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The Second Amendment of the Constitution of India, officially known as The Constitution (Second Amendment) Act, 1952, removed the upper population limit for a parliamentary constituency by amending Article 81(1)(b) of the Constitution. Article 81(1)(b) had stipulated that the number of members to be allotted to each parliamentary constituency ...
The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
Under the constitution of India, [1] exclusive jurisdiction for the Union and the State has been conferred regarding subject matters of legislation. This has been provided by Article 246, [2] which has demarcated the legislative jurisdiction of the Parliament of India and the state assemblies by outlining the different subjects under List I for the Union, List II for the State, and List III ...
Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power. Indeed, a limited amending power is one of the basic features of our Constitution and therefore, the limitations on that power can not be destroyed.
This implies that Parliament can only amend the constitution to the limit of its basic structure. The Supreme Court or a high court may declare the amendment null and void if this is violated, after a judicial review. This is typical of parliamentary governments, where the judiciary checks parliamentary power. In its 1967 Golak Nath v.
"Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power. Indeed, a limited amending power is one of the basic features of our Constitution and therefore, the limitations on that power can not be destroyed.
Minerva Mills Ltd. and Ors. v. Union Of India and Ors. (case number: Writ Petition (Civil) 356 of 1977; case citation: AIR 1980 SC 1789) [1] is a landmark decision of the Supreme Court of India [2] that applied and evolved the basic structure doctrine of the Constitution of India.
The Constitution (Ninety-second Amendment) Act, 2003, was introduced in the Lok Sabha on 18 August 2003, as the Constitution (One-hundredth Amendment) Bill, 2003 (Bill No. 63 of 2003). It was introduced by then Deputy Prime Minister Lal Krishna Advani and sought to amend the Eighth Schedule to the Constitution. [4]