Home/Indian Constitution/Amendments in Indian Constitution Provisions/Page 3
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.
Share
Explain the abrogation of article 370 of Indian Constitution. What other articles supported the abrogation.
The decision to revoke Article 370 of the Constitution of India, which conferred a degree of self-governance to the territory of Jammu and Kashmir, was a constitutional and political decision. On August 5, 2019, the Government of India, through a Presidential Order (C.O. 272) and a resolution in ParRead more
The decision to revoke Article 370 of the Constitution of India, which conferred a degree of self-governance to the territory of Jammu and Kashmir, was a constitutional and political decision. On August 5, 2019, the Government of India, through a Presidential Order (C.O. 272) and a resolution in Parliament revoked Article 370 taking away the special status of Jammu and Kashmir.
Article 370 let Jammu and Kashmir have its own constitution and control all affairs concerning the state apart from few important ones such as defense, external affairs, and communications. The abrogation was done by exercising the powers under Article 370 (3) whereby the President could adapt or suspend the operation of Article 370 with the consent of the state’s constituent assembly. Since the dissolution of the Jammu and Kashmir Constituent Assembly in 1957, the Government contended that the powers of the Constituent Assembly were invested in the Jammu and Kashmir State Legislative Assembly and subsequently in the Parliament because of lack of state assembly.
Even Article 367 that concerns the interpretation of the Constitution was also changed in order to enable the abrogation. This amendment reinterpreted the terms used in Article 370, allowing the President to act without the concurrence of the Jammu and Kashmir government, thereby enabling the revocation of the state’s special status and its reorganization into two Union Territories: Jammu & Kashmir, and Ladakh.
See lessIndian Constitution
The two—the Fundamental Rights and Directive Principles of State Policy—under the Indian Constitution, are related to each other inseparably to fulfill the broader goals of justice, liberty, equality, and fraternity. Fundamental Rights Nature: Justiciable, that is, legally enforceable in courts. PurRead more
The two—the Fundamental Rights and Directive Principles of State Policy—under the Indian Constitution, are related to each other inseparably to fulfill the broader goals of justice, liberty, equality, and fraternity.
Fundamental Rights
Nature: Justiciable, that is, legally enforceable in courts.
Purpose: Protect individual freedoms and rights against state actions, ensuring personal liberties and equality.
Examples: Right to equality, right to freedom of speech and expression, right to life and personal liberty, right against exploitation, right to freedom of religion.
Directive Principles of State Policy
These are non-justiciable in nature. That is to say, these cannot be legally implemented or challenged in a court of law.
These guidelines provide directions to the state for formulating and implementing policies toward establishing social and economic democracy.
Examples: Adequate means of livelihood, equal distribution of wealth, right to work, education and public assistance, promotion of the health and welfare of people.
Relationship
1.Complementarity: Fundamental Rights ensure political democracy by protecting individual rights, and DPSPs aim at establishing social and economic democracy by guiding state policies.
2. Integration: Both are essential for realizing the constitutional vision. Fundamental Rights present the framework within which the state has to operate, while DPSPs give a roadmap for the state to create conditions where Fundamental Rights can be meaningfully exercised.
3. Judicial Interpretation : Courts interpret FRs, more often than not, by reflecting on DPSPs so that, in effect, individual freedom and social justice meet at an appropriate juncture. For instance, the right to education was interpreted by borrowing from the DPSP relating to free and compulsory education for children.
4. Policy Making: DPSPs have an impact on laws and policies. They cannot take precedence over Fundamental Rights, but they do act as an inspiration to legislation and administrative actions in executing social and economic objectives.
In effect, the fundamental rights and the DPSPs form the very bedrock of a democratic society that strives to strike a balance between individual liberties and collective well-being.
