IAS (Admin.) Mains Law Constitutional and Administrative Law-The Distinctive Features of the Constitution Study Material (Page 19 of 38)

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Amendment of the Constitution and Doctrine of Basic Structure: Constitutional Amendments in India, Amending Power of Parliament

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  • Constitution under Article 368 provides the amending power of the Constitution. According to Oxford dictionary of law amendment means changes made to legislation for the purpose of adding to, correcting or modifying the operation of the legislation.
  • It was the Kesavananda case which defines amendment in a broader sense as including any alteration or change. The present module deals with the amending power and its procedure in Indian Constitution and also the basic structure Doctrine propounded by the Supreme Court of India.

Constitutional Amendments in India

  • Constitution provides three k…

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Amendment of the Constitution and Doctrine of Basic Structure: Emergence of Basic Structure Doctrine, Consolidation of Basic Structure Doctrine After Keshavananda, Basic Structure Debate

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Emergence of Basic Structure Doctrine

  • Parliament was not agree with the Golaknath case decision and therefore passed constitutional 24th Amendment Act 1971 which incorporated in you close to Article 368 that any constitutional provision would be amended by following the process procedure content in Article 368 constitution 26th Amendment Act 1971 introduced article 31 c which gave directive principle of State Policy precedence …

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