Download e-book Constitutional Amendments: Outline of A New Constitution of India

Free download. Book file PDF easily for everyone and every device. You can download and read online Constitutional Amendments: Outline of A New Constitution of India file PDF Book only if you are registered here. And also you can download or read online all Book PDF file that related with Constitutional Amendments: Outline of A New Constitution of India book. Happy reading Constitutional Amendments: Outline of A New Constitution of India Bookeveryone. Download file Free Book PDF Constitutional Amendments: Outline of A New Constitution of India at Complete PDF Library. This Book have some digital formats such us :paperbook, ebook, kindle, epub, fb2 and another formats. Here is The CompletePDF Book Library. It's free to register here to get Book file PDF Constitutional Amendments: Outline of A New Constitution of India Pocket Guide.
Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the.
Table of contents

Related Stories

Hari Singh then appointed Sheikh Abdullah as his prime minister on 5 March Through the March proclamation, Hari Singh also directed that a constitution be framed for his state with adequate safeguards to minorities. Hindus were in minority in his state. It is a myth that the Congress party was too soft on the issue of Kashmir.

The BJP, on the other hand, was more accommodating. During the tenure of these governments, the idea of abrogation of Article was conveniently forgotten. The question of a plebiscite in Kashmir also keeps coming up in any discussion on Kashmir. Some people blame Jawaharlal Nehru for agreeing to a plebiscite.

India took such a stand as in a few princely states the rulers were Muslims but the majority of subjects of those princely state were Hindus, while in others, like Kashmir, the rulers were Hindus but a large majority of people living in such princely states were Muslims. Thus, India regarded accession as purely temporary and provisional.

Gopalaswami Ayyangar who drafted Article , wrote.

Constitution of India - Wikipedia

Patel on the other hand was more interested in getting Hyderabad. The BJP, of course, conveniently suppresses this historical fact. The Instrument of Accession eventually had to be made part of the Constitution of India so that the powers of the Government of India and Parliament vis-a-vis Kashmir are clearly delineated. The Constituent Assembly of Kashmir decided in its wisdom and rightly so to retain it. The original draft of Article was given by the Government of Jammu and Kashmir.

Gopalaswami Ayyangar, member of the Assembly moved the motion. Article is thus a tunnel through which the Constitution of India is applied in Kashmir. There is a huge difference between consultation and concurrence. In the former, discussions would suffice but in the latter acceptance by the other party, i.

The Constitution of India

The Narendra Modi government itself said in in a written reply in Parliament that there was no proposal to remove Article The Delhi High Court in Kumari Vijayalaxmi rejected a petition arguing that Article was temporary and its continuation a fraud on the Constitution. The Supreme Court has refused to accept that Article is temporary in nature. Thus, Article is a permanent provision. If it is a permanent feature of our Constitution then it cannot be amended and thus can be said to be the part of the basic structure.

Under Article , Parliament can amend any provision of the Constitution but as per the Keshvanand Bharti judgment, no constitutional amendment can either destroy the Constitution or alter its basic features. Interestingly, those opposed to Article make contradictory arguments-. On the one hand, they argue it was a temporary provision and therefore is no more valid or needed. On the other, they continue to justify repeated use of Article by the Government of India. The Supreme Court has the power to interpret words used in the Constitution. In fact its decisions under Article are considered binding law.

It even held that the right to privacy is implicit in Article English, for instance, was temporarily permitted as the language of governmental work. Jammu and Kashmir is not the only state, which has a special status accorded to it in the Constitution. Under Article A, Nagaland has special status and no Act of Parliament is automatically extended to Nagaland unless its legislative assembly so decides in matters of the religious or social practices of the Nagas, Naga customary law and practices, ownership and transfer of land and its resources.

Even the administration of civil and criminal justice of Nagas is exempt from Indian laws.

Section 2: The House of Representatives

Moreover, we have another level of autonomy in Nagaland under which even the Acts passed by the state legislative assembly do not extend to Tuensang District of Nagaland. There has to be a Minister of Tuensang Affairs. Thus, there can be autonomy to even certain districts within a state.

Those who think of all states as having just one kind of relationship with the centre are neither aware of Indian diversity nor have they read various provisions of Article A to I as applicable to states other than Jammu and Kashmir.


  1. The Evolution Cahmber (Evolution Series Book 1)!
  2. Constitutional Amendments - How is the Constitution amended??
  3. Hot Prospect (Mills & Boon Temptation);
  4. The Bill of Rights (article) | Khan Academy.
  5. Agent Of Destruction?
  6. The Authority Guide to Pitching Your Business: How to make an impact and be remembered – in under a minute! (The Authority Guides Book 17)?

