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Constitutional developments since independence

Material type: TextTextPublication details: Bombay; N.M. Tripathi; 1975Description: 691 pSubject(s): DDC classification:
  • 342.03 CON
Summary: In its almost forty years of working, the Indian Constitution has been amended many times. The first amendment was enacted just after fifteen months of its working to sort out certain difficulties brought to light by judicial decisions. The latest amendment bills avowedly purported to take democracy to grassroots, to the strengthening of the local-self government, the Panchayats and municipalities. In 1988, by the 61st Amendment voting age has been reduced to 18 years. In between we had the controversial 42nd Amendment and the 43rd & 44th Amendments which attempted to undo the distortions made by the 42nd, and the anti-defection, the 52nd Amendment. The amending power and process under the Indian Constitution are unique in more than one respect. Certain provisions of our Constitution can be amended by a simple majority vote of Parliament, but the Constitu tion refuses to call them amendments. Thus, when new States are established or admitted or boundaries and names of existing States are changed, Article 4(2) says that such laws "shall not be deemed," as amendment of the Constitu tion. Some provisions of the Constitution can be amended by a majority of the total member ship of each House of Parliament and by a majority of not less than two-thirds of the members of each House present and voting. Some amendments, in addition to the special majority-vote, require ratification by half of the States. The present book is an attempt to examine critically the amending power and process as laid down in the Indian Constitution in the light of our Constitutional developments and distortions. The first four Chapters of this work Ideal with this theme. The fifth Chapter is devoted to the topic-wise survey of all the amendments from first to the latest amend ment-including the controversial 64th and 65th amendment bills. The primary purpose of the work is to inform the reader of our amendment making process and power; topic-wise treatment of amendments helps the reader to locate the amendment on any area that he wants to know; and the text of amendments and "objects and reasons" behind them, helps him to know the exact text and the objective of the amendment. This outstanding and timely book by consti tutional experts is a must for all jurists and advocates; legislators and publicmen; and all teachers, scholars and students of law, consti tution, political science, public administration, etc.
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In its almost forty years of working, the Indian Constitution has been amended many times. The first amendment was enacted just after fifteen months of its working to sort out certain difficulties brought to light by judicial decisions. The latest amendment bills avowedly purported to take democracy to grassroots, to the strengthening of the local-self government, the Panchayats and municipalities. In 1988, by the 61st Amendment voting age has been reduced to 18 years. In between we had the controversial 42nd Amendment and the 43rd & 44th Amendments which attempted to undo the distortions made by the 42nd, and the anti-defection, the 52nd Amendment.

The amending power and process under the Indian Constitution are unique in more than one respect. Certain provisions of our Constitution can be amended by a simple majority vote of Parliament, but the Constitu tion refuses to call them amendments. Thus, when new States are established or admitted or boundaries and names of existing States are changed, Article 4(2) says that such laws "shall not be deemed," as amendment of the Constitu tion. Some provisions of the Constitution can be amended by a majority of the total member ship of each House of Parliament and by a majority of not less than two-thirds of the members of each House present and voting. Some amendments, in addition to the special majority-vote, require ratification by half of the States.

The present book is an attempt to examine critically the amending power and process as laid down in the Indian Constitution in the light of our Constitutional developments and distortions. The first four Chapters of this work Ideal with this theme. The fifth Chapter is devoted to the topic-wise survey of all the amendments from first to the latest amend ment-including the controversial 64th and 65th amendment bills. The primary purpose of the work is to inform the reader of our amendment making process and power; topic-wise treatment of amendments helps the reader to locate the amendment on any area that he wants to know; and the text of amendments and "objects and reasons" behind them, helps him to know the exact text and the objective of the amendment.

This outstanding and timely book by consti tutional experts is a must for all jurists and advocates; legislators and publicmen; and all teachers, scholars and students of law, consti tution, political science, public administration, etc.

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