Describe the procedure for modifying the Indian Constitution according to Article 368. What are the distinct processes for changing the various sections of the Constitution, and why do these procedures differ?
Article 368 of the Indian Constitution deals with the power and procedure of Parliament to amend the Constitution. This article empowers Parliament to amend the Constitution by adding, changing, or repealing any provision, thus ensuring its adaptability to changing needs and circumstances. The amendRead more
Article 368 of the Indian Constitution deals with the power and procedure of Parliament to amend the Constitution. This article empowers Parliament to amend the Constitution by adding, changing, or repealing any provision, thus ensuring its adaptability to changing needs and circumstances.
The amendment process involves a rigorous procedure to safeguard the Constitution’s integrity. A bill proposing an amendment can be introduced in either House of Parliament and must be passed by a majority of the total membership of each House and by a two-thirds majority of members present and voting. Some amendments also require ratification by at least half of the state legislatures.
Article 368 also delineates limits to the amending power. The Supreme Court of India, through landmark judgments like Kesavananda Bharati v. State of Kerala (1973), has held that the basic structure of the Constitution, including principles such as democracy, rule of law, and fundamental rights, cannot be altered.
Thus, Article 368 provides a balanced mechanism for constitutional evolution while protecting the fundamental framework of the Constitution. This ensures that while the Constitution remains dynamic and responsive, its core values and principles are preserved.
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The process of amending the Constitution of India is outlined in Article 368. The Indian Constitution provides for a flexible amendment procedure, with varying degrees of difficulty for amending different parts of the Constitution. This is to ensure that the fundamental structure and core principlesRead more
The process of amending the Constitution of India is outlined in Article 368. The Indian Constitution provides for a flexible amendment procedure, with varying degrees of difficulty for amending different parts of the Constitution. This is to ensure that the fundamental structure and core principles of the Constitution are protected, while also allowing for necessary changes to be made.
There are two primary procedures for amending the Constitution:
Simple Majority Amendment:
This procedure applies to the majority of the provisions in the Constitution.
An amendment can be initiated in either house of Parliament.
The amendment bill must be passed by a simple majority (more than 50%) of the total membership of each house of Parliament and by a majority of not less than two-thirds of the members of each house present and voting.
This amendment process is relatively straightforward and allows for necessary changes to the Constitution to be made.
Special Majority Amendment:
This procedure applies to specific parts of the Constitution, such as the provisions related to the federal structure of the government, the representation of states in Parliament, and the powers of the Supreme Court and High Courts.
An amendment bill must be passed by a special majority of the Parliament, which requires a majority of the total membership of each house and a majority of not less than two-thirds of the members of each house present and voting.
Additionally, such an amendment must be ratified by the legislatures of not less than one-half of the states.
This more stringent amendment procedure is in place to protect the basic structure and federal nature of the Indian Constitution.
The rationale behind these varying amendment procedures is to strike a balance between flexibility and stability. The simple majority amendment process allows for necessary changes to the Constitution, while the special majority amendment process ensures that the fundamental features and core principles of the Constitution are not easily altered.
The special majority amendment procedure is designed to make it more difficult to amend certain critical parts of the Constitution, such as those related to the federal structure and the powers of the judiciary. This is to prevent the concentration of power and to safeguard the core principles of the Constitution, which are crucial for the effective functioning of the Indian democratic system.
By having these different amendment procedures, the Constitution aims to maintain a balance between the need for change and the need for stability, ensuring that the Constitution remains responsive to the evolving needs of the country while also preserving its core values and principles.
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