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Home/upsc: amendments in indian constitution provisions/Page 2

Mains Answer Writing Latest Questions

Shyamlal Sharma
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Shyamlal SharmaLearner
Asked: July 15, 2024In:
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Examine the differences between India’s amendment processes and those of other powerful democracies like the US and the UK. What can be learned from these comparative assessments, and what are the points of similarity and difference?

upsc: amendments in indian constitution provisions
  1. Meena Mehara
    Meena Mehara Learner

    Amendment Procedures in India, United States, and United Kingdom: A Comparative Analysis India Procedure: Amendments to the Indian Constitution are governed by Article 368. Initiation: Amendments can be initiated in either House of Parliament and require a special majority (i.e., majority of the totRead more

    Amendment Procedures in India, United States, and United Kingdom: A Comparative Analysis
    India
    Procedure: Amendments to the Indian Constitution are governed by Article 368.
    Initiation: Amendments can be initiated in either House of Parliament and require a special majority (i.e., majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting).
    Ratification: Some amendments require ratification by at least half of the state legislatures.
    Amendment Scope: Parliament can amend any part of the Constitution, including fundamental rights, but subject to the basic structure doctrine.
    United States
    Procedure: Amendments are proposed by a two-thirds majority in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.
    Ratification: Amendments must then be ratified by three-fourths of state legislatures or conventions.
    Amendment Scope: Amendments can modify any part of the Constitution, including the Bill of Rights.
    United Kingdom
    Procedure: The UK does not have a codified constitution; amendments are made through Acts of Parliament.
    Parliamentary Sovereignty: Parliament has supreme authority and can amend laws, including constitutional conventions.
    Constitutional Conventions: While not legally binding, conventions limit parliamentary power in practice, such as the Salisbury Convention (House of Lords does not oppose government manifesto commitments).
    Similarities and Differences
    Initiation: Both India and the US require a supermajority to propose amendments, whereas the UK allows amendments through simple majority in Parliament.
    Scope: India and the US have formal procedures to amend their written constitutions, whereas the UK’s constitution is flexible and evolves through Acts of Parliament and conventions.
    Ratification: The US requires ratification by states, which is akin to India’s requirement for state legislature ratification in certain cases.
    Amendment Flexibility: India’s basic structure doctrine restricts amendments that alter core principles, while the US and UK have more flexible amendment processes, albeit with different procedural requirements.
    Insights
    Flexibility vs. Rigidity: The US and UK systems allow for more flexible amendments, enabling adaptation to changing circumstances more readily. In contrast, India’s rigidity, especially with the basic structure doctrine, ensures stability but limits swift constitutional changes.

    Democratic Processes: All three systems reflect the importance of democratic consensus in amending foundational laws, albeit through different procedural mechanisms.

    Judicial Review: India’s judicial review power to strike down amendments conflicting with the basic structure highlights a robust check on parliamentary sovereignty, absent in the US and UK.

    Historical Context: The US amendment process, designed to prevent hasty changes, contrasts with the UK’s reliance on conventions and evolving interpretations.

    Conclusion
    Comparative analysis of amendment procedures in India, the United States, and the United Kingdom reveals diverse approaches balancing constitutional stability with adaptability. India’s structured approach guards against rapid changes, while the US and UK systems allow for more responsive updates. Insights from these comparisons underscore the significance of balancing democratic principles with institutional safeguards to uphold constitutional integrity and adaptability in diverse democratic contexts.

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Sohan Choudhury
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Sohan ChoudhuryBegginer
Asked: January 4, 2025In:
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Roadmap for Answer Writing 1. Introduction (30-40 words) Purpose: Introduce the significance of the 42nd Amendment Act, 1976, highlighting it as a comprehensive reform known as the “Mini ...

upsc: amendments in indian constitution provisions
  1. Team
    Best Answer
    Team Supreme

    Model Answers Introduction The 42nd Constitutional Amendment Act, 1976, also known as the "Mini Constitution," introduced several significant changes to the Indian Constitution. These changes impacted various aspects of governance, judiciary, federalism, and individual duties, marking a transformatiRead more

    Model Answers

    Introduction

    The 42nd Constitutional Amendment Act, 1976, also known as the “Mini Constitution,” introduced several significant changes to the Indian Constitution. These changes impacted various aspects of governance, judiciary, federalism, and individual duties, marking a transformative period in India’s constitutional history.

