Methods of Amendment
Methods of Amendment
Methods of Amendment
On paper, an amendment to the Constitution is an extremely difficult affair, and normally needs at least two-thirds of the Lok Sabha and Rajya Sabha to pass it. However, the Constitution of India is one of the most frequently amended Constitutions in the world. Many matters that would be dealt with by ordinary statutes in most democracies must be dealt with by Constitutional amendment in India due to the document's extraordinary detail. The first amendment came only a year after the adoption of the Constitution and instituted numerous minor changes. Many more amendments followed, at a rate of almost two amendments per year since 1950. Most of the Constitution can be amended after a quorum of more than half of the members of each house in Parliament passes an amendment with a two-thirds majority vote. Articles pertaining to the distribution of legislative authority between Union and State governments must also be approved by fifty percent of State legislatures.
In 1974, the Supreme Court of India in the landmark case of Kesavananda Bharati vs. the State of Kerala enunciated the Basic Structure Doctrine, which expanded the scope of judicial review to include the power to review Constitutional Amendments passed by the Legislature. Using this doctrine, the Supreme Court has struck down the 39th Amendment and parts of the 42nd Amendment as being violative of the Basic Structure of the Constitution. Some noted authors of Constitutional law, such as HM Seervai have argued that this is an usurpation of amending power by the judiciary, which was never intended by the framers of the Constitution. However, it can be argued that this doctrine is necessary to protect human rights from being abrogated simply by Constitutional amendment.
Bill can be brought for amendment of India Constitution ____________________ | |||
| Right Option : C | |||
| View Explanation | |||
Which of the following are correct regarding amendment of the constitution: (a) Amendment bill is passed when majority of only Lok Sabha MP's pass the amendment bill. (b) By special majority of the Parliament and ratification of at least half of the state legislatures by special majority. | |||
| Right Option : B | |||
| View Explanation | |||
Which one of the following bills is required to be passed by both Houses of the Indian Parliament separately by a special majority ? | |||
| Right Option : D | |||
| View Explanation | |||
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