Amendment of the Constitution

Nehru if you make anything rigid & permanent you stop nations growth, the growth of a living, vital, organic people
Part XX, Ar-368 Can be introduced in either house of Parliament Most part by special majority amendment i.e. majority of membership and 2/3rd present and voting, some cases ratified by half by not less than half legislatures Mandatory for President to give assent

Amending Powers & Basic Features Important cases- Shankari Prasad Vs Union of India, Sajjan Singh Vs State of Rajasthan, Golak Nath Vs State of Punjab Until Golak Nath Case, amending power was not ordinary law, no limitation on Govt., Fundamental Rights can be easily amended In Golak Nath Case it was held that A.A. is just like any other law and Parliament could not take away F.R. , they are immutable In Kesavananda Bharati Vs State of Kerala over-ruled Golak Nath judgement and held that F.R. can be amended but subjected to Basic structure of Constitution, though this new concept remained an open question, and it was held that every word used in Constitution should be taken in normal connotation (common sense meaning)unless otherwise indicated 42nd A.A. made no limitation on amending power(4) and not subjected to judicial review(5) In Minerva Mills Vs Union of India, clause 4 & 5 held as a void Basis structure was reaffirmed in Indira Gandhi Vs Raj Narain case Basic Features of Constitution Supremacy of Constitution Republican & democratic form of govt. Secular character Separation of powers Federal character Rule of law Equality of status & opportunity Sovereignty Freedom of conscience Judicial Review Balance between FR & DP

Exceptions- Ar- 2,3,4, & 169 Classification of Amendment: 1. Minor, clarificatory or consequential amendments 2. Amendments to the property clause and restricting other F.R. or giving primacy to D.P. 3. Safeguarding the interests of the SCs, STs, & Minorities 4. Admission of new territories into the Union Notes- Ar- 7,42,44,73,& 74

Conclusion Our Constitutional founders never intended to restrict future generations to amend Constitution as per demands of the time. But some checks need to be there for arbitrary actions of Executive. Judiciary plays this role of checker but it too should not forget about its limitation and last but not the least a responsible role is expected from the legislature. A perfect balance between three organs is required for well being of our nation.