127-874: Vettath Balakrishna Eradi (19 June 1922 – 30 December 2010) was a Judge of Supreme Court of India . He also served as the Chief Justice of the Kerala High Court and as President of the National Consumer Disputes Redressal Commission (NCDRC) and the Chairman of Ravi & Beas Waters Disputes Tribunal. Eradi was also noted for his role in several spiritual, cultural, and social organizations. Eradi enrolled as an advocate in Madras High Court . He began his profession as junior to K. Kuttikrishna Menon, before starting an independent practice in
254-458: A Parsi minority community became the Chief Justice of India. In 2017, Justice Jagdish Singh Khehar became the first Sikh Chief Justice of India. Justice Indu Malhotra is the first and only woman judge to be selected directly from the bar. The Constitution seeks to ensure the independence of Supreme Court judges in various ways. Per Article 50 of directive principles of state policy ,
381-671: A joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his/her assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States. Although there is no prescribed time limit for ratification, it must be completed before
508-621: A simple majority such as that required for the passing of any ordinary law. The amendments under this category are specifically excluded from the purview of article 368 which is the specific provision in the Constitution dealing with the power and the procedure for the amendment of the Constitution. Article 4 provides that laws made by Parliament under article 2 (relating to admission or establishment of new States) and article 3 (relating to formation of new States and alteration of areas, boundaries or names of existing States) effecting amendments in
635-522: A Bill has to be examined and recommended by the Committee on Private Members' Bills before it is included in the List of Business. The Committee has laid down the following principles as guiding criteria in making their recommendations in regard to these Bills: "(i) The Constitution should be considered as a sacred document — a document which should not be lightly interfered with and it should be amended only when it
762-578: A British-style system where Parliament is supreme. The framers, instead, adopted a combination of the "theory of fundamental law", which underlies the written Constitution of the United States with the "theory of parliamentary sovereignty" as existing in the United Kingdom . The Constitution of India vests constituent power upon the Parliament subject to the special procedure laid down therein. During
889-461: A Constitution, such as some other great countries have, which are so rigid that they do not and cannot be adapted easily to changing conditions. Today especially, when the world is in turmoil and we are passing through a very swift period of transition, what we may do today may not be wholly applicable tomorrow. Therefore, while we make a Constitution which is sound and as basic as we can, it should also be flexible ..." Dr. P.S. Deshmukh believed that
1016-440: A Latin phrase, which in law, describes someone taking precautions against a very remote contingency. By strictly adhering to article 368, the provision is intended to ensure the validity of the procedure adopted, but also guard against the possibility of violation of the spirit and scheme of that article 29 by the consideration of a Bill seeking to amend the Constitution including its consideration clause by clause being concluded in
1143-567: A Supreme Court with a chief justice and 7 judges. In the early years, a full bench of the Supreme Court sat together to hear the cases presented before them. As the work of the Court increased and cases began to accumulate, Parliament increased the number of judges (including the Chief Justice) from the original 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, to 34 in 2019. As
1270-432: A constitutional amendment in 1967, ruling in the case of I.C. Golak Nath and Ors. vs. State of Punjab and Anr . An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment. Parliament responded by enacting
1397-466: A decision by a convention or a referendum ... It is only for amendments of specific matters—and they are only few—that the ratification of the State Legislatures is required. All other Articles of the Constitution are left to be amended by Parliament. The only limitation is that it shall be done by a majority of not less than two-thirds of the members of each House present and voting and a majority of
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#17328514668991524-545: A five-member Constitution Bench of the Supreme Court. The case, now popularly known as Anti-Defection case, was decided in 1992. The Constitution Bench in its majority judgement upheld the validity of the Tenth Schedule, but declared Paragraph 7 of the Schedule invalid because it was not ratified by the required number of the Legislatures of the States as it brought about in terms and effect, a change in articles 136, 226 and 227 of
1651-477: A good and workable Constitution it has no axe to grind. In considering the Articles of the Constitution it has no eye on getting through a particular measure. The future Parliament if it met as Constituent Assembly, its members will be acting as partisans seeking to carry amendments to the Constitution to facilitate the passing of party measures which they have failed to get through Parliament by reason of some Article of
1778-429: A judicial committee would be formed to frame charges against the judge, to conduct the fair trial and to submit its report to parliament. When the judicial committee report finds the judge guilty of misbehaviour or incapacity, further removal proceedings would be taken up by Parliament if the judge is not resigning himself. The judge upon proven guilty is also liable for punishment per applicable laws or for contempt of
