3. Public and Political Backlash – The amendments faced significant public and political backlash, with critics arguing that they undermined democracy and fundamental rights. This pressure contributed to subsequent amendments that aimed to correct perceived imbalances.
Therefore, the 42nd Amendment had a profound impact on the balance of power in India’s constitutional framework, tilting it towards parliamentary sovereignty and centralising power in the executive and legislative branches. Subsequent efforts, including constitutional amendments and judicial actions, sought to restore the constant checks and balances intended by the framers of the Indian Constitution.
See lessDiscuss the role of judicial review in the context of constitutional amendments. To what extent can the courts scrutinize the constitutional validity of an amendment passed by the Parliament?
Judicial reviews are a challenge to a decision made.It promotes review of lawfulness of a decision or action taken by a public authority. It is the power of courts to examine the actions of legislature, executive and administrative bodies of government to upheld the constitution of the country . WheRead more
Judicial reviews are a challenge to a decision made.It promotes review of lawfulness of a decision or action taken by a public authority.
It is the power of courts to examine the actions of legislature, executive and administrative bodies of government to upheld the constitution of the country .
When it comes to amendments,it is the duty of courts to uphold the rule of law .A major example is of Kesavananda Bharti case vs State of Kerala (1970) where the constitutional validity of 24th,25th and 29th amendment was challenged.
In Golak Nath Vs State of Punjab is another example.
The Parliament under Article 368 can amend any part of the Constitution including Fundamental rights but without affecting the Basic Structure of the constitution.
See lessExplain the process of amending the Constitution of India as outlined in Article 368. What are the different procedures for amending different parts of the Constitution, and what is the rationale behind these varying amendment procedures?
Article 368 of the Indian Constitution outlines the process for amending the Constitution. Here are the key steps involved: Introduction of the Bill: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It must be introduced as a private member’s bill or by aRead more
Article 368 of the Indian Constitution outlines the process for amending the Constitution. Here are the key steps involved:
Introduction of the Bill: An amendment bill can be introduced in either House of Parliament (Lok Sabha or Rajya Sabha). It must be introduced as a private member’s bill or by a minister.
Passage in Each House: The bill must be passed in each House by a majority of the total membership and by a majority of not less than two-thirds of the members present and voting.
President’s Assent: Once the bill is passed by both Houses, it is presented to the President for his assent. The President must give his assent to the bill, after which it becomes an amendment to the Constitution.
Special Provisions: If the amendment seeks to make changes in specific provisions, such as federal structure aspects, it must be ratified by at least half of the State Legislatures before it is presented to the President for his assent. This includes amendments related to:
The election of the President
See lessThe extent of the executive power of the Union and the States
The Supreme Court and High Courts
Distribution of legislative powers between the Union and the States
Representation of States in Parliament
Article 368 itself
This process ensures that any change to the Constitution is made with broad consensus and reflects the federal nature of the Indian polity.
What if someone has given all attempts of UPSC . What are the alternatives?
For individuals who have exhausted all attempts at the Union Public Service Commission (UPSC) exams, several alternative career paths and opportunities exist that leverage their preparation and skills. State Public Service Commissions: Consider appearing for State Public Service Commission exams, whRead more
For individuals who have exhausted all attempts at the Union Public Service Commission (UPSC) exams, several alternative career paths and opportunities exist that leverage their preparation and skills.
By exploring these alternatives, candidates can find fulfilling and impactful careers beyond the UPSC.
See lessWhat do you understand by Bhartiya Nyaya Sanhita?
The term "Bhartiya Nyaya Sanhita" (BNS) refers to a proposed or envisioned framework of a new criminal code in India. It is part of the Indian government's efforts to modernize and consolidate the country's criminal laws. Here’s a detailed understanding of it: Objective of Bhartiya Nyaya Sanhita: MoRead more
The term “Bhartiya Nyaya Sanhita” (BNS) refers to a proposed or envisioned framework of a new criminal code in India. It is part of the Indian government’s efforts to modernize and consolidate the country’s criminal laws. Here’s a detailed understanding of it:
Key Features
- Updated Provisions:
- The Bhartiya Nyaya Sanhita is expected to incorporate modern criminal justice principles and respond to contemporary crimes and societal issues that have evolved since the IPC was drafted.
