Constitutional Amendments
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Presented by Dr, Roman SainiConstitutional Amendments
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document like law, contract, constitution
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* Flexibility, adjusting to changing conditions and needs
* Britain: Extremely easy, Uncodified or "unwritten" constitution
* USA: Extremely hard
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* USA: Extremely hard to amend the constitution
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* 27 in 226 years (4 still open, 2 failed after passed by Congress); out of
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* 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-
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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
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* Anational convention, called by Congress, when 2/3rd state legislatures apply
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time period—if any; OR
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+ 15th CAA: No denial of right to vote on base of race or color
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+ 22th CAA : Max 10 years prez (2 elections only)
ed MIN CU oa 1c)Amendments in Indian context
+ 99/121 in 65 years
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+ Simple majority: like ordinary legislatures (50%+1) Not under purview of Art.
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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
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Jammu and Kashmir, Karnataka, Maharashtra, Telangana,and Uttar Pradesh ;
Assam, Rajasthan cleared by Parliament
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* Elections to Parliament and state legislatures, Delimitation of constituencies,
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+ Use of official language, Citizenship: acquisition and termination.OBS) Cir MU] CMU OMe) acco ule Re Lec Ceca]
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+ SM +15 States : Federal provisions. No time limit + Non-action means nothing if
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* process of election of the President
* Higher courts (HCs and SC), 7th schedule listsPNIGESloom 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 obviouslyProcedure 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 actEIEN m ing is must, if dead-end or hit road block, NO joint
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* 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 amendedCalera
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* Introduction only in parliament not in state except for creation of LC (parl may
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* Majority of CAA, no need of states, that too only 15/29, In USA, every CAA
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* As solid and permanent as it should be, but not more, as itis a living, vital, vibrant and
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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
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* KC Wheare, ‘This variety in the amending process is wise but rarely found”