Social Sciences, asked by swapnalia1, 1 year ago

prepare a report on constitutional amendment

Answers

Answered by yash2551
1
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

However, there is another limitation imposed on the amending power of the constitution of India, which developed during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment, the most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala.


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Answered by Anonymous
3
Procedures of Amendment

(1) By Simple Majority :- Certain provisions of the Constitution can easily be changed by passing the Amendment Bill by simple majority which means the bill should be approved by a majority of the members present and voting in both the Houses of the Parliament.

(2) By Special Majority :- The Amendment Bill shall have to be approved by the both Houses of the Parliament by (i) absolute majority of total membership and (ii) two - third majority of members present and voting. Most of the provisions of our constitution are amended by this method.

(3) Special Majority and Ratification :- After the bill is passed by Special Majority in both the Houses of the Parliament, it may be approved by the legislatures of at least half of the total number of states.


Regarding amendment of the Constitution, both the Houses enjoy equal power. An amendment bill can be introduced in either House. But it must be passed by each House separately.

Hope it helps you.
With regards@
Tanisha

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