Friday, January 20, 2012

What is the validity of constitutional amendments in india and how made why legislation is lethargy in passing?

1.Constitutional Amendments in India are fully Valid. Because such Amendments can be made only as per the procedure which is laid out in Article 368 of the Indian Constitution..



Amendments to the constitution are made by the Parliament.

An amendment bill must be passed by both the Houses of the Parliament by a super-majority consisting of 2/3rd of the members present and voting, and half of the total membership of the House.

In addition to this, certain amendments which pertain to the federal nature of the Constitution must be ratified by a majority of state legislatures.



Till September 2010, there have been 108 amendment bills presented in the Parliament, out of which 94 have been passed to become Amendment Acts.

Most of these amendments address issues dealt with by statute in other democracies.

However, the constitution is so specific in spelling out government powers that many of these issues must be addressed by constitutional amendment.

As a result, the document is amended roughly twice a year.



The Supreme Court has ruled that not every constitutional amendment is permissible. An amendment must respect the "basic structure" of the constitution, which is immutable.



2.Lethargic-You cannot say so. Amendment takes time, because it has to be

a) Drafted,

b) Put in Rajya Sabha. Debated, Discussed and then Passed.

c) Then it is put in Lok Sabh. Again it is debated and discussed here. It may take longer , before the members agree on voting in favor.

d) Then it is converted into Bill.

In many cases the opinion of the Supreme court has to be sought.

Government cannot just make an amendment itself.

This is a high level Democratic Procedure.What is the validity of constitutional amendments in india and how made why legislation is lethargy in passing?Sorry, but this makes no sense.

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