Political Science 5 Marks Question

I do not agree with the statement that the judiciary should not have the power to decide the validity of amendments. The judiciary is authorised to interpret the Constitution. Judiciary as an institution is involved in actively interpreting the provisions of the Constitution while pronouncing its judgments. It is more acquainted with the fundamentals of the Constitution than any other body. This power of judiciary checks the inappropriate and arbitrary use of the amendments by any political party that is in the power and also defends the fundamental rights of the people.

2. President of India.

She/ he has to give assent to the amendment bill to make it an amendment.

3. State Legislatures.

Half of the state legislature has to vote in favour of the amendment bill along with a special majority in the parliament.

4. Parliament.

• Parliament has to include an amendment, which would underlay one particular interpretation as the authentic one whenever there is a clash between the judiciary and the government over different interpretations of amendment bill.
• In both the houses of the Parliament, the amendment bill will be passed only if half of the total strength of both the houses is separately in the favour of the amendment bill. The supporters of the amendment bill must constitute two-third of the voters in both the houses separately.

6. Judiciary.

The judiciary has interpreted various provisions that concern right to education, right to life etc. to an informal amendment. It helps in the matter by balancing the spirit and letter of the Constitution.