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The 42nd Amendment is regarded as the most controversial constitutional amendment in history. [2] It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread ...
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 phrase Emergency period used loosely, when referring to the political history of India, often refers to this third and the most controversial of the three occasions. In 1978, the Forty-fourth Amendment of the Constitution of India , substituted the words "armed rebellion" for "internal disturbance" in Article 352, making the term more ...
Judicial review was adopted by the constitution of India from judicial review in the United States. [71] 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:
Despite the super majority requirement in the Constitution, it is one of the most frequently amended governing documents in the world, and the most amended national constitution in the world; [12] amendments have averaged about two a year. This is partly because the Constitution is so specific in spelling out government powers that amendments ...
The ruling can lead to deprivation of all woman in India the fundamental rights within the constitution as it places higher importance to religious laws over equality laws. [77] Personal law discrimination was, on the other hand, positively recognised in the case of Amina , here the court noted that Muslim personal law is discriminatory towards ...
Laws inconsistent with or in derogation of the fundamental rights. (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
The 7th schedule of Indian constitution places religious institutions, charities and trusts into so-called Concurrent List, which means that both the central government of India, and various state governments in India can make their own laws about religious institutions, charities and trusts.