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The Indian Constitution is the most amended national constitution in the world. [3] 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.
The state argued that the 105th Amendment was only clarifying the 102nd Amendment, and so it had retrospective effect. [17] The Supreme Court disagreed, an amendment would not be considered retrospective unless it explicitly said so. The text of the 105th Amendment has no indication that it is retrospective.
The Ninety-fifth Amendment of the Constitution of India, officially known as The Constitution (Ninety-fifth Amendment) Act, 2009, extended the period of reservation of seats for the Scheduled Castes and Scheduled Tribes and representation of the Anglo-Indians in the Lok Sabha and the State Legislative Assemblies for another ten years, i.e. up to 26 January 2020.
The constitution was drawn from a number of sources. Mindful of India's needs and conditions, its framers borrowed features of previous legislation such as the Government of India Act 1858, the Indian Councils Acts of 1861, 1892 and 1909, the Government of India Acts 1919 and 1935, and the Indian Independence Act 1947.
The Official Language Act provides that the Union government shall use both Hindi and English in most administrative documents that are intended for the public, though the Union government is required by law to promote the use of Hindi [12]: 3(3) names, among others, resolutions, general orders, rules, notifications, administrative or other ...
The Supreme Court first struck down a constitutional amendment in 1967, ruling in the case of I.C. Golak Nath and Ors. vs. State of Punjab and Anr. An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]".
The implementation of the Women's Reservation Bill, also known as the Constitution 108th Amendment Bill of 2008, is imperative for contemporary Indian society. [9] This legislation has encountered six unsuccessful attempts to get cleared since its initial introduction in 1996.
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 ...