How does the amendment process in the Indian Constitution compare with that of other democratic countries, such as the United States or the United Kingdom?
The First Amendment Act, of 1951 was carried out to address the SCs decision that stopped the government from implementing socio-economic reforms. The amendment safeguards the government's power to do social justice ensure equal distribution of resources and carry out land reforms. Some important prRead more
The First Amendment Act, of 1951 was carried out to address the SCs decision that stopped the government from implementing socio-economic reforms. The amendment safeguards the government’s power to do social justice ensure equal distribution of resources and carry out land reforms. Some important provisions of this act are as follows:
1. Restriction on Freedom of speech and expression
The act imposed restrictions on how the fundamental right of freedom of speech and expression should be exercised. The said restrictions preserve the morals, sovereignty, and integrity of India.
2. Land reforms
Article 31A- under this protection laws related to land reforms and the acquisition of estates were introduced. The provision aimed at redistribution of and to ensure social justice.
Article 31B- this article protects certain laws by placing them in the 9th schedule from being challenged in the SC on grounds of violation of fundamental rights.
3. Amendments to Fundamental rights
The act stated that and large estate acquired by the government with the purpose of redistribution to ensure equality should not be seen as unconstitutional or challenged in the SC on grounds of violation of fundamental rights of right to equality or right to property.
4. Provisions for backward classes
The act allowed the state to make provisions for the growth of educationally and socially backward classes or for the scheduled caste and scheduled tribes.
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The amendment process in the Indian Constitution is quite flexible compared to the rigid system in the United States and the more fluid approach in the United Kingdom. India: The Indian Constitution can be amended through a special majority in Parliament, with some amendments requiring ratificationRead more
The amendment process in the Indian Constitution is quite flexible compared to the rigid system in the United States and the more fluid approach in the United Kingdom.
India: The Indian Constitution can be amended through a special majority in Parliament, with some amendments requiring ratification by at least half of the state legislatures. This allows for relatively easier changes while ensuring broad consensus.
United States: The U.S. Constitution has a very rigid amendment process. An amendment requires a two-thirds majority in both houses of Congress and ratification by three-fourths of the state legislatures. This high threshold makes amendments rare and difficult to achieve.
United Kingdom: The UK has no formal written constitution, so its laws and principles can be amended more flexibly. Changes can be made through simple Acts of Parliament, reflecting the UK’s reliance on parliamentary sovereignty and the evolving nature of its legal framework.
In summary, India strikes a balance with a process that is neither as stringent as the U.S. nor as flexible as the UK, allowing for adaptability while maintaining stability.
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