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Question
Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?
a. Voters
b. President of India
c. State Legislatures
d. Parliament
e. Governors
f. Judiciary
Solution
(a) Voters are not involved in the amendment of the Indian Constitution.
(b) President of India is involved in the amendment of the Indian Constitution. When a Constitutional Amendment Bill is passed by the Parliament it is sent to the President. The Constitutional amendment bill becomes an act when it is signed by the President.
(c) State legislatures are involved in the amendment of the Indian Constitution. If an Amendment Bill is concerned with the article and the subjects are given in Article 368, it must be approved by fifty percent of the state Legislatures.
(d) Parliament: Without the involvement of Parliament no amendment is possible in the Indian Constitution. There are certain articles of the Constitution which can be amended by a simple majority of the Parliament. There are certain articles which can be amended by the Parliament by a two-third majority of the members present and voting.
(e) Governors have no role to play in the amendment of the Constitution except those amendments bills which are to be approved by the state legislature. Those Amendment bills are also signed by the Governor.
(f) Judiciary (Supreme Court) specifies the basic structure. If any amendment violates the basic structure of the Constitution, the Supreme Court can declare the amendment null and void.
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RELATED QUESTIONS
Write True / False against the following statement.
Elected representatives alone have the power to amend the Constitution.
Write True / False against the following statement.
The Parliament can amend any section of the Constitution.
Write True / False against the following statement.
The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
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b. The legislature can amend all parts of the Constitution except the basic structure.
c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.
d. This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.
e. This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.
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If amending power is with the elected representatives, the judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