Similarly, there is a special status for Maharashtra and Gujarat in Article Under this provision, the President may provide for special responsibilities to the governors of the two states for establishing separate boards for Vidarbha and Marathwada in Maharashtra , and Saurashtra and Kutch in Gujarat , and equitable distribution of funds to these areas.

There are special provisions for many other states as well like Assam Art. As an asymmetric federal polity, our Constitution gives varying degrees of autonomy to different states. Moreover, the Fifth and Sixth Schedules also give a lot of autonomy to certain areas. Article 3 can certainly be deleted by a presidential order, but due to the proviso given in this clause such an order is to be preceded by the recommendation of the Constituent Assembly of Jammu and Kashmir. Since the assembly was dissolved on 26 January , one view is that Article 3 cannot be deleted and has acquired a permanent status.

The Constituent Assembly of Jammu and Kashmir was convened on 31 October and after adopting the Jammu and Kashmir Constitution a decision was taken to dissolve it from 26 January The other view is that Article 3 can probably be deleted with the concurrence of the state legislative assembly, which today represents the will of the people through the elected representatives. If we can create an atmosphere of trust between the Kashmir Valley and New Delhi, people may on their own agree to the deletion of Article Winning the hearts of the people should be the first step.

Over time the frequent use of presidential orders — allowed under Article — to extend the writ of the centre to Jammu and Kashmir has considerably weakened this special provision in the Constitution. India has used Article more than 45 times to extend provisions of the Constitution to Jammu and Kashmir. Even President Rajendra Prasad was not very happy about the frequent use of Article and he wrote a letter to Nehru on 6 September specifically saying that executive powers should not be used in this manner.

As a matter of fact, by the use of mere presidential orders we have almost nullified the effect of the special constitutional status of Jammu and Kashmir. By the Presidential Order of , almost the entire Constitution including most constitutional amendments was extended to Jammu and Kashmir.

Ninety-four out of 97 entries of the Union List are today applicable to Jammu and Kashmir. Thus, on 94 subjects Parliament already has the exclusive power to pass laws that will be applicable to Kashmir just like any other state. Two hundred and sixty out of Articles of the Constitution have been extended to the state. Similarly of the 12 Schedules of the Constitution of India, seven have already been extended to Jammu and Kashmir.

Even while the core of Article has been eroded, it does of course does have huge sentimental value for the people of Jammu and Kashmir who would view its abrogation with a great deal of unhappiness. Article had a limited mandate to extend the applicability of the Constitution of India to Jammu and Kashmir. To change the provision in the Jammu and Kashmir Constitution of the governor being elected by the state assembly, Article was used to convert the position into a nominee of the President.

In fact, ideally, the governor of each state should be elected by the legislative assembly of the state.


  • Constitutional law outline pdf.
  • Captain Marvel [Captain Marvel Adventures] v1 #3.
  • Veer Shivaji;
  • Section 1: Congress;

    • If he is to be nominated by the centre, the concurrence of the chief minister should always be taken. We achieved the same result in Jammu and Kashmir just by invoking Article without any need to amend the Constitution. Similarly Article , i. It was done just on the recommendation of the then Governor Jagmohan. There is hardly anything in Article today except the shell. In fact, decades ago Gulzarilal Nanda, the then Union Home Minister, had said it had been almost completely emptied.

    It is more useful for the central government today than for the people of Jammu and Kashmir. Article 3 of the Jammu and Kashmir Constitution itself declares the state to be an integral part of India. It makes no claim to independent citizenship. It may be worthwhile to mention here that in the US, there is a concept of dual citizenship, i. Moreover, the US Congress has been given just a few enumerated powers listed in Article 1, Section 8.

    Other than these powers, all powers and residuary powers are with the provinces or states.

    Bills Parliament

    The dual citizenship and great autonomy to the states has not in any way affected the integrity of the US. Thus every person who was a state subject of Class I or Class II or who after having acquired immovable property in the state and had been ordinarily residing there for a period of not less than ten years prior to enforcement of this provision, was considered a permanent resident under the Jammu and Kashmir Constitution. Article 35A gives certain benefits to the permanent residents of Kashmir such as in employment in the state government, acquisition of immovable property, settlement in the state and scholarships and other government aid.

    This was just the continuation of pre-existing laws so that the benefits to which residents of the erstwhile princely state were entitled were not withdrawn with Kashmir joining the Indian Union. Such an exemption from fundamental rights is also there in our Constitution in the form of Article 31B. Thus any law that is included in the IXth Schedule cannot be challenged on the ground that it violates fundamental rights. A majority of each house shall constitute a quorum to do business.

    Each house shall determine the rules of its own proceedings, and be the judge of the elections, returns and qualifications of its own members; shall choose its own officers; and the senate shall choose a temporary president and the assembly shall choose a speaker.