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Consider the following statements:
1. Fundamental Rights can be amended by the parliament only through a constitutional amendment act.
2. Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.
1. Fundamental Rights can be amended by the parliament only through a constitutional amendment act.
2. Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Most Upvoted Answer
Consider the following statements:1. Fundamental Rights can be amended...
Statement 1: Fundamental Rights can be amended by the parliament only through a constitutional amendment act.
Statement 2: Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.
Explanation:
Statement 1: Fundamental Rights can be amended by the parliament only through a constitutional amendment act.
The Constitution of India guarantees certain fundamental rights to its citizens, which are considered as the cornerstone of democratic governance. These rights are enshrined in Part III of the Constitution and include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
Amending the Fundamental Rights is a serious matter as it directly impacts the rights and freedoms of the citizens. Therefore, any amendment to the Fundamental Rights can only be done through a constitutional amendment act. This act requires the approval of both houses of Parliament, i.e. Lok Sabha and Rajya Sabha, with a special majority.
Statement 2: Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.
The process of amending the Constitution involves the participation of both the Parliament and the state legislatures. According to Article 368 of the Constitution, a constitutional amendment can be initiated only by the Parliament and not by the state legislatures.
When it comes to amending the Fundamental Rights, it requires a special majority in both houses of Parliament. A special majority means that the amendment must be passed by a majority of the total membership of each house, as well as by a majority of not less than two-thirds of the members present and voting. This ensures that any amendment to the Fundamental Rights is not passed easily and requires substantial support from the members of Parliament.
Additionally, for certain amendments that affect the federal character of the Constitution, including those related to Fundamental Rights, the amendment must also be ratified by at least half of the state legislatures. This means that in order for the amendment to be valid, it must be approved by the legislatures of at least half of the states in the country.
Conclusion:
Based on the above explanation, it can be concluded that Statement 1: Fundamental Rights can be amended by the parliament only through a constitutional amendment act is correct. However, Statement 2: Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures is incorrect as the consent of half of the state legislatures is not required for amending the Fundamental Rights.
Statement 2: Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.
Explanation:
Statement 1: Fundamental Rights can be amended by the parliament only through a constitutional amendment act.
The Constitution of India guarantees certain fundamental rights to its citizens, which are considered as the cornerstone of democratic governance. These rights are enshrined in Part III of the Constitution and include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
Amending the Fundamental Rights is a serious matter as it directly impacts the rights and freedoms of the citizens. Therefore, any amendment to the Fundamental Rights can only be done through a constitutional amendment act. This act requires the approval of both houses of Parliament, i.e. Lok Sabha and Rajya Sabha, with a special majority.
Statement 2: Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.
The process of amending the Constitution involves the participation of both the Parliament and the state legislatures. According to Article 368 of the Constitution, a constitutional amendment can be initiated only by the Parliament and not by the state legislatures.
When it comes to amending the Fundamental Rights, it requires a special majority in both houses of Parliament. A special majority means that the amendment must be passed by a majority of the total membership of each house, as well as by a majority of not less than two-thirds of the members present and voting. This ensures that any amendment to the Fundamental Rights is not passed easily and requires substantial support from the members of Parliament.
Additionally, for certain amendments that affect the federal character of the Constitution, including those related to Fundamental Rights, the amendment must also be ratified by at least half of the state legislatures. This means that in order for the amendment to be valid, it must be approved by the legislatures of at least half of the states in the country.
Conclusion:
Based on the above explanation, it can be concluded that Statement 1: Fundamental Rights can be amended by the parliament only through a constitutional amendment act is correct. However, Statement 2: Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures is incorrect as the consent of half of the state legislatures is not required for amending the Fundamental Rights.
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Consider the following statements:1. Fundamental Rights can be amended...
- Fundamental Rights are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ‘basic structure’ of the Constitution. Hence, statement 1 is correct.
- The majority of the provisions in the Constitution need to be amended by a special majority of the Parliament, that is, a majority (that is, more than 50 per cent) of the total membership of each House and a majority of two-thirds of the members of each House present and voting. Both Fundamental Rights and DPSPs can be amended with this special majority. Hence, statement 2 is not correct.
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Consider the following statements:1. Fundamental Rights can be amended by the parliament only through a constitutional amendment act.2. Any amendment to Fundamental Rights requires a special majority of Parliament along with the consent of half of the state legislatures.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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