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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. The main purpose of the amendments is to become more relevant.
The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting the twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution". The current limitation on amendments comes from Kesavananda Bharati vs.
The Constitution of India is the supreme legal document of India. [2] [3] The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national ...
The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain. This work is also in the public domain in the U.S.A. because it is an edict of a government , local or foreign.
The Court held that an amendment of the Constitution is a legislative process, and that an amendment under article 368 is "law" within the meaning of article 13 of the Constitution and therefore, if an amendment "takes away or abridges" a Fundamental Right conferred by Part III, it is void.
The Constitution (Ninety-second Amendment) Act, 2003, was introduced in the Lok Sabha on 18 August 2003, as the Constitution (One-hundredth Amendment) Bill, 2003 (Bill No. 63 of 2003). It was introduced by then Deputy Prime Minister Lal Krishna Advani and sought to amend the Eighth Schedule to the Constitution. [4]
B. R. Ambedkar, the principal architect of the Constitution, was opposed to declaring India's social and economic structure in the Constitution. During the Constituent Assembly debates on framing the Constitution in 1946, K.T. Shah proposed an amendment seeking to declare India as a "Secular, Federal, Socialist nation". In his opposition to the ...
The amendment also amended clause (1) of article 240 of the Constitution to include therein these territories in order to enable the President to "make regulations for the peace, progress and good government of the territory". The 12th Amendment retroactively came into effect on 20 December 1961, the day following the formal ceremony of ...