The amendment process is categorized into three distinct types based on the required level of consensus. Since its enactment on January 26, 1950, it has undergone numerous transformations through a series of formal amendments to adapt to the evolving socio-political landscape.
Balancing Constitutional Flexibility and Rigidity in India's Legal Framework
This was followed by the monumental 42nd Amendment Act of 1976, often referred to as the "Mini-Constitution," which was enacted during the Emergency period. The First Amendment Act of 1951, for instance, introduced the Ninth Schedule, thereby shielding certain laws from judicial review on the grounds of violating fundamental rights.
Furthermore, the 86th Amendment Act of 2002 made free and compulsory education for children aged 6 to 14 a fundamental right, while the 103rd Amendment provided for 10% reservation for economically weaker sections, demonstrating the Constitution's continued evolution to address contemporary inequalities. The Mechanism of Constitutional Change The procedure for altering the Constitution is delineated in Article 368, which provides the Parliament of India with the authority to amend the document.
Balancing Constitutional Flexibility and Rigidity in India's Amendment Framework
Features such as judicial review, secularism, federalism, and the sovereignty of the Parliament are generally considered integral to this basic structure, preventing the Parliament from exercising absolute supremacy. The Doctrine of Basic Structure A pivotal constraint on the amending power emerged from the landmark Kesavananda Bharati v.
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