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Amendment Procedure
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This lesson is an elaboration of the Amendment procedure of the Indian Constitution

Sweta Chowdhury
Xaverian and Presidencian possessing B.A. and M.A. in Political Science with a quest for liberating through knowledge. UGC NET qualified.

Unacademy user
your tutorials are excellent. Thanks, I appreciated your videos.
Please note that the Constitution(Fourth Amendment) Act was passed in the year 1955.

  2. A BALANCED APPROACH o "A Constitution is a FUNDAMENTAL o "A Constitution is a DYNAMIC document"- o Jawaharlal Nehru- A Constitution cannot be document"- reflective of rigidity reflective of flexibility permanent. A certain degree of flexibility is necessary for "the nation's growth of living, vital, organic people."- rigidity must not be extreme

  3. DIVISION OF THE ARTICLES ON THE BASIS OF AMENDMENT o Dr. B.R.Ambedkar- The Indian Constitution is both rigid THREE Categories: and flexible Articles that can be amended by the Parliament with the help of a simple majority- e. with the creation or destruction of Upper Houses iin the States g., p rovisions dealing > Articles that can be amended by Parliament with a two thirds majority- e.g., Parts III and IV > Articles that can be amended by the Parliament with a two thirds majority plus ratification by the States- e.g., division of legislative power between the Union and the States

  4. DETAILED PROCEDURE OF AMENDMENT Part XX- Art. 368 o Initiation of an amendment- introduction of Bill for the purpose of amendment in either House of the Parliament o Passage of the Bill in each House by a majority of the total membership of the House and by a majority of not less than two-thirds of the members of the House present and voting o President's assent

  5. STATE RATIFICATION Provisions that can be amended only after ratification by the Legislatures of not less than one half of the States by resolutions before the Bill is presented to the President o Part V- Chapter IV- the Union Judiciary o Part VI- Chapter V- the High Courts in the States o Art. 54, Art. 55- Election of the President o Art. 73, Art. 162- Extent of the executive power of the Union and the States o Art. 241- High Courts for Union Territories o Art. 368- Provisions dealing with the amendment of the Constitution

  6. PARLIAMENT'S POWER TO AMEND o Constitution (1st Amendment) Act, 1951- upheld by the Supreme Court- the Parliament was competent to amend the Indian Constitution including Part III- reiterated by the Court in the Sajjan Singh Case, 1965 o Golak Nath Case, 1967- Supreme Court declared that the Parliament cannot not amend any of the provisions contained in Part III- an amendment violating a Fundamental Right would be unconstitutional due to the provisions contained in Art. 13(2) o 1967- introduction of a Bill to amend Art.368 o Fifth General Elections- overwhelming victory of the Government- passage of the Constitution (24th Amendment) Act- restoring the lost power- However, basic structure cannot be modified

  7. IMPORTANT AMENDMENTS o FIRST Constitutional Amendment 1951- Inclusion of the Ninth Schedule-bridle the difficulties result ons regarding Fundamental R Acts that cannot be challenged by the Courts ing from the Supreme Courts decisi ights- inclusion of certain o FOURTH Constitutional Amendment 1995- upturning the Court's order for a just compensation in the Bela Baneriee Case- compensation would be given only in cases of compulsory acquisition and the Courts cannot challenge the sufficiency of the compensation- it also enlarged the Ninth Schedule- the State was made competent to nationalise any trade

  8. IMPORTANT AMENDMENTS o TWENTY FOURTH Constitutional Amendment 1971: Insertion of a clause in Art, 13-clause (4)- Nothing in this article shall apply to any amendment of this Constitution made under Article 368" > Insertion of a clause before (92)-Parliament may amend any part of the Constitution "by way of addition, variation or repeal" > Modification of clause (2) from "it shall be presented to the President for his assent and upon such assent bein " to "who shall give his assent" ve nis assent

  9. IMPORTANT AMENDMENTS o FORTY SECOND Constitutional Amendment 1976: most comprehensive Introduction of the words "SOCIALIST", "SECULAR , AND INTEGRITY" in the Preamble > Incorporation of the Fundamental Duties- Part IV-A > Primacy to Directive Principles over Fundamental Rights > Obligation of the President to act on the advice of the Council of Ministers relations, Emergency Provisions Fifth, Thirty Eighth, Forty Fourth, Fifty Second, Sixty First, OTHER CHANGES: Parliament, Union Judiciary, CAG, Federal OTHER IMPORTANT AMENDMENTS: Eighth, Ninth, Twenty Seventy Third, Seventy Fourth