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Constitutional Amendments i" Presented by Dr, Roman Saini Constitutional Amendments PAULISTA CUNT Tee UL MOU IROL ue Ueto cme CORUNA document like law, contract, constitution Sar COCO) M OMT] oe: ILL) * Flexibility, adjusting to changing conditions and needs * Britain: Extremely easy, Uncodified or "unwritten" constitution * USA: Extremely hard aie Clullare Meme MUD cU CMa TUL) PaAdls/ALO IAA Tc/AlESHAU Loy \ * USA: Extremely hard to amend the constitution Bm Es ON 1c) LoseeUSH Ue MMS LLU * 27 in 226 years (4 still open, 2 failed after passed by Congress); out of PTA en ML CcmelL Meme] * Bill of rights functional by December 15, 1791, includes freedom of religion, press, speech, peaceably assembly; right to keep and bear arms; no unreasonable search, need of search warrant; due process, no self- TCM OUR Me OU eae ONAN MOR CRO MUNA ele iCKe ests) TSUN CACM MCR ONT Ree SMU (onc ‘Proposed amendment: sent to the states for ratification by either: * The United States Congress, (2/3rd majority in both the Senate and the House of Renee Mela * Anational convention, called by Congress, when 2/3rd state legislatures apply (Sn RCe} OD ee y MOM UMC OSLO NCO CHUN UUM UCU Cn) AelUse Ee CTUUTToM ACT) Berea ec MOMU creat ON LUN OSU RCs) ROA URC CN UMUC UI Cre time period—if any; OR o in three-fourths (presently 38) of the states, within the stipulated time period—if any SNe ORS UMN eaR)UNO TREO AMOS + 15th CAA: No denial of right to vote on base of race or color eae LV Maelo APALUMe aaNet + 22th CAA : Max 10 years prez (2 elections only) ed MIN CU oa 1c) Amendments in Indian context + 99/121 in 65 years Bey STOIC CH SRSUORS YoU We S oe eS + Simple majority: like ordinary legislatures (50%+1) Not under purview of Art. Ris Bea A Ae Uea COSMO m esc MOML RCS ae 3 (relating to formation of new States and alteration of areas, boundaries or names of existing States) leading to 1 and 4 schedule be amended and supplemental, incidental and consequential matters, shall not be deemed to MUON CK OMRON OM UTeNON esterKea lata sR os es SE eae mM Mee) CeCe CCS SICA Jammu and Kashmir, Karnataka, Maharashtra, Telangana,and Uttar Pradesh ; Assam, Rajasthan cleared by Parliament Pe-eR UM Rasen) IAC AM TCIM ASCCU CORI E IONE Uc A emma eSK} (terete CMAN ecm MUU U MICROCAR SURE We IE|0(y * Elections to Parliament and state legislatures, Delimitation of constituencies, URC st a ilecmem lv stem VeeCcsM ines CMCOL CHU MOMUecee VU (UKM UeRsl + Use of official language, Citizenship: acquisition and termination. OBS) Cir MU] CMU OMe) acco ule Re Lec Ceca] WS + SM +15 States : Federal provisions. No time limit + Non-action means nothing if MIClmad * process of election of the President * Higher courts (HCs and SC), 7th schedule lists PNIGESloom iON clt@AGA * Powers of Parliament to amend the Constitution and its procedure. + Parliament + constituent power + amend (addition, variation or repeal) + any provision of the Constitution + procedure. + No basic structure amendment obviously Procedure under 368 * Introduction in parliament only (LS or RS), by any MP (both ministers and private members), not in state legislature, No prior permission of prez * Special majority in each house : 50% plus 1 of total membership + 2/3rd or more of present and voting. * Max possible votes needed in LS: Theoretically 368 (552 (530 states+20 UT+2 Al) is max OSTA U MN OcScUe Clea PRL ke wa act EIEN m ing is must, if dead-end or hit road block, NO joint A 7 eee) * lf federal provisions are being amended: half states must ratify (15 earlier it was 14), with simple majority in their own legislature * Once both houses passes (+ 15 state if needed), presented to president * President has to compulsorily give his assent (24th CAA, 1971 made it obligatory), no withholding for pocket veto or returning is allowed * Once prez signs, it becomes an act and constiution stands amended Calera CANORS or Meee MSMR CHO MNe Aeon SUUON- eon nen COL US Veen Uene Assan * Introduction only in parliament not in state except for creation of LC (parl may SAE oN xem 19 e002) * Majority of CAA, no need of states, that too only 15/29, In USA, every CAA a ( - z - ——— Be COCCI RU RUL MMM CUccd CU Cmmie UM] * As solid and permanent as it should be, but not more, as itis a living, vital, vibrant and OE UMCR Ue me A CMAN MCCA CCI MOUNT Rr Ked inality and infallibility upon this Constitution by denying the people the right to amend the Constitution as in Canada or by making the amendment of the Constitution Subject to the fulfilment of extraordinary terms and conditions as in America or Australia, but has provided for a facile procedure for amending the Constitution’ * Granville Austin, ‘the amending process has proved itself one of the most ably conceived aspects of the Constitution. Although it appears complicated, it is merely Ss * KC Wheare, ‘This variety in the amending process is wise but rarely found”

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