1905-478: A majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. There is no provision for a joint sitting in case of disagreement between the two Houses. Total membership in this context has been defined to mean the total number of members comprising the House irrespective of any vacancies or absentees on any account vide Explanation to Rule 159 of
2032-564: A new House, by whatever name it goes, is elected in terms of this Constitution, and every adult in India has the right to vote – man and woman – the House that emerges then will certainly be fully representative of every section of the Indian people. It is right that House elected so – under this Constitution of course it will have the right to do anything – should have an easy opportunity to make such changes as it wants to. But in any event, we should not make
2159-517: A period of five years during the operation of a Proclamation of Emergency; and articles 83(1) and 172 (2) provide that the Council of States/Legislative Council of a State shall not be subject to dissolution but as nearly as possible one-t Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to
2286-413: A permanent secretariat to help the collegium sift through material on potential candidates, infusing more transparency into the selection process, grievance redressal and any other suggestion not in these four categories, like transfer of judges. This resulted in the court asking the government and the collegium to finalize the memorandum of procedure incorporating the above. In 2009, a challenge arose in
2413-469: A simple majority. The adoption of amendments to clauses or schedules of the Bill, requires a majority of members present and voting in the same manner as in the case of any other Bill. A Bill for amendment of the Constitution by a Private Member is governed by the rules applicable to Private Members' Bills in general. The period of one month's notice applies to such a Bill also. In addition, in Lok Sabha, such
2540-482: A structure as we can make it, nevertheless there is no permanence in Constitutions. There should be a certain flexibility. If you make anything rigid and permanent, you stop a nation's growth, the growth of a living, vital, organic people. Therefore, it has to be flexible ... while we, who are assembled in this House, undoubtedly represent the people of India, nevertheless I think it can be said, and truthfully, that when
2667-438: A thorough consultation occurred within the collegium to form this opinion, the content or material considered in shaping the opinion was not subject to scrutiny in a court of law. Judges of the Supreme Court in India currently conclude their service upon reaching the age of 65. Nevertheless, there have been proposals put forth by Supreme Court judges advocating for the implementation of a predetermined tenure for judges, including
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#17328514668992794-425: A ‘‘dispensation of equal justice to all’’. The black bronze sculpture has been placed at the center of the park on the lawn of the Court just behind the statue of Mahatma Gandhi, which is in front of the staircase of the Supreme Court building in the front lawn. The statue, when it was being put in the Court premises, led to protests by advocates of the Court in 1978 and a demand was made for its removal. A memorandum
2921-532: Is also referred as the wheel of righteousness, encompassing truth, goodness and equity . On 1 September 2024, the Supreme Court unveiled a flag for the Court's use, combining elements of the seal and the Court's architecture. The flag is a deep blue colour and depicts the Ashoka Chakra set above the rotunda of the Court. The flag also features the Constitution of India. The flag was inaugurated by President of India Droupadi Murmu on September 1, 2024, commemorating
3048-478: Is another limitation imposed on the amending power of the constitution of India, which developed during conflicts between the Supreme Court and Parliament, where Parliament wants to exercise discretionary use of power to amend the constitution while the Supreme Court wants to restrict that power. This has led to the laying down of various doctrines or rules in regard to checking the validity/legality of an amendment,
3175-482: Is ascertained and gauged to enable the House to consider the matter further. In determining whether a matter is of sufficient public importance, it should be examined whether the particular provisions in the Constitution are adequate to satisfy the current ideas and public demand at the time. In other words, the Constitution should be adapted to the current needs and demands of the progressive society and any rigidity which may impede progress should be avoided." The role of
3302-536: Is constantly changing’. Later on, though the advocates submitted an apology memorandum after they got to know that the maquette was made in the year 1969. The design of the Court's seal is reproduced from the wheel that appears on the Sarnath Lion capital of Ashoka with 24 spokes. The inscription in Sanskrit , " यतो धर्मस्ततो जयः " ( IAST : Yato Dharmastato Jayaḥ ,) means "whence justice (dharma), thence victory". It
3429-467: Is found absolutely necessary to do so. Such amendments may generally be brought forward when it is found that the interpretation of the various articles and provisions of the Constitution has not been in accordance with the intention behind such provisions and cases of lacunae or glaring inconsistencies have come to light. Such amendments should, however, normally be brought by the Government after considering