    Changes in the Preamble

    The Preamble was amended to include the terms “socialist” and “secular,” reflecting a broader vision of India’s values. Additionally, the phrase “unity of the nation” was changed to “unity and integrity of the nation,” emphasizing the importance of national integration. These changes highlighted India’s commitment to social and secular values (Source: Indian Constitution).

    Changes in the 7th Schedule

    The 42nd Amendment moved several subjects, including “Education” and “Forests,” from the State List to the Concurrent List. This change increased central authority but led to tensions between the central and state governments over legislative matters (Source: Indian Constitution).

    Insertion of Fundamental Duties

    Article 51A was added, listing ten Fundamental Duties for citizens, reinforcing the idea that rights come with corresponding responsibilities (Source: Indian Constitution).

    Judiciary and Fundamental Rights

    The Amendment curtailed the power of judicial review, limiting the role of courts in scrutinizing constitutional amendments and strengthening the central government’s authority (Source: Indian Constitution).

    Directive Principles of State Policy (DPSPs)

    Three new DPSPs were added, enhancing state responsibility towards workers, legal aid, and environmental protection. Additionally, Article 31C gave primacy to DPSPs over Fundamental Rights (Source: Indian Constitution).

    Conclusion

    The 42nd Amendment Act brought about extensive constitutional reforms, significantly altering India’s political and legal framework, with lasting implications on the balance of power between the central government and states.

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 15, 2024In:
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Talk about the importance of civil society participation and public dialogue in the amending process. How much can the public and interest groups affect the discussion and decision-making surrounding a proposed constitutional amendment?

upsc: amendments in indian constitution provisions
  1. Abhishek Gupta
    Abhishek Gupta Learner

    Public discourse and civil society engagement play a crucial role in the amendment process of a constitution. They provide avenues for citizens and interest groups to voice their opinions, participate in debates, and influence the outcome of proposed constitutional amendments. However, the extent ofRead more

    Public discourse and civil society engagement play a crucial role in the amendment process of a constitution. They provide avenues for citizens and interest groups to voice their opinions, participate in debates, and influence the outcome of proposed constitutional amendments. However, the extent of influence can vary depending on various factors. Let’s discuss the role of public discourse and civil society engagement and the ways citizens and interest groups can impact the debate and outcome of constitutional amendments.

    Creating Awareness and Shaping Public Opinion:
    Public discourse and civil society engagement help create awareness about proposed constitutional amendments among the general public. Through various platforms such as media, public meetings, social media, and advocacy campaigns, citizens and interest groups can disseminate information, explain the implications of amendments, and shape public opinion. This awareness-raising process is crucial for generating interest, mobilizing support, and fostering informed debates.
    Advocacy and Lobbying:
    Interest groups and civil society organizations often engage in advocacy and lobbying to influence the debate and outcome of constitutional amendments. They present their perspectives, research, and recommendations to lawmakers, participate in parliamentary committee hearings, and provide expert opinions. By presenting evidence-based arguments and mobilizing support, these groups can influence the decision-making process and shape the content and scope of amendments.
    Petitions, Memoranda, and Public Consultations:
    Citizens and interest groups can actively participate in the amendment process by submitting petitions, memoranda, and representations to lawmakers, parliamentary committees, and constitutional review bodies. These documents highlight concerns, propose amendments, and provide suggestions for improving the proposed changes. Public consultations and hearings enable citizens and interest groups to directly engage with decision-makers, express their views, and influence the debate and drafting process.
    Litigation and Judicial Review:
    In some cases, citizens and interest groups may resort to litigation and seek judicial intervention to challenge the constitutionality of proposed amendments. By approaching the courts, they can bring their concerns to the attention of the judiciary and argue against amendments that they perceive as infringing upon fundamental rights or the basic structure of the constitution. Judicial review provides an avenue for independent scrutiny and can significantly impact the outcome of constitutional amendments.
    Grassroots Movements and Protests:
    Citizens and interest groups can organize grassroots movements, protests, and demonstrations to express their dissent or support for proposed constitutional amendments. These movements serve as a means to mobilize public opinion, raise awareness, and put pressure on lawmakers and the government to consider alternative perspectives or modifications to the proposed amendments. Such grassroots movements can influence the political environment and create a momentum for change.
    It’s important to note that the influence of citizens and interest groups in the amendment process depends on the openness of the political system, institutional mechanisms for public participation, and the responsiveness of policymakers. The impact can vary from case to case, and the final outcome is ultimately determined by the deliberations and decisions of elected representatives and the constitutional processes in place.