See lessLegality
Legalizing Same-Sex Marriages in India: Arguments and Perspectives 1. Introduction: The question of whether same-sex marriages should be legalized in India is a complex and sensitive issue involving legal, social, and ethical dimensions. Legalizing same-sex marriages would have significant implicatiRead more
Legalizing Same-Sex Marriages in India: Arguments and Perspectives
1. Introduction:
The question of whether same-sex marriages should be legalized in India is a complex and sensitive issue involving legal, social, and ethical dimensions. Legalizing same-sex marriages would have significant implications for individual rights, societal norms, and legal frameworks in the country.
2. Legal and Human Rights Perspectives:
Constitutional Rights: Legalizing same-sex marriages aligns with the principles enshrined in the Indian Constitution, particularly the right to equality under Article 14 and the right to life and personal liberty under Article 21. The Supreme Court’s landmark judgment in Navtej Singh Johar v. Union of India (2018) decriminalized consensual same-sex relations, affirming the importance of individual autonomy and equality.
Global Trends: Many countries, including Australia, Germany, and Canada, have legalized same-sex marriages, reflecting a global trend towards recognizing equal rights for same-sex couples. Legalizing same-sex marriages in India would align it with international human rights standards and reinforce its commitment to global norms.
3. Social and Cultural Perspectives:
Social Acceptance: Legalizing same-sex marriages could foster greater social acceptance and reduce stigma against LGBTQ+ individuals. It would acknowledge and validate diverse sexual orientations, contributing to a more inclusive and egalitarian society.
Cultural Sensitivity: India’s diverse cultural landscape includes varying attitudes towards same-sex relationships. While some regions may be conservative, others have shown progressive attitudes. For instance, the Kolkata Pride Parade and other LGBTQ+ events have gained visibility and support, reflecting changing societal attitudes.
4. Legal and Practical Considerations:
Legal Framework: Implementing same-sex marriage laws would require comprehensive changes to existing legal frameworks, including family law, inheritance rights, and social benefits. It would necessitate amendments to laws governing marriage, adoption, and property rights.
Marriage and Adoption Rights: Legalizing same-sex marriages would grant couples rights related to inheritance, adoption, and healthcare benefits. For example, same-sex couples in countries where marriage is legal have access to joint tax benefits, inheritance rights, and the ability to make medical decisions for their partners.
5. Recent Developments:
Legal Petitions: Several petitions have been filed in Indian courts seeking the legalization of same-sex marriages. For example, the Navtej Singh Johar case and subsequent petitions argue for the recognition of same-sex marriages as a matter of equality and human rights.
Government Stance: The Indian government’s stance on this issue has been cautious. While there has been some progressive movement, such as decriminalizing homosexuality, official positions on same-sex marriage remain conservative. However, civil society organizations and activists continue to advocate for legal recognition and equality.
International Influence: International pressure and diplomatic relations also play a role. For instance, global organizations and advocacy groups have increasingly supported LGBTQ+ rights, influencing policy discussions in various countries, including India.
6. Conclusion:
Legalizing same-sex marriages in India is a matter of human rights, equality, and social justice. It aligns with constitutional principles and global human rights standards, and it would promote a more inclusive society. However, implementing such changes requires addressing legal, cultural, and social challenges. The evolving discourse and advocacy around LGBTQ+ rights indicate a gradual shift towards recognizing and ensuring equal rights for all individuals, including same-sex couples.
See less– What measures does the new budget include to support farmers and the agricultural sector?
The new budget for 2024 includes several significant measures aimed at supporting farmers and enhancing the agricultural sector: Increased Funding: The budget allocates ₹1.52 lakh crore to agriculture and allied sectors, marking a 20% increase from the previous year. This funding aims to improve proRead more
The new budget for 2024 includes several significant measures aimed at supporting farmers and enhancing the agricultural sector:
These measures collectively aim to modernize Indian agriculture, improve farmers’ income, and ensure food security while fostering sustainability and self-reliance.
See lessCritically examine the relevance of the 103rd Constitutional Amendment Act in evolving the reservations policy as tool to meet the objectives of social justice in India.
