What is Amendment of Laws?
Historical Background
Key Points
8 points- 1.
Legislative Process: Amendments are typically initiated through a bill introduced in either house of the legislature.
- 2.
Parliamentary Scrutiny: Bills are debated and scrutinized by parliamentary committees before being passed.
- 3.
Voting Requirements: Amendments usually require a simple majority or a special majority depending on the nature of the law.
- 4.
Presidential Assent: Once passed by the legislature, the amendment requires the assent of the President or Governor to become law.
- 5.
Judicial Review: Amendments are subject to judicial review to ensure they are consistent with the Constitution.
- 6.
Sunset Clauses: Some amendments may include sunset clauses, specifying a date on which they will expire.
- 7.
Ordinances: In certain circumstances, the executive can issue ordinances that have the force of law, but these must be approved by the legislature within a specified period.
- 8.
Constitutional Amendments: Amendments to the Constitution require a special majority in both houses of Parliament and ratification by a majority of state legislatures in some cases.
Visual Insights
Amendment of Laws: Ordinary vs. Constitutional
Compares the process and requirements for amending ordinary laws and the Constitution in India.
| Feature | Ordinary Laws | Constitutional Amendments |
|---|---|---|
| Initiation | Bill in either House of Parliament/State Legislature | Bill in either House of Parliament |
| Majority Required | Simple Majority | Special Majority (2/3rd) + Ratification by States (in some cases) |
| Article | Relevant articles pertaining to legislative powers | Article 368 |
| Judicial Review | Subject to judicial review | Subject to judicial review |
| Scope | Limited to specific provisions of the law | Can alter the basic structure of the Constitution (subject to judicial review) |
Recent Developments
5 developmentsFrequent amendments to various laws to address emerging challenges and policy priorities.
Debate on the scope and limits of the power to amend the Constitution.
Concerns about the potential for amendments to undermine fundamental rights or the basic structure of the Constitution.
Increased use of ordinances to enact urgent legislation.
Role of parliamentary committees in scrutinizing and improving amendment bills.