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Home/amendment

Mains Answer Writing Latest Questions

Pari Mehrotra
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Pari MehrotraBegginer
Asked: July 23, 2024In: ,
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Which amendment has been the most controversial till date?

amendmentbasic structureconstitutioncontroversy
  1. Anita Dhruw
    Anita Dhruw Legend

    The 42nd Amendment of the Indian Constitution is possibly the most disputed. This is why: Passed during Emergency: Seen as an effort to concentrate power in the ruling party's grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi. Restricted in legal powers: theRead more

    The 42nd Amendment of the Indian Constitution is possibly the most disputed.

    This is why:

    Passed during Emergency: Seen as an effort to concentrate power in the ruling party’s grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi.

    Restricted in legal powers: the amendment severely limited the powers of the judiciary—particularly those of the Supreme Court—not to review and thus invalidate the laws passed by Parliament.

    Having vested power in the center changed the balance of power from that of the states to the center, therefore weakening India’s federal system structure.

    The amendment limited the range of the fundamental rights, especially regarding the right to property.

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Neel Raul
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Neel RaulBegginer
Asked: July 13, 2024In:
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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?

amendmentanalysiscompareindiauk
  1. KIRTI
    KIRTI Begginer

    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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Pari Mehrotra
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Pari MehrotraBegginer
Asked: July 23, 2024In: ,
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Which amendment has been the most controversial till date?

amendmentbasic structureconstitutioncontroversy
  1. Kanishkap
    Kanishkap Begginer

    One of the most controversial amendments to the Indian Constitution was the 42nd Amendment Act of 1976.The 42nd Amendment Act was contentious for its perceived erosion of democratic principles and fundamental rights, sparking widespread debate and criticism. Subsequent amendments and judicial interpRead more

    One of the most controversial amendments to the Indian Constitution was the 42nd Amendment Act of 1976.The 42nd Amendment Act was contentious for its perceived erosion of democratic principles and fundamental rights, sparking widespread debate and criticism. Subsequent amendments and judicial interpretations have sought to restore the original balance of powers and uphold the core values of the Indian Constitution. This amendment was passed during the period of Emergency declared in 1975-1977 and introduced several significant changes:

    1. **Fundamental Rights**: It altered the balance between fundamental rights and directive principles, asserting that the directive principles could override fundamental rights, which led to concerns about potential erosion of civil liberties.

    2. **Constitutional Amendments**: The amendment restricted the Parliament’s power to amend the Constitution by requiring amendments related to the basic structure of the Constitution to be approved by a two-thirds majority and ratified by half of the state legislatures.

    3. **Emergency Provisions**: It extended the duration of the emergency provisions and empowered the government to suspend fundamental rights during emergencies, which raised concerns about authoritarianism and abuse of power.

    4. **Judicial Review**: The amendment curtailed the scope of judicial review, limiting the Supreme Court’s ability to review constitutional amendments, which was seen as undermining the independence of the judiciary.

    5. **State Governments**: It increased the power of the central government over state governments, leading to fears of centralization and weakening of federalism.

    One of the most controversial amendments to the Indian Constitution was the **42nd Amendment Act of 1976**. This amendment was passed during the period of Emergency declared in 1975-1977 and introduced several significant changes:

    1. **Fundamental Rights**: It altered the balance between fundamental rights and directive principles, asserting that the directive principles could override fundamental rights, which led to concerns about potential erosion of civil liberties.

    2. **Constitutional Amendments**: The amendment restricted the Parliament’s power to amend the Constitution by requiring amendments related to the basic structure of the Constitution to be approved by a two-thirds majority and ratified by half of the state legislatures.

    3. **Emergency Provisions**: It extended the duration of the emergency provisions and empowered the government to suspend fundamental rights during emergencies, which raised concerns about authoritarianism and abuse of power.

    4. **Judicial Review**: The amendment curtailed the scope of judicial review, limiting the Supreme Court’s ability to review constitutional amendments, which was seen as undermining the independence of the judiciary.

    5. **State Governments**: It increased the power of the central government over state governments, leading to fears of centralization and weakening of federalism.

     

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Ranjanaa
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RanjanaaBegginer
Asked: July 24, 2024In:
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What was the primary objective of the First Amendment Act, 1951, and what were its key provisions?

amendmentconstitutionconstitutional provisionindiaindian constitutional provisionquestion
  1. Meghna Chakarvarti
    Meghna Chakarvarti Begginer

    The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution. It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or uRead more

    The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution.

    It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions.

    These amendments were primarily driven by concerns over national security and public order in the aftermath of Partition and the challenges of nation-building.

     

    Key provisions of the First Amendment Act, 1951, included:

     

    1. Imposition of Reasonable Restrictions: It added clauses to Article 19 that allowed the state to impose “reasonable restrictions” on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions in the interest of sovereignty and integrity of India.

    2. Land Reform Laws: The Act inserted Article 31A and Article 31B to validate land reform laws that sought to abolish intermediaries and redistribute land to the tillers.

    3. Validation of Certain Acts: It validated certain laws that had been challenged on grounds of infringing fundamental rights, thereby securing legal backing for legislative measures deemed essential for governance and societal stability.

     

     

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Neel Raul
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Neel RaulBegginer
Asked: July 13, 2024In:
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Can you analyze the implications of a specific constitutional amendment, such as the 42nd Amendment, on the balance of power between the central and state governments?

amendmentcaseconstitutionhistorystudy
  1. KIRTI
    KIRTI Begginer

    The 42nd Amendment to the Indian Constitution, enacted in 1976, had significant implications on the balance of power between the central and state governments. Often referred to as a "mini-Constitution," it made extensive changes that strengthened the central government at the expense of state autonRead more

    The 42nd Amendment to the Indian Constitution, enacted in 1976, had significant implications on the balance of power between the central and state governments. Often referred to as a “mini-Constitution,” it made extensive changes that strengthened the central government at the expense of state autonomy.

    One of the major changes was the addition of the words “Socialist” and “Secular” to the Preamble, reinforcing the central government’s ideological direction. The amendment also curtailed the power of the judiciary, making it more difficult to challenge central laws and diminishing the states’ ability to contest central overreach.

    Furthermore, the amendment transferred several subjects from the State List to the Concurrent List, allowing the central government greater legislative control over areas traditionally managed by states. This shift in legislative power further centralized authority, reducing the autonomy of state governments.

    In essence, the 42nd Amendment significantly tilted the balance of power towards the center, weakening the federal structure of India. It created a more centralized form of governance, which has had lasting effects on the relationship between the central and state governments.

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Ranjanaa
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RanjanaaBegginer
Asked: July 24, 2024In:
  • 0

What was the primary objective of the First Amendment Act, 1951, and what were its key provisions?

amendmentconstitutionconstitutional provisionindiaindian constitutional provisionquestion
  1. bhoomi bindra
    bhoomi bindra Begginer

    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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