The 103rd Constitutional Amendment Act, enacted in 2019, introduced a 10% reservation for economically weaker sections (EWS) in education and public employment, marking a significant shift in India's reservation policy. Earlier, reservations were aimed at addressing historical injustices and socialRead more
The 103rd Constitutional Amendment Act, enacted in 2019, introduced a 10% reservation for economically weaker sections (EWS) in education and public employment, marking a significant shift in India’s reservation policy. Earlier, reservations were aimed at addressing historical injustices and social disadvantages faced by Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). This amendment extends benefits based on economic criteria, regardless of caste. Its relevance lies in acknowledging economic hardship as a barrier to social mobility, broadening the scope of social justice. The Supporters argue that it addresses the needs of economically disadvantaged groups who do not fall under existing reserved categories, promoting inclusive growth. Critics says that this economic-based reservation may dilute the original intention of reservations, which is to rectify systemic social discrimination. Additionally, the 10% EWS quota raises questions about the practical implementation and potential overlap with existing quotas, which already account for 50% of seats. The amendment also risks perpetuating the reliance on quotas as a solution, rather than addressing structural inequalities through comprehensive socio-economic reforms. Thus,the 103rd Amendment aims to expand the ambit of social justice, its long-term impact on achieving genuine equity and inclusion remains to be critically evaluated.
See lessAbout major constitutional provisions on education in India
The Indian Constitution has several provisions related to education, which are enshrined in Articles 29 to 31 of the Constitution. Here are some key provisions: Article 29: Right of Minorities to Education Recognizes the right of minorities to establish and administer educational institutions of theRead more
The Indian Constitution has several provisions related to education, which are enshrined in Articles 29 to 31 of the Constitution. Here are some key provisions:
Article 29: Right of Minorities to Education
Article 30: Right of Anglo-Indian Community
Article 30A: Prohibition on Endowment and Restrictions on Educational Institutions
Article 31: Compulsory Education
Makes education a fundamental right for children between the ages of 6 and 14 (later extended to 18 by the 86th Amendment Act, 2002).
Article 32: Fundamental Right to Education
Key directives and judgments
- The Supreme Court’s judgment in T.M.A. Pai Foundation vs. State of Karnataka (2003) emphasized the importance of reservation in private unaided educational institutions.
- The judgment in Imrana Qadri vs. Union of India (2014) upheld the constitutionality of the Right to Education Act, 2009.
- The Supreme Court has also issued several directions and orders to ensure access to education for marginalized communities, such as Dalits, Adivasis, and Muslims.
See lessHow was agriculture affected by the first five year plan of India?
The First Five Year Plan of India (1951-1956) had a significant impact on the agricultural sector of the country. Here are some of the key ways in which agriculture was affected during this plan period: Focus on Agricultural Development: The First Five Year Plan recognized the importance of agricultRead more
The First Five Year Plan of India (1951-1956) had a significant impact on the agricultural sector of the country. Here are some of the key ways in which agriculture was affected during this plan period:
- Focus on Agricultural Development:
- The First Five Year Plan recognized the importance of agriculture as the backbone of the Indian economy and allocated a significant portion of the plan’s resources towards agricultural development.
- The plan emphasized increasing agricultural production, improving irrigation facilities, and expanding the use of modern agricultural techniques and inputs.
- Expansion of Irrigation:
- A major focus of the First Five Year Plan was on expanding and improving irrigation facilities across the country.
- Significant investments were made in the construction of dams, canals, and other irrigation infrastructure to increase the area under irrigation and enhance agricultural productivity.
- This led to the expansion of the total area under irrigation from around 22 million hectares in 1951 to 27 million hectares by 1956.
- Promotion of High-Yielding Varieties:
- The plan encouraged the adoption of high-yielding varieties of crops, particularly wheat and rice, through the introduction of improved seeds and the use of chemical fertilizers.
- This effort laid the foundation for the Green Revolution that would transform Indian agriculture in the subsequent decades.
- Land Reforms:
- The First Five Year Plan also included initiatives for land reforms, such as the abolition of the zamindari system (a feudal land tenure system) and the redistribution of land to small and marginal farmers.
