On the 26th of January, 1950. The Constitution of India, the world’s longest written constitution document came into action which replaced the governing act of India 1935 and declared Indian independence with the new India, republic India with 395 articles 22 parts, and 8 schedules.
Which is responsible for all the governing matters, duties, fundamental rights, powers, procedures, structures of the country. With the passage of time, as the development and advancement started taking over and colonizing new societal norms it changed the way people used to think about things. It affected their habits and their priorities and other social factors introduced some new additions in the constitution and thus, the number of articles has since been increased from 395 articles 22 parts and 8 schedules to 448 articles. These additions in the constitution of India since it was enacted are known as Constitutional amendments.
There are in total 105 amendments in the constitution so far from the day it was first enacted in 1950. The modification of rules and regulations in the law under different circumstances and emergencies are constitutional amendments which when required were introduced in the constitution of India. It is needed to be approved by both the houses of the legislature by the majority of ⅔. These important constitutional amendments are further categorized into three types based on the matter of urgencies.
The above two types of amendments (1 & 2) come under article 368.
Simple Majority
Following are some of the cases where a simple majority is used:
Special Majority
There are total four types of special majority
The third type of amendment comes under other important constitutional amendments, in which federal structure of the polity is amended by special majority and also with half of the state legislature’s consent. The provisions which are amended in this way are:
Emergency in India is referred as the catastrophic situation, a period of crisis which can be:
1- Financial Emergency
2- National Emergency
2- Constitutional Emergency
Important constitutional amendments at the time of crisis are needed to be of the utmost priority. Let’s dig deeper and know a little more about these emergency situations and about the constitutional amendments enacted for these emergencies.
It is declared in the state/ nation only after the approval from both the parliament houses within two months of the date of issue.
If at the time of the issuing of the proclamation of financial emergency the lok sabha is under dissolution state in those two months or has already been dissolved then the proclamation will be until 30 days from the first sitting after it’s reconstitution (lok sabha).
A president can proclaim the state of financial emergency under this article if he is satisfied from the situation and convinced that the financial stability of the country in part of the country is threatened.
When the security of India or any part of the Indian territory is threatened by war, external aggression or by armed rebellion then under article 352 the president of India can declare national emergency. The President can even declare national emergency before the actual start of war or any external aggression.
42nd Amendment Act:
This is the act which actually changed the course of India, it plays a very important role in the constitution of India, this was enacted by the government of Indian National Congress headed by Indira Gandhi. Many clauses were changed and many new terms and conditions were introduced in the Constitution of India.
From sovereign democratic republic to sovereign socialist secular democratic republic.
Of the people, By the people, For the people.
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