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Legopedia

How is Indian Law Amended

An amendment is a formal or authoritative change made to any existing law, contract or constitution. There is a regular amendment in the Indian Constitution i.e. when individuals alter their opinions about what the administration ought to do. Amendment meaning is simple and can be understood as Changes which can be or ought to be made to existing constitution and statutes. Likewise, they are usually made to several sections through a governing body. For a chance to be made, 66% of the individuals from each house must support it, and three-fourths of the states must approve it.

So far 101 amendments have been made. The earliest amendment being implemented in 1951 under the Prime Ministership of Jawaharlal Nehru and the latest one being the alteration made to present GST under the rule of Prime Minister Narendra Modi. The First Amendment Act revised Article 15, Article 19, Article 85, Article 87, Article 174, Article 176, Article 341, Article  342, Article 372 and Article 376.  It also added articles 31A and 31B.

It embedded Ninth Schedule to the Constitution that constitutional amendments are essential to ensure that the land change and different laws are regularly introduced in it from time to time surveys.

The Constitution of India sets out the system on which India is run. The Constitution pronounces India to be a democratic vote based republic, guaranteeing its citizens of equity, justice, and freedom.

The amendment of articles can be classified as rigid as well as flexible. A rigid system of the amendment means that it is hard to revise the constitution like that of the U.S., Australia, etc. The flexible amendments mean that it is easy to change the requirements. Be that as it may, in the Indian Constitution, however, the methodology is considered rigid yet it has been an adaptable constitution catering to the needs of the country as and when required.

In India, Article 368 gives the authority of amendment. The strategy to be followed in India is not entirely rigid and flexible rather it is an amendment which can be proposed in both the Houses. In India every single established and required amendments can be for the most part effectuated by a Special Majority, i.e., it must be passed by both the houses, with over half of the aggregate number of individuals alongside 66% of individuals present and voting. The 42nd amendment is amongst the most important amendments in the Indian Constitution.

Arrangements for amendment of the constitution is made with a view to defeat the challenges which may be experienced in the future in the working of the constitution. The time isn’t static, it keeps on changing. The social, financial and political issues of the general population continue to change so the protected law of the nation should likewise be changed altogether. This should be done with the view of evolving needs and the changing existence of the general population.

The system of the change in the constitution is set down in Part 20 of Article 368 of the Constitution of India. This strategy guarantees the sacredness of the Constitution of India and keeps a check on the capricious intensity of the Parliament of India. Article 368 also gives authoritative power to the Parliament of India to rectify and amend any article as per the requirement with proper procedures.

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by ashish padhy

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