In considering the Articles of the Constitution it has no eye on getting through a particular measure. The Constitution declares India to be a sovereign socialist democratic republic, assuring its citizens of justice, equality, and liberty. A rigid constitution is a must in a federal system of governance. Rules related to the acquiring and termination of citizenship. Method of Amendment: Critical Evaluation: Main points of criticism: 1. One, by Special majority in each house of parliament and other by ratification of half of the states accompanied with special majority of the parliament. It stated that fundamental rights may be amended by the parliament, but not all of them.
Rajasthan, when the validity of the Seventeenth Amendment was called in question. There is no provision in the constitution about a joint session of both the houses for deliberation and discussion in case a disagreement arises between the two. It can be described as partly flexible and partly rigid. Summary of the effect of the various judgments: The effect of the various decisions of the Supreme Court may be thus summarized: Parliament has limited powers to amend the constitution. Yet, on close examination it will be seen that there were compelling circumstances which led to the constitutional amendments.
Another reason is that the Parliament of India is elected by means of single seat districts, under the , used in the and the. But in any event, we should not make a Constitution, such as some other great countries have, which are so rigid that they do not and cannot be adapted easily to changing conditions. Non compliance with it will result in invalidity of the amendment. Therefore, the limitation on that power cannot be destroyed. Ever since the Supreme Court has been the interpreter of the Constitution and the arbiter of all amendments made by parliament. Union of India, the first case on amendability of the Constitution, the validity of the First Amendment curtailing the right to property guaranteed by Art. There are several aspects of the law that remain unclear and cannot be defined accurately.
There would be a reservation for the people of the area in the government jobs and education. Some of them had nothing to do with public welfare. Union of India, the scope and extent of the doctrine of basic structure was again considered by the Supreme Court. Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent. Amendability of The Indian Constitution: Or Amendability of the Fundamental Rights: The elementary question in controversy has been whether Fundamental Rights are amendable so as to take away the basic rights guaranteed by the Constitution.
But at one point they have similar view that parliament has no power to destroy, alter, or emasculate the 'basic structure' or framework of the constitution. If you make anything rigid and permanent, you stop the nation's growth, the growth of a living vital organic people. The Bill Constitution Ninety Ninth Amendment Act 2012 was brought in again with the new numbering The Constitution Ninety Eighth Amendment Act 2012. The amendment was intended to rectify this situation. This Amendment would put an end to any controversy as to which is supreme, Parliament or the Supreme Court.
They also never wanted to have a British-style system where is supreme. Constitutional amendment under article 368 allows peaceful division of the country provided fundamental rights Article 13 are ensured in all the resultant countries. Bills relating to such matters require the recommendation of the President for introduction. Nobody can say that this is the finality. The constitution vests in judiciary, the power to adjudicate upon the constitutional validity of all the laws. He can neither withhold his assent to the bill nor return the bill for reconsideration of the parliament. Rules of Procedure and Conduct of Business in Lok Sabha Eleventh ed.
In case of Indian constitution, it has been argued that it is not rigid enough. It was challenged on the basis that it took away the right to property. Held that the fundamental importance of the freedom of the individual has to be preserved for all times to come and that it could not be amended out of existence. Indian constitution is unique in composition. First Governor-General of India: Lord William Bentickc Earlier to this act, laws made were called Regulations but, henceforth laws will be called as Acts. Only after this, the bill will be sent for presidential assent. A constitution which is static is a constitution which ultimately becomes a big hurdle in the path of the progress of the nation.
They are associated in the process of the amendment only through the ratification procedure laid down in article 368, in case the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368. As a result, it is the longest constitution of any sovereign nation in the world. Thus, no recommendation of President is needed for introducing these bills. The 39th and 42nd Amendments were made to ensure power to one individual and one party. Each of the judges, separately put out what they thought were the basic features of the constitution. In determining whether a matter is of sufficient public importance, it should be examined whether the particular provisions in the Constitution are adequate to satisfy the current ideas and public demand at the time. Therefore, while we make a Constitution which is sound and as basic as we can, it should also be flexible.
It is difficult to conceive a simpler method of amending the Constitution. Para 7 of the Schedule vests Parliament with plenary powers to enact laws amending the Schedule and lays down that no such law shall be deemed to be an amendment of the Constitution for the purposes of article 368. Keeping this factor in mind the Draftsmen of the Indian Constitution incorporated Article 368 in the Constitution which dealt with the procedure of amendment. That explains why the Constituent Assembly though elected on limited franchise can be trusted to pass the Constitution by simple majority and why the Parliament though elected on adult suffrage cannot be trusted with the same power to amend it. However, the basic features of the amending procedure have remained intact in spite of these changes. There are two main methods for the amendment of a constitution — Informal methods and formal methods. The court by majority overruled the Golak Nath case which denied parliament the power to amend fundamental rights of the citizens.