    In conclusion, public discourse and civil society engagement play a vital role in the amendment process by shaping public opinion, advocating for interests, providing expert opinions, and participating in deliberations. While citizens and interest groups can influence the debate and outcome of proposed constitutional amendments through various means, the degree of influence depends on multiple factors and the dynamics of the particular political and institutional context.

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 15, 2024In:
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Consider the differences between the authority granted by Article 368 to change a Constitution and the authority to create new ones or to replace the current one in its entirety. What ramifications does this divide have for law and politics?

upsc: amendments in indian constitution provisions
  1. Rajnish Singh
    Rajnish Singh Begginer

    The Distinction between the Amending Power under Article 368 and the Power to Make New Constitutions or Replace the Existing One The Indian Constitution provides for two distinct mechanisms for making changes to the fundamental law of the land: The Amending Power under Article 368: Article 368 of thRead more

    The Distinction between the Amending Power under Article 368 and the Power to Make New Constitutions or Replace the Existing One

    The Indian Constitution provides for two distinct mechanisms for making changes to the fundamental law of the land:

    The Amending Power under Article 368:
    Article 368 of the Indian Constitution outlines the procedure for amending the Constitution.
    This power allows for specific changes or additions to be made to the existing constitutional provisions.
    Amendments under Article 368 require a special majority in the Parliament (two-thirds of members present and voting, and an absolute majority of the total membership of each House).
    Certain provisions of the Constitution, like the fundamental rights and the basic structure of the Constitution, are considered unamendable under this power.
    The Power to Make New Constitutions or Completely Replace the Existing One:
    This power goes beyond the scope of Article 368 and allows for the creation of an entirely new Constitution or the complete replacement of the existing one.
    This power is typically exercised by a Constituent Assembly or a similar body with the specific mandate to draft a new Constitution.
    The process of making a new Constitution or replacing the existing one is not subject to the constraints of Article 368 and usually involves a more extensive and involved process.
    It may require the dissolution of the existing political order and the establishment of a new one.
    Legal and Political Implications of this Distinction:

    Scope of Changes: The amending power under Article 368 is limited to making specific changes or additions to the existing constitutional provisions. In contrast, the power to make a new Constitution or replace the existing one allows for a more comprehensive and fundamental overhaul of the entire legal and political framework.
    Degree of Difficulty: Amending the Constitution under Article 368 is generally considered a more straightforward process, as it requires a special majority in the Parliament. Creating a new Constitution or replacing the existing one, on the other hand, typically involves a more complex and challenging process, often requiring the convening of a Constituent Assembly or a similar body.
    Preservation of Continuity: Amendments under Article 368 aim to preserve the overall continuity and stability of the existing constitutional framework, while the power to make a new Constitution or replace the existing one may involve a more fundamental disruption of the political and legal order.
    Implications for Fundamental Rights and the Basic Structure: The Supreme Court has interpreted the basic structure of the Constitution as being unamendable under Article 368. However, the power to make a new Constitution or replace the existing one may potentially allow for a reconsideration of the fundamental rights and the basic structure of the Constitution.
    Political Significance: The power to make a new Constitution or replace the existing one is typically associated with significant political events, such as the creation of a new nation or a major constitutional crisis. The exercise of this power can have far-reaching political implications, potentially leading to the reconfiguration of the power dynamics and the establishment of a new political order.
    In summary, the distinction between the amending power under Article 368 and the power to make new Constitutions or completely replace the existing one lies in the scope, degree of difficulty, preservation of continuity, implications for fundamental rights and the basic structure, and the political significance associated with each process. This distinction is crucial in understanding the legal and political dynamics of constitutional change in India.