- These reforms aimed to improve the living conditions of agricultural workers and enhance their access to land and other resources.
- Cooperatives and Extension Services:
- The plan promoted the establishment of agricultural cooperatives and the expansion of extension services to provide farmers with access to inputs, credit, and technical guidance.
- This helped to strengthen the institutional support for the agricultural sector and facilitate the adoption of new technologies and practices.
See lesswhy womans have to rely on man of the family for their basic neccessity?
The thing I first of all want to make sure is that women are only depending because of lack of financial independence, which we are overcoming now by replacing female illiteracy with education and hard work. We do see many female entrepreneurs leading the world and what not! Now, addressing an issueRead more
The thing I first of all want to make sure is that women are only depending because of lack of financial independence, which we are overcoming now by replacing female illiteracy with education and hard work. We do see many female entrepreneurs leading the world and what not!
Now, addressing an issue which makes women dependent is the lack of encouragement and self-procrastination. This is the major aspect to be considered as the reason for female dependency. In addition, I would say that as a daughter of my father, I always wanted to make my father feel proud by achieving great heights. But similar case in olden days was to marry a guy who is good and well-settled, which was the only thing that made fathers feel proud. Maybe due to inheritance, we acquainted such aspects even now because the thing is, women are unable to raise their voice to say “no” to their fathers and their husbands. Nowadays, they are unable to get control over their life.
I truly state and believe all these types of dependency systems were inherited, especially in India to be precise! I, therefore, believe that someday we women will take a step of saying “no” at least at some point!
And the solution to this is “Empowering Women through Education and Independence“
See lessConstitutional Amendments Related to Judgement
In the last ten years, two landmark judgments in India are: Aadhaar Judgment (2018): In the Puttaswamy judgment (2018), the Supreme Court of India ruled that the Right to Privacy is a fundamental right guaranteed under the Indian Constitution. The court also held that the Aadhaar scheme, a biometricRead more
In the last ten years, two landmark judgments in India are:
Now, about the NOTA Judgment in 2013:
NOTA Judgement (2013): In 2013, the Supreme Court of India ruled in the case of People’s Union for Civil Liberties vs. Union of India that a voter has the right to exercise a “None of the Above” (NOTA) option in an election. This option allows voters to choose NOTA if they are dissatisfied with all the candidates contesting an election. The court held that this option is essential for democratic governance and would help to ensure that voters are not forced to vote for a candidate they do not want.
The NOTA option was introduced by the Election Commission of India through an amendment to Rule 49(0) of the Conduct of Election Rules, 1961, in January 2013. The option is available to all electors, except those who are voting by postal ballot or proxy.
See lessAmendments in Indian Constitution
In India, a magnificent tale of a living document unfolds – The Constitution of India. From 1950, it was designed to guide our Nation as diverse and vibrant India itself. But the time moves the constitution needed to grow, just like the country it served. Thus began the journey of amendments, now itRead more
In India, a magnificent tale of a living document unfolds – The Constitution of India. From 1950, it was designed to guide our Nation as diverse and vibrant India itself. But the time moves the constitution needed to grow, just like the country it served. Thus began the journey of amendments, now it is 106 in 2024.
It began with the First Amendment which introduced in the year 1951. It planted to uplift the socially and educationally backward classes, ensuring that everyone had chance to flourish. As the years passed, the Constitution continued to evolve. In 1976, an outbreak is visible, known as the 42nd Amendment, it created so many changes named as “Mini-Constitution.” This amendment aimed to reshape the land but also created controversy by trying to curb the power of the judiciary.
Some amendments, ensuring reservations for disadvantaged groups, acted like rays of hope, pushing the nation toward justice and equality. Others, like the 42nd Amendment, faced resistance and sparked debates. More than these all, the Indian Constitution has been a living, breathing entity, adapting to the needs of its people. Each amendment is a chapter in the epic tale of India’s journey toward a just and dynamic society, constantly balancing tradition and progress.
See less