Sonakshi Desai, LL.M., Symbiosis Law School, Pune
INTRODUCTION
The amendment procedures of the Indian and U.S. Constitutions reflect their distinct political and historical contexts. India’s Article 368 provides a flexible yet partly rigid process, allowing frequent changes, while the U.S. Constitution's Article V follows a more rigid and complex procedure, resulting in fewer amendments over time.
Article Reviewed:
“Sandeep Kumar and Shivika Sood, (2021). Article 368 vs. Article V- A Guide to the Amendment Procedure of Constitution of India & United States.”
SUMMARY
This research analyzes the procedure of amendment to both Indian and United States constitutions toward their respective political and legal contexts. It points out that changing socio-political incidents require adjustment through constitutional alteration while being resistant and inflexible with it. The Constitution of India offers a liberal but limited approach toward modification while adjusting to changing demands without obliterating the power of Parliament. On the other hand, the United States Constitution is a more rigid process because it has only adopted 27 amendments since its adoption in 1789, which is a conservative approach to constitutional modification as affected by historical factors. Article 3682 provides for amending the Constitution through a combination of rigidity and elasticity.
Commenti