The Supreme Court and High Courts exercise the power of judicial review to scrutinize the validity of constitutional amendments. For certain critical provisions, such as those affecting federal structure or fundamental rights, this parliamentary process is supplemented by the requirement of ratification by at least half of the State Legislatures.
Future Challenges in Constitutional Amendment: Navigating Legal and Political Hurdles
Some amendments require only a simple majority, similar to ordinary legislation, for procedural or administrative tweaks. Basic Structure Doctrine Perhaps the most significant constraint on the amendment of Indian constitution is the Basic Structure Doctrine, established by the Supreme Court in the landmark Kesavananda Bharati case.
This check and balance prevent majoritarian overreach and protect the fundamental rights of citizens against transient political whims. This process ensures the document remains relevant across diverse socio-political landscapes while preserving the core philosophy envisioned by its framers.
Navigating Future Hurdles in Constitutional Amendment Endeavors
This doctrine ensures that the soul of the constitution remains intact even as its letter changes. Others demand a special majority to alter the balance of power or governance.
More About Amendment of indian constitution
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