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The Constitution spells out governmental powers with so much detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As a result, the Constitution is amended roughly twice a year. There are three types of amendments to the Constitution of India of which the second and third ...
The following is the full text of Article 368 of the Constitution, which governs constitutional amendments. New clauses 368 (1) and 368 (3) were added by the 24th Amendment in 1971, which also added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368."
Judicial review was adopted by the constitution of India from judicial review in the United States. [70] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13:
Thirteenth Amendment to the United States Constitution, which abolished slavery and involuntary servitude, except as punishment for a crime; Thirteenth Amendment of the Constitution of India, established the Indian state of Nagaland; Thirteenth Amendment of the Constitution of Ireland, which specified that the prohibition on abortion would not ...
This was done by amending articles 13 and 368 to exclude amendments made under article 368, from article 13's prohibition of any law abridging or taking away any of the Fundamental Rights. [12] Chief Justice Koka Subba Rao writing for the majority held that: A law to amend the constitution is a law for the purposes of Article 13.
The word 'amendment' occurring in Article 368 must therefore be construed in such a manner as to preserve the power of the Parliament to amend the Constitution, but not so as to result in damaging or destroying the structure and identity of the Constitution. There was thus an implied limitation on the amending power which prevented the ...
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution.
Thirty-eighth Amendment to the Indian Constitution. ... Add links. Article; Talk; English. Read; Edit; View history ... Text is available under the Creative Commons ...