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Mamta Rani
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Mamta RaniLearner
Asked: July 16, 2024In:
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Talk about the President’s involvement in the amending process. What are the President’s authority and restrictions when it comes to endorsing or rejecting a constitutional modification that the Parliament has passed?

upsc: amendments in indian constitution provisions
  1. vikas singh
    vikas singh Begginer

    The role of the President in the constitutional amendment process is an interesting and important one, though it is also somewhat limited compared to the central role played by Congress and the states. As outlined in Article V of the Constitution, the amendment process can be initiated in one of twoRead more

    The role of the President in the constitutional amendment process is an interesting and important one, though it is also somewhat limited compared to the central role played by Congress and the states.

    As outlined in Article V of the Constitution, the amendment process can be initiated in one of two ways: either by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called for by two-thirds of state legislatures.

    Once an amendment has been proposed through one of those routes, it then must be ratified by the legislatures of three-fourths of the states before it can take effect. The President does not have a direct vote in this ratification process.

    However, the President does play an indirect but significant role in several ways:

    Agenda-setting power: As the head of the executive branch, the President can help set the national political agenda and priorities, which can influence which constitutional amendments are introduced and debated by Congress.
    Bully pulpit: The President has a powerful platform to advocate for or against specific amendment proposals, using the media and the office’s bully pulpit to sway public opinion.
    Veto power: While the President cannot veto a constitutional amendment itself, they can veto legislation passed by Congress that is intended to propose an amendment. This creates an opportunity for the President to indirectly shape or block the amendment process.
    Appointment power: The President appoints federal judges, including Supreme Court justices, who may later rule on the constitutionality or interpretation of any new amendments.
    So in summary, the President’s role is more indirect than direct, but it is still a meaningful one. The President can use their agenda-setting influence, public platform, and appointment power to either facilitate or impede the passage of constitutional amendments, even if they cannot unilaterally approve or reject them.

    Ultimately, the high bar set for amending the Constitution means that any proposed changes would need to garner broad, bipartisan support to overcome the deliberate hurdles built into the process. The President’s role is important, but not decisive, in that overall equation.

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Akash Patel
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Akash PatelBegginer
Asked: July 15, 2024In:
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Examine the effects of the 42nd Amendment on the balance of power between the legislature, executive branch, and courts. The 42nd Amendment is also referred to as the “Constitution’s funeral.” What efforts were made to reverse the impacts of this ...

upsc: amendments in indian constitution provisions
  1. Malti devi
    Malti devi Learner

    The 42nd Amendment, enacted in 1976 during the Emergency, is widely regarded as one of the most controversial and far-reaching amendments to the Indian Constitution. It had a significant impact on the balance of power between the judiciary, executive, and legislature, and its effects were widely debRead more

    The 42nd Amendment, enacted in 1976 during the Emergency, is widely regarded as one of the most controversial and far-reaching amendments to the Indian Constitution. It had a significant impact on the balance of power between the judiciary, executive, and legislature, and its effects were widely debated in the years that followed.

    Impact on the Balance of Power:
    The 42nd Amendment significantly enhanced the powers of the Parliament and the Executive at the expense of the Judiciary. Some of the key changes it introduced include:

    1.Curtailing Judicial Review: The amendment explicitly stated that the Constitution’s Fundamental Rights could not be challenged on the grounds of violation of basic structure. This severely limited the Judiciary’s power of judicial review, which had been established as a core feature of the Constitution through the Kesavananda Bharati case.
    2. Strengthening Parliamentary Supremacy: The amendment gave Parliament the power to amend any part of the Constitution, including the Fundamental Rights, without any substantive limitations. This effectively undermined the Judiciary’s role as the guardian of the Constitution.
    3. Expanding the Directive Principles: The 42nd Amendment added several new Directive Principles, further entrenching the state’s role in the social and economic spheres, and potentially allowing for greater interference in individual rights.
    4. Diluting the Federal Structure: The amendment shifted the balance of power towards the Union government, reducing the autonomy of the States and centralizing decision-making authority.

