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Questions and Answers
What is the process of amending the Constitution of India?
What is the process of amending the Constitution of India?
The process of making changes to the nation's fundamental law or supreme law.
Where is the procedure of amendment in the Constitution of India laid down?
Where is the procedure of amendment in the Constitution of India laid down?
In Part XX (Article 368) of the Constitution of India.
What limitation is imposed on the amending power of the Constitution of India?
What limitation is imposed on the amending power of the Constitution of India?
The discretionary use of power to amend the Constitution by the Parliament, which is restricted by the Supreme Court.
What is the most famous doctrine or rule in regard to checking the validity/legality of an amendment in India?
What is the most famous doctrine or rule in regard to checking the validity/legality of an amendment in India?
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What system did the framers of the Constitution of India not want to have, based on the text?
What system did the framers of the Constitution of India not want to have, based on the text?
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Study Notes
Amendment Process of the Constitution of India
- Amending the Constitution requires a legislative process involving the Parliament and, in some cases, state legislatures.
- There are three types of amendments:
- Simple majority of both Houses of Parliament
- Special majority of both Houses
- Ratification by half of the state legislatures for certain amendments.
Procedure of Amendment
- Article 368 of the Constitution details the procedure for amendments.
- Amendments may be initiated by either the Lok Sabha or the Rajya Sabha and must be passed by a requisite majority depending on the type of amendment proposed.
Limitations on Amending Power
- The basic structure doctrine restricts Parliament from altering the fundamental framework of the Constitution.
- Certain core principles, such as democracy, secularism, and judicial review, cannot be amended.
Judicial Review of Amendments
- The Kesavananda Bharati case established the most famous doctrine regarding the basic structure, which enables the Supreme Court to invalidate amendments that violate fundamental principles.
Constitution Framers' Intent
- The framers aimed to avoid a rigid Constitution and instead incorporated a system allowing for flexibility through amendments.
- They sought to prevent an overarching central authority and promote a federal structure, ensuring checks and balances.
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Description
Test your knowledge of the Indian Constitution with this quiz on the amendment process. Explore the procedures outlined in Article 368 and understand the limitations on parliamentary power.