- Human Rights and Fairness:
- Emphasis is likely to be placed on safeguarding human rights, ensuring fair trial processes, and improving the treatment of accused individuals and victims within the justice system.
- Technological Integration:
- It may include provisions that address crimes involving new technologies, such as cybercrimes, and consider technological advancements in the judicial process.
- Victim Protection:
- The code might focus on enhancing victim rights and protection, ensuring that victims of crimes are given due consideration and support within the legal system.
- Simplification:
- By consolidating various criminal laws, the BNS aims to simplify legal procedures and make it easier for law enforcement and the judiciary to operate effectively.
See lessIndia 2047 Developed Nation ?
To start with the most evident fact which entails India to be the fastest growing economy in modern times. The average growth rate of the GDP of the Indian economy is 6.33% with its current standing at 8.2%. It has already surpassed the United Kingdom by becoming 5th largest economy in the GDP rankiRead more
To start with the most evident fact which entails India to be the fastest growing economy in modern times. The average growth rate of the GDP of the Indian economy is 6.33% with its current standing at 8.2%. It has already surpassed the United Kingdom by becoming 5th largest economy in the GDP rankings.
There are several reasons why India can become a developed nation. First and foremost is the population structure of India, though we stand at a grand 1.45 billion surpassing China, there is a point to be noted that more than 50% of its population is below the age of 25 and more than 65% is below the age of 35 showcasing increased productivity further having a positive impact on its GDP.
The current advent of new businesses and start ups have further increased job opportunities. In addition to this the New Education Policy that is being implemented will transform the education sector, helping students learn actual valuable skills rather than rote learning through field projects focusing on a more holistic developmental approach.
The most basic thing the citizens of India can do to haste the developmental process is inculcating discipline in every aspect of their life. Be it traffic rules, safety rules, abiding by the law, stopping bribery or living a disciplined life even in terms of maintaining good health to increase the production capacity of the economy. The second aspect being maintaining peace and harmony and living by the morals of unity in such a vastly diverse country. These aspects will surely impact the developmental process procell of India to become a leading economy and superpower soon.
See lessWhat are the key provisions and significance of the 73rd and 74th Amendments to the Indian Constitution?
Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure. ARTICLE 368 (1) Notwithstanding anythinRead more
Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure.
ARTICLE 368 (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Since Independence, India has seen major parliamentary changes and constant amendment of the Constitution. Some historic amendments involve the 7th, 25th, the enraging 1975-38th and 39th , and most importantly the mini constitution, i.e the 42nd (whose provisions were mostly repealed by the 44th, brought by 1978 Janata Party) amendments. Let us look at the 73rd and 74th amendments of 1992.
The 73rd and 74th Constitutional Amendments was brought by the Indian National Congress (Prime Minister- P.V. Narasimha Rao).
73rd Amendment- The key changes involved the constitutional guarantee of Panchayati Raj in India. This provision provided rights, powers, status and legitimacy to the village-level self-governance in our country. For the same, schedule XI (11th schedule) and part IX- Articles 243; 243 A to 243 O were added.
74th Amendment- After the guarantee of Panchayati Raj, the 74th Amendment provided status to Municipality in India. This provision gave sanctity to block and city-level governance. It assigned powers and roles, along with limits to municipal governments. For the same, schedule XII (12th schedule) and part IX- A- Articles 243 P to 243 ZG were added.
These changes helped shape the Indian executive in the 21st century decades to follow. Thus, we see the significance of the 73rd and 74th amendments in Indian history.
See lessDo we need 33% reservation for women in all tiers of government? How is India's share of women legislators compared to other developed nations?
The need for 33% reservation for women in all tiers of government in India is imperative to ensure gender equity and balanced representation. Despite progress, women remain underrepresented in Indian politics. This reservation can help address deep-rooted gender biases and promote inclusive decisionRead more
The need for 33% reservation for women in all tiers of government in India is imperative to ensure gender equity and balanced representation. Despite progress, women remain underrepresented in Indian politics. This reservation can help address deep-rooted gender biases and promote inclusive decision-making.
India’s share of women legislators remains relatively low compared to developed nations. As of 2023, women constituted about 14% of the Lok Sabha and 11% of the Rajya Sabha. In contrast, countries like Sweden and Finland boast over 40% female representation in their national legislatures. Rwanda leads globally with over 60% women in its lower house. Even the global average stands higher at around 26%, highlighting India’s lag.
