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Analysis Of The Procedure For Amendment Of The Constitution




Jahnavi Khattar, BA.LLB., Symbiosis Law School, Noida, Symbiosis International (Deemed University), Pune

INTRODUCTION

"The Constitution should not be so rigid that it cannot be amended to fit the changing needs of national growth and strength," said Pandit Jawahar Lal Nehru. The Indian Constitution was written with the possibility of change in mind.

The Constitution, sometimes referred to as the "common will" of the people, sets the state's stance and the power of its many institutions. It is not just the law that underpins everything in the nation; it is the living biological stuff from which laws are produced. Instead of leaving this crucial task only to the courts, the designers of the Indian Constitution devised Article 368 as a legislative process for authorising constitutional amendment.

Adopting a "simple method" to amending the Constitution was also politically important, since it assured that any popular demand to change the political system could be realised if it exceeded a particular threshold. All previous amendments paled in comparison to the passage of the 42nd Amendment Act, 19761, which demonstrated the importance of the Indian Constitution's amending power along with the ease with which extensive and significant provisions of our Constitution can be modified without the need for complex procedures.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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