3556-638: Is given to Parliament to make laws with respect to certain matters included in the State List (article 369); article 370 (1) (d) which empowers the President to modify, by order, provisions of the Constitution in their application to the State of Jammu and Kashmir ; provisos to articles 83 (2) and 172 (1) empower Parliament to extend the lives of the House of the People and the Legislative Assembly of every State beyond
3683-475: Is required to safeguard the fundamental rights of citizens and settles legal disputes among the central government and various state governments. Its decisions are binding on other Indian courts as well as the union and state governments. As per the Article 142 of the Constitution, the court has the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice which becomes binding on
3810-467: Is subtle and ingenious. It is said that this Constituent Assembly is not elected on adult suffrage while the future Parliament will be elected on adult suffrage and yet the former has been given the right to pass the Constitution by a simple majority while the latter has been denied the same right. It is paraded as one of the absurdities of the Draft Constitution. I must repudiate the charge because it
3937-563: Is that the Parliament of India is elected by means of single seat districts, under the plurality voting system , used in the United Kingdom and the United States . This means that, it is possible for a party to win two thirds of the seats in Parliament without securing two thirds of the vote. For example, in the first two Lok Sabha elections held under the Constitution, the Indian National Congress party won less than one half of
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4064-505: Is the official journal of reportable Supreme Court decisions. It is published under the authority of the Supreme Court of India by the Controller of Publications, Government of India, Delhi. In addition, there are many other reputed private journals that report Supreme Court decisions. Some of these other important journals are: SCR (The Supreme Court Reports), SCC (Supreme Court Cases), AIR (All India Reporter), SCALE, etc. Amendment of
4191-457: Is the supreme judicial authority and the highest court of the Republic of India . It is the final court of appeal for all civil and criminal cases in India. It also has the power of judicial review . The Supreme Court, which consists of the Chief Justice of India and a maximum of fellow 33 judges, has extensive powers in the form of original , appellate and advisory jurisdictions . As
4318-507: Is to initiate the process for creating or abolishing Legislative Councils in their respective legislatures, and to give their views on a proposed Parliamentary bill seeking to affect the area, boundaries or name of any State or States which has been referred to them under the proviso to Article 3 . However, this referral does not restrict Parliament's power to make any further amendments of the Bill. Article 169 (1) reads, "Notwithstanding anything in article 168, Parliament may by law provide for
4445-623: Is void for want of ratification or only an amended provision required to be ratified under proviso to clause (2) of article 368 was debated before the Supreme Court in Kihota Hollohon v. Zachilhu (AIR 1993 SC 412), in which the constitutional validity of the Tenth Schedule of the Constitution inserted by the 52nd Amendment in 1985 was challenged. The decisions of the Speakers/Chairmen on disqualification, which had been challenged in different High Courts through different petitions, were heard by
4572-462: Is without foundation. To know how simple are the provisions of the Draft Constitution in respect of amending the Constitution one has only to study the provisions for amendment contained in the American and Australian Constitutions. Compared to them those contained in the Draft Constitution will be found to be the simplest. The Draft Constitution has eliminated the elaborate and difficult procedures such as
4699-637: The Government of India Act 1935 . The Federal Court had the jurisdiction to solve disputes between provinces and federal states and hear appeals against judgement of the high courts. The first CJI of India was H. J. Kania . The Supreme Court of India came into existence on 28 January 1950. It replaced both the Federal Court of India and the Judicial Committee of the Privy Council , which were then at
4826-490: The 42nd Amendment but were later declared unconstitutional by the Supreme Court in Minerva Mills v. Union of India in 1980. 368. Power of Parliament to amend the Constitution and Procedure therefor: As per the procedure laid out by article 368 for amendment of the Constitution, an amendment can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by
4953-538: The Code of Civil Procedure . Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with power to punish anyone for contempt of any court in India including itself. The Supreme Court performed an unprecedented action when it directed a sitting Minister of State in Maharashtra government , Swaroop Singh Naik, to be jailed for 1-month on a charge of contempt of court on 12 May 2006. Article 145 of
5080-517: The Lion capital of Ashoka at Sarnath , with a topmost wheel featuring 32 spokes. The Supreme Court of India was constituted as per Chapter IV of Part V of the Constitution of India. The fourth Chapter of the Indian Constitution is " The Union Judiciary". Under this Chapter, the Supreme Court of India is vested with all Jurisdiction. The law declared by the Supreme Court is binding on all courts in
5207-470: The President to enforce. The Supreme Court replaced the Judicial Committee of the Privy Council as the highest court of appeal since 28 January 1950, two days after India was declared a republic. With expansive authority to initiate actions and wield appellate jurisdiction over all courts and the ability to invalidate amendments to the constitution, the Supreme Court of India is widely acknowledged as one of
