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The provisions relating tto fundamental Rights in the Constitution of India
- a)Cannot be amended.
- b)Can be amended by a simple majority
- c)Can be amended by a simple majority in Parliament.
- d)Can be amended by two-thirds majority of members present and voting in Parliament and ratified by majority of the Stat Legislatures.
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
The provisions relating tto fundamental Rights in the Constitution of ...
Provisions for Fundamental Rights in the Constitution of India
The Constitution of India provides for a set of Fundamental Rights that are considered essential for the protection of individual liberties and freedoms. These rights are enshrined in Part III of the Constitution, which includes Articles 12 to 35.
Can the Fundamental Rights be amended?
The Fundamental Rights can be amended by the Parliament of India, but not without certain limitations and conditions. The Constitution lays down two methods for amending the Fundamental Rights:
1. Simple Majority: The Fundamental Rights can be amended by a simple majority of the members present and voting in both houses of the Parliament.
2. Special Majority: The Fundamental Rights can also be amended by a special majority of two-thirds of the members present and voting in both houses of the Parliament. In addition, the amendment must be ratified by a majority of the State Legislatures.
It is important to note that the Parliament cannot amend the Fundamental Rights in a way that takes away or abridges the rights guaranteed by them. Any such amendment would be deemed as ultra vires or unconstitutional by the judiciary.
Conclusion
In conclusion, the provisions relating to Fundamental Rights in the Constitution of India can be amended by a simple majority in the Parliament. However, any such amendment must not take away or abridge the rights guaranteed by the Fundamental Rights. The Constitution provides for a balance of power between the legislature, executive, and judiciary, ensuring that the rights of individuals are protected and preserved.
The Constitution of India provides for a set of Fundamental Rights that are considered essential for the protection of individual liberties and freedoms. These rights are enshrined in Part III of the Constitution, which includes Articles 12 to 35.
Can the Fundamental Rights be amended?
The Fundamental Rights can be amended by the Parliament of India, but not without certain limitations and conditions. The Constitution lays down two methods for amending the Fundamental Rights:
1. Simple Majority: The Fundamental Rights can be amended by a simple majority of the members present and voting in both houses of the Parliament.
2. Special Majority: The Fundamental Rights can also be amended by a special majority of two-thirds of the members present and voting in both houses of the Parliament. In addition, the amendment must be ratified by a majority of the State Legislatures.
It is important to note that the Parliament cannot amend the Fundamental Rights in a way that takes away or abridges the rights guaranteed by them. Any such amendment would be deemed as ultra vires or unconstitutional by the judiciary.
Conclusion
In conclusion, the provisions relating to Fundamental Rights in the Constitution of India can be amended by a simple majority in the Parliament. However, any such amendment must not take away or abridge the rights guaranteed by the Fundamental Rights. The Constitution provides for a balance of power between the legislature, executive, and judiciary, ensuring that the rights of individuals are protected and preserved.
Community Answer
The provisions relating tto fundamental Rights in the Constitution of ...
I think special majority & in case it effects states then ratified by half of states with simple majority
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The provisions relating tto fundamental Rights in the Constitution of Indiaa)Cannot be amended.b)Can be amended by a simple majorityc)Can be amended by a simple majority in Parliament.d)Can be amended by two-thirds majority of members present and voting in Parliament and ratified by majority of the Stat Legislatures.Correct answer is option 'C'. Can you explain this answer?
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