This check and balance prevent majoritarian overreach and protect the fundamental rights of citizens against transient political whims. This doctrine ensures that the soul of the constitution remains intact even as its letter changes.
Special Majority Amendment Requirements: Ensuring Constitutional Stability
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. These basic features include the supremacy of the constitution, republican and democratic forms of government, and the secular character of the nation.
The most common method requires a special majority in each house of Parliament, defined as a majority of the total membership and a majority of not less than two-thirds of the members present and voting. The ability to modify the supreme law is therefore not a weakness, but a testament to its foresight and durability.
Special Majority Amendment Requirements and Basic Structure Safeguards
The Supreme Court and High Courts exercise the power of judicial review to scrutinize the validity of constitutional amendments. The procedure ensures that evolution is deliberate and inclusive, requiring broad-based support rather than transient majorities.
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