V. Balakrishna Eradi - Misplaced Pages Continue
5334-470: The "scheduled castes", "scheduled tribes", and other "backward classes" and also lower classes people. In a landmark ruling in January 2007, a nine judge constitutional bench of the Supreme Court of India confirmed that all laws (including those in Schedule 9) would be open to judicial review if they violate the "basic structure of the constitution". Chief Justice Yogesh Kumar Sabharwal noted, "If laws put in
5461-462: The 75th anniversary of supreme court. The registry of the Supreme Court is headed by the Secretary-General, who is currently assisted by 10 registrars, several additional and deputy registrars, etc. Article 146 of the Constitution deals with the appointments of officers and servants of the Supreme Court registry. Supreme Court Rules, 2013 entitle only those advocates who are registered with
5588-500: The Chief Justice of India (CJI) is designated to preside over all special leave petitions (SLPs) and cases concerning public interest, social justice, elections, arbitration, criminal matters, and more. Other members of the collegium or senior judges are tasked with hearing cases related to labour disputes, taxation, compensation, consumer protection, maritime law, mortgage, personal law, family law, land acquisition, service, company matters, and other relevant areas. Supreme Court Reports
5715-426: The Chief Justice of India. Article 125 of the Indian constitution leaves it to the Indian parliament to determine the salary, other allowances, leave of absence, pension, etc. of the Supreme Court judges. However, the parliament cannot alter any of these privileges rights to the judge's disadvantage after his/her appointment. A judge of the Supreme Court draws a salary of ₹ 250,000 (US$ 3,000) per month—equivalent to
5842-588: The Constitution as may be necessary, it shall not be deemed to be an amendment of the Constitution for the purposes of article 368. The Legislative Councils Act, 1957 , which provided for the creation of a Legislative Council in Andhra Pradesh and for increasing the strength of the Legislative Councils in certain other States, is an example of a law passed by Parliament in an exercise of its powers under article 169. The Fifth Schedule contains provisions as to
5969-418: The Constitution by the executive, legislators, citizens, etc. It is acknowledged as one of the most autonomous judiciaries in the entirety of Southeast Asia. The main purpose of the Supreme Court is to decide constitutional issues. It is the duty of the judiciary to frame suo moto cases or to probe cases/petitions at the earliest against the executive or legislature when laws are implemented which violate
6096-568: The Constitution of India Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India . This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India . However, there
6223-406: The Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws. Article 124(4) of the constitution, President of India can remove a judge on
6350-502: The Constitution which has acted as an obstacle in their way. Parliament will have an axe to grind while the Constituent Assembly has none. That is the difference between the Constituent Assembly and the future Parliament. That explains why the Constituent Assembly though elected on limited franchise can be trusted to pass the Constitution by simple majority and why the Parliament though elected on adult suffrage cannot be trusted with
6477-485: The Constitution. While doing so, the majority treated Paragraph 7 as a severable part from the rest of the Schedule. However, in the dissenting opinion , the minority of the Judges held that the entire Amendment is invalid for want of ratification. Despite the super majority requirement in the Constitution, it is one of the most frequently amended governing documents in the world, and the most amended national constitution in
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#17328514668996604-482: The Constitution." Hence, barring the requirements of special majority, ratification by the State Legislatures in certain cases, and the mandatory assent by the President, a Bill for amending the Constitution is dealt with the Parliament following the same legislative process as applicable to an ordinary piece of legislation. The Rules of the House in the Rajya Sabha do not contain special provisions with regard to Bills for
6731-466: The Draft Constitution, in judgement, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, or which stand in the way of the Government giving effect to these Directive Principles, they shall, even under hard and unpropitious circumstances, always strive in the fulfilment of these Directives. That is why we have used the word 'strive'. Otherwise, it would be open for any Government to say that
6858-607: The First Schedule or the Fourth Schedule and supplemental, incidental and consequential matters, shall not be deemed to be amendments of the Constitution for the purposes of article 368. For example, the States Reorganisation Act, 1956 , which brought about the reorganization of the States in India, was passed by Parliament as an ordinary piece of legislation. In Mangal Singh v. Union of India (A.I.R. 1967 S.C. 944),
6985-514: The House with only the bare quorum present. Voting at all the above stages is by division. However, the Speaker may, with the concurrence of the House, put any group of clauses or schedules together to the vote of the House, provided that the Speaker will permit any of the clauses or schedules be put separately, if any member requests that. The Short Title, Enacting Formula and the Long Title are adopted by
7112-433: The