Implementing a 33% reservation could bridge this gap, fostering a more equitable political landscape. Increased female representation can also lead to more comprehensive policies addressing issues like healthcare, education, and gender-based violence, benefitting society as a whole. Hence, such a quota is not merely about numbers but about nurturing a more inclusive and just governance system.
See lessAmendments in India
Article 368 (1) of the Constitution of India Article 368(1) of the Constitution of India specifies the procedure for amending the Constitution. It states that the power to amend the Constitution is vested solely in Parliament. Amendments can be initiated only by introducing a bill in either House ofRead more
Article 368 (1) of the Constitution of India
Article 368(1) of the Constitution of India specifies the procedure for amending the Constitution. It states that the power to amend the Constitution is vested solely in Parliament. Amendments can be initiated only by introducing a bill in either House of Parliament, which must be passed by a majority of the total membership of that House as well as by a two-thirds majority of members present and voting. After passage in one House, the bill is sent to the other House where it must also be passed by a similar majority.
This article ensures that amending the Constitution is a rigorous and deliberative process, requiring significant parliamentary consensus. It underscores the importance of safeguarding the fundamental principles and structure of the Constitution while allowing for necessary changes to adapt to evolving circumstances.
See lessWhich amendments have had the most significant impact on Indian society?
Article 368 serves as the constitutional provision that governs the process and limitations of amending the Constitution of India. Several amendments to the Constitution of India have had a profound impact on Indian society, shaping its governance, rights, and socio-political landscape. Here are somRead more
Article 368 serves as the constitutional provision that governs the process and limitations of amending the Constitution of India. Several amendments to the Constitution of India have had a profound impact on Indian society, shaping its governance, rights, and socio-political landscape.
Here are some of the amendments that stand out for their significant impact:
1. First Amendment Act, 1951 (Amendment of Articles 15, 19, 31A, 31B, and 31C)
• Impact: This amendment allowed for the imposition of reasonable restrictions on free speech and expression (Article 19), expanded the grounds for discrimination (Article 15), and introduced land reform laws (Articles 31A and 31B). It also added Article 31C, validating certain laws aimed at implementing Directive Principles of State Policy.
2. Twenty-Fourth Amendment Act, 1971 (Election of President and Vice-President)
• Impact: This amendment provided for the election of the President and Vice-President by means of proportional representation by a single transferable vote, thereby ensuring a more representative electoral process at the highest levels of government.
3. Forty-Second Amendment Act, 1976
• Impact: This comprehensive amendment introduced several changes, including:
• Fundamental Duties: Insertion of Article 51A, which lists the fundamental duties of citizens to promote harmony and the spirit of common brotherhood amongst all the people of India.
• Emergency Provisions: Modifications to emergency provisions, leading to controversies over the balance between fundamental rights and state power.
• Judicial Review: Attempted to curtail judicial review powers related to constitutional amendments (later partly overturned by the Supreme Court).
• Extension of Executive Power: Expanded executive powers, which were later scrutinized for potential authoritarian implications.
4. Ninety-Third Amendment Act, 2005 (Reservation in Educational Institutions)
• Impact: This amendment enabled the provision of reservation of seats for socially and educationally backward classes (Scheduled Castes, Scheduled Tribes, and Other Backward Classes) in private unaided educational institutions, aiming to enhance access to education and promote social equity.
5. One Hundred and First Amendment Act, 2016 (Goods and Services Tax – GST)
• Impact: The GST amendment revolutionized India’s tax regime by introducing a unified indirect tax system across the country. It aimed to streamline tax administration, reduce tax evasion, and create a common market, enhancing ease of doing business and promoting economic integration.
6. One Hundred and Third Amendment Act, 2019 (Reservation for Economically Weaker Sections – EWS)
• Impact: This amendment provided 10% reservation in educational institutions and public employment for economically weaker sections (EWS) among the general category, addressing demands for equitable opportunities and access to government resources.
Conclusion
Our Constitution is a ray of hope: Hopes of our youth, hopes of our poor, and hopes of our women.” – B.R. Ambedkar. Thus the aforementioned amendments represent pivotal moments in India’s constitutional evolution, reflecting the nation’s socio-political priorities and responses to emerging challenges.
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