Know The Law
WHAT IS AN AMENDMENT?
The amendment is an official or formal amendment made to a law, Constitution, contract, or any legal documents. It is mainly for change for the better. It can add, remove or update. It is only made when we want to change something for betterment than writing a new one.
Amendment applied to a contract or Constitution of a country. The amendment can add, remove and change words. Generally, the amendment is a minor addition or change designed to improve a piece of legislation. In the Constitution, amendments are made to enhance or revise original content.
How is the Constitution Amended?
There are two ways first one is an amendment can be ratified when two-third of the house approves a proposal and transfers it to the state for a vote, and then three fourth of the state must approve the proposed amendment. another method is a constitutional convention which is called by two-third of the Legislature of the states; if a convention is proposed, then it must be approved by three fourth of the states
Landmark amendments
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First Amendment Act of 1951
First Amendment Act 1951 this amendment was made to solve some practical constraints arising due to the Kameshwar Singh case, which was related to zamindari land and stay trade Monopoly, Ramesh Thakur case, which was related to freedom of speech.
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Judgement
The decision of the Supreme Court of India in the state should start some arrangement to promote socially and economically disadvantaged classes.
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24th Amendment Act of 1971.
It is based on whether any amendment takes away the right under part 3 of the Constitution. In the Golaknath case, Golaknath filed a petition under 32 opposing the validity of legislation. This issue was whether our Parliament has the power to amend the fundamental rights under part III or not.
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Judgment
The Supreme Court denied the power of Parliament, and after that following changes were added to the Constitution
* It Affirmed Parliament's authority to amend any part of the Constitution
* It rendered that the president must approve an amendments bill to qualify as an act
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39th amendment act 1975
This amendment was brought after the Raj Narain case against Indira Gandhi. It was the landmark case that created history.
In the 1971 Lok Sabha general election, Raj Narain was a contestant against Indira Gandhi. Indira Gandhi won the election, and after that, Raj Narain filed a petition about malpractice in the election. Indira Gandhi was found guilty of misusing state machinery. By this judgment, Indira Gandhi went to the supreme court. The court decided that she can not serve as nation prime minister and she can not run in an election for another six years.
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Judgment
The Supreme Court went against her and rendered her election to Lok sabha.SC granted conditional stay, But the president passed the 39th amendments act. After these amendments, India had a national emergency for two years. The modifications made it inexcusable in court to elect the president, vice president and speaker of Lok sabha.
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