    Reshaping the Constitutional Landscape:

    The 42nd Amendment was widely criticized for transforming the Indian Constitution from a system of checks and balances to one that favored parliamentary supremacy and executive dominance. It was seen as a blatant attempt to consolidate the ruling party’s power and undermine the independence of the Judiciary.

    The amendment’s impact was far-reaching, as it threatened to erode the core principles of India’s constitutional democracy, such as the separation of powers, federalism, and the protection of fundamental rights.

    Efforts to Undo the Effects:

    In the aftermath of the Emergency, there were concerted efforts to undo the effects of the 42nd Amendment and restore the balance of power between the branches of government.

    The 43rd Amendment: Enacted in 1977, this amendment partially reversed the 42nd Amendment, restoring the Judiciary’s power of judicial review and limiting Parliament’s ability to amend the Constitution’s basic structure.
    The Minerva Mills Case: In this landmark judgment, the Supreme Court ruled that the 42nd Amendment’s provisions limiting judicial review were unconstitutional, reaffirming the Judiciary’s role as the guardian of the Constitution.
    Subsequent Amendments: The 44th, 73rd, and 74th Amendments further decentralized power and strengthened the federal structure, partially undoing the centralizing tendencies of the 42nd Amendment.
    Despite these efforts, the legacy of the 42nd Amendment continues to be debated, with ongoing discussions on the appropriate balance of power between the three branches of government and the need to preserve the Constitution’s core principles.

    The 42nd Amendment remains a significant chapter in India’s constitutional history, serving as a cautionary tale about the dangers of unchecked legislative power and the importance of maintaining a robust system of checks and balances.

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Chetan Gupta
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Chetan GuptaBegginer
Asked: July 16, 2024In:
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Examine the reasons for and against adding a “sunset clause” to the Constitution, which would call for regular reapproval of the text. What impact might such a clause have on the durability and stability of the Constitution?

upsc: amendments in indian constitution provisions
  1. Shree Shree Singh
    Shree Shree Singh Begginer

    The proposal to include a "sunset clause" in the U.S. Constitution, which would require periodic re-approval of the document, is a complex and controversial idea with valid arguments on both sides. Arguments in Favor of a Sunset Clause: Responsiveness to Change: A sunset clause could compel regularRead more

    The proposal to include a “sunset clause” in the U.S. Constitution, which would require periodic re-approval of the document, is a complex and controversial idea with valid arguments on both sides.

    Arguments in Favor of a Sunset Clause:

    Responsiveness to Change: A sunset clause could compel regular reviews and updates to the Constitution, enabling it to stay more relevant and responsive to evolving social, technological, and political realities.
    Increased Democratic Legitimacy: Requiring periodic re-approval by the people or their representatives could enhance the Constitution’s democratic legitimacy and ensure it continues to reflect the will of the citizenry.
    Preventing Constitutional Drift: A sunset clause could help prevent the gradual “drifting” of the Constitution away from its original intent and principles, as interpreted and applied over time.
    Encouraging Civic Engagement: The prospect of regular constitutional reviews and re-approval could stimulate greater public engagement and discourse around the foundational principles of government.
    Arguments Against a Sunset Clause:

    Threat to Stability and Continuity: Introducing a sunset clause could undermine the stability and continuity that have made the U.S. Constitution a lasting and influential document. The prospect of the Constitution expiring could create significant uncertainty and instability.
    Vulnerability to Partisan Manipulation: The re-approval process could become a battleground for partisan politics, with each side seeking to alter the Constitution to align with their ideological agendas, potentially leading to constitutional crises.
    Logistical and Practical Challenges: Coordinating a nationwide re-approval process for the Constitution would be an immense logistical undertaking, fraught with procedural complexities and potential roadblocks.
    Undermining the Rule of Law: A sunset clause could undermine the rule of law by creating the perception that the Constitution is a temporary or conditional document, rather than the enduring foundation of the American system of government.
    Impact on the Stability and Longevity of the Constitution:

    The inclusion of a sunset clause in the Constitution would likely have a significant impact on its stability and longevity:

    Increased Vulnerability to Change: The periodic re-approval requirement could make the Constitution more susceptible to substantial revisions or even outright replacement, undermining its status as a stable, long-term framework for governance.
    Potential for Constitutional Crisis: The re-approval process could become a flashpoint for political conflict, potentially leading to constitutional crises if the document fails to gain the necessary support for renewal.
    Weakened Role as a Unifying Document: The constant uncertainty surrounding the Constitution’s future could diminish its ability to serve as a unifying, stabilizing force in American society.
    Overall, while the arguments for a sunset clause have some merit, the potential risks to the stability and longevity of the U.S. Constitution appear to outweigh the potential benefits. The enduring strength of the Constitution has been its ability to provide a durable, adaptable framework for governance, and a sunset clause could undermine this core strength.

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Arman Khan
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Arman KhanBegginer
Asked: July 15, 2024In:
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What has been the actual application of the Constitution’s modifying provisions since 1950? Give a summary of the most significant constitutional changes that have been approved and talk about the sociopolitical settings and effects of each.

upsc: amendments in indian constitution provisions
  1. Abhishek Gupta
    Abhishek Gupta Learner

    Since the adoption of the Indian Constitution in 1950, several amendments have been made to address various socio-political contexts and challenges. These amendments have played a crucial role in shaping and evolving the constitutional framework of India. Let's provide an overview of some major consRead more

    Since the adoption of the Indian Constitution in 1950, several amendments have been made to address various socio-political contexts and challenges. These amendments have played a crucial role in shaping and evolving the constitutional framework of India. Let’s provide an overview of some major constitutional amendments, along with their socio-political contexts and impacts.

    First Amendment Act, 1951:
    Context: This amendment was primarily introduced to address legal challenges to land reforms and to curtail freedom of speech and expression.
    Impact: It inserted reasonable restrictions on freedom of speech and expression to protect public order, decency, and morality. It also validated land reform laws, ensuring their constitutionality.
    Twenty-Fourth Amendment Act, 1971:
    Context: This amendment was introduced to counter the Supreme Court’s judgment in the Golaknath case, which held that Parliament could not amend the fundamental rights.
    Impact: It amended Article 13 and reaffirmed Parliament’s power to amend any part of the Constitution, including fundamental rights. It restored Parliament’s authority to amend fundamental rights.
    Forty-Second Amendment Act, 1976:
    Context: This amendment was passed during the period of the Emergency (1975-1977) and aimed to consolidate power in the hands of the government.
    Impact: It made significant changes to the Constitution, including asserting the supremacy of Parliament, limiting judicial review, and diluting fundamental rights. It was widely criticized for its authoritarian nature.
    Forty-Fourth Amendment Act, 1978:
    Context: This amendment was introduced to reverse some of the changes made by the Forty-Second Amendment Act and restore certain fundamental rights.
    Impact: It restored the power of judicial review and limited the power of Parliament to amend the Constitution. It reinforced fundamental rights and curtailed the powers of the government.
    Forty-Sixth Amendment Act, 1982:
    Context: This amendment was introduced to extend reservations for Scheduled Castes and Scheduled Tribes in the Parliament and state legislatures.
    Impact: It extended the reservations for Scheduled Castes and Scheduled Tribes in the Lok Sabha (lower house of Parliament) and state legislatures for another ten years, ensuring representation and social justice.
    Seventy-Third Amendment Act, 1992:
    Context: This amendment was passed to strengthen local self-government institutions and promote decentralization.
    Impact: It added the provisions for Panchayats (village councils) and conferred them with constitutional status. It aimed to empower local communities, enhance grassroots democracy, and promote rural development.
    Ninety-Ninth Amendment Act, 2014:
    Context: This amendment was introduced to facilitate the Land Boundary Agreement between India and Bangladesh.
    Impact: It enabled the exchange of territories and resolved border disputes between India and Bangladesh. It demonstrated the flexibility of the amendment process in addressing geopolitical challenges.
    These are just a few examples of significant constitutional amendments in India. Each amendment reflects the socio-political context of its time and has had varying impacts on governance, fundamental rights, social justice, and decentralization. The amendment process has allowed the Indian Constitution to adapt and respond to the evolving needs of the nation, ensuring its relevance and vitality.

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Prateek
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PrateekLearner
Asked: June 5, 2024In:
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Emphasize the transfer of authority granted by the 73rd and 74th Constitutional Amendment Acts. Do you believe that thus far, the devolution process has not been entirely satisfactory? (Answer in 200 words)

upsc: amendments in indian constitution provisions
  1. Animesh Singh
    Animesh Singh Learner

    The 73rd and 74th Constitutional Amendment Acts were landmark reforms aimed at strengthening local self-governance in India through the devolution of powers to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs). Key features of the devolution of powers under these amendments include thRead more

    The 73rd and 74th Constitutional Amendment Acts were landmark reforms aimed at strengthening local self-governance in India through the devolution of powers to Panchayati Raj Institutions (PRIs) and Urban Local Bodies (ULBs).

    Key features of the devolution of powers under these amendments include the establishment of a three-tier system of Panchayats, the mandatory holding of regular elections, the devolution of 29 subjects from the state list to Panchayats, and the recognition of municipalities as the third tier of governance with the devolution of 18 subjects.

    However, the process of devolution has been less than satisfactory in many parts of the country. Challenges include the lack of functional devolution, inadequate financial resources, capacity constraints of local bodies, and political interference by state governments.

    To address these challenges and strengthen local self-governance, a more concerted effort is needed by both the central and state governments to empower PRIs and ULBs through adequate devolution of powers, resources, and capacity-building support. This would enable local bodies to fulfill their responsibilities effectively and contribute to the overall development and democratic governance of the country.

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Bhavesh Desai
  • 0
Bhavesh DesaiBegginer
Asked: July 16, 2024In:
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Examine the effects of the 73rd and 74th Amendments, which improved municipal governance and decentralized authority. What changes have these reforms brought about in India’s grassroots democracy?

upsc: amendments in indian constitution provisions
  1. Debdatta Das
    Debdatta Das Begginer

    The 73rd and the 74th amendment acts were being implemented in the democratic nation and the fedaral structure of the nation were introduced in order to have a decentralized government so that the powers of the central government and the state government and to the local bodies even this came into eRead more

    The 73rd and the 74th amendment acts were being implemented in the democratic nation and the fedaral structure of the nation were introduced in order to have a decentralized government so that the powers of the central government and the state government and to the local bodies even this came into effect on the 24th April 1993 and the 1st June 1993 respectively .

    73rd amendment act :

    This is applicable in the rural areas the PANCHAHAYTI RAJ SYSTEM wherein the state government was under the constitutional obligation . This was adopted in the 11th schedule of the Indian  constitution . The members of the panchayat are elected directly by the people  and the head of the panchayat is known as the sarpanch . Seats are also reserved for the SC and ST and for the chairpersons of the panchayat at all levels of the panchayat along with one- third positions for women folk .

    74th AMENDMENT ACT :

    This is basically found in the urban areas adopted in the year 19192 constituted of the municipalities i.e. the Nagar panchayat , Municipal Corporation, Municipal Council herein the people are directly elected by he people in the municipal area divided into wards and ward wise the representatives are chosen. Herein as well SC and St seats are reserved and 1/3rd seats are reserved for the women

    IMPLEMENTS OF AMENDMENTS :

    This decentralization of power has led to the upliftment of the local communities their problems are been addressed right away from the rural to the urban level from villages, blocks, zilla, wards and so and so this also led to the development of the socities of the local community in terms of industrialization, education, health care  women’s position . They get the resources to development and many more.

     

     

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