Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.
Answers
Answer:
The first amendment act of 1951, made changes in the constitution due to some flows in the working of constitution and those were to be remedied.
Under Article 19, Right to Freedom of speech and expression was held by some courts to be very comprehensive, not to take any action against any individual.
Many laws made on abolition of Zamindari System were declared Ultra Vires by courts, hence, constitution was amended.
In the case of Keshavananda Bharti, Parliament’s power to amend the constitution was checked and limited them by instructing not to violate the basic structure of constitution as well as parliament can amend if clashes arise between the judiciary and the government.
In 1971, by 24th amendment parliament got the power to amend the constitution including the fundamental rights.
42nd amendment (1976) was most controversial as amendment were made in the background of internal emergency as well as imposed some restrictions on the power of judicial review of the court.
44th amendments cancelled most of the changes which were affected by 38th, 39th, 42nd amendments, i.e. changes in Preamble to the seventh schedule, other 53 Articles, etc.
Sometimes, judicial interpretations also changed the understanding of constitution, i. e. the supreme court had held that reservation in jobs and educational institutions must not exceed 50% of the total seats.
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