explain the methods of amendments of the Indian constitution in 300 words.
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explain the methods of amendments of the Indian constitution in 300 words.
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Answer:
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.
However, there is another limitation imposed on the amending power of the constitution of India, which developed during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment, the most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala. (Article 300A- RIGHT TO PROPERTY)
Answer:
There are three ways in which the Constitution can be amended: Amendment by simple majority of the Parliament. Amendment by special majority of the Parliament. Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures.The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislaturesThere are three types of amendments to the Constitution of India of which second and third type of amendments are governed by Article 368. The first type of amendments includes that can be passed by "simple majority" in each house of the Parliament of India.