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Q. The amendment procedure under Indian Constitution is a curious mixture of rigidity and flexibility. In this light discuss the different procedure for amendment reflecting such blend.

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Structure of the answer:   

Model Answer

The nature of the amending process envisaged by the makers of our Constitution has been explained by Pandit Jawaharlal Nehru as reconciliation of a written Constitution with Parliamentary SovereigntyArticle 368 (Part XX) of the Constitution deals with the power of Parliament to amend the constitution and its procedures.

The Constitution provides a mix of flexible and rigid provision for amendment as noted bellow:

Thus, as discussed above the amending process prescribed by the Constitution has certain distinctive features as compared to other Constitutions of the world i.e. having a dual attribute of rigidity and flexibility.

However, some critics have described the amendment procedure to be too flexible in view of the ease with which more than 100 amendments have been passed in last 60 years of the working of the Constitution. Therefore, the use of the amendment procedure should be as a measure of last resort. Moreover, while passing the amendment the Parliament must preserve the basic framework (basic structure) of the Constitution.

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