CONSTITUTIONAL AMENDMENTS-VALIDITY AND LIMITATIONS: INDIAN PERSPECTIVE
Keywords:
Amendments, parliament, powers of amendmentAbstract
The legislature has the power to amend the Constitution. However, this power is confined within the purview of validity and limitations of Constitutional provisions. The power to amend the Constitution is a legislative process and within legislative power of parliament and state legislatures. Indian Constitution makers have included extreme flexi-bile/formal and rigid/informal provisions in Article 368 to meet the growing need of society. The amendment procedure falls under three categories like a simple majority (required for the passing of an ordinary law and it specifically excluded from the purview of Article 368), a special majority (as laid down in Article 368(2)),and in addition to the special majority (as ratification by resolution passed by not less than one-half of the state legislature). The present paper examines the broad contours of the basic structure/features which balance (AIR 1973 SC 1461) the supremacy of parliament (AIR 1951 SC 455) and the judicial (AIR 1971 SC 1643) power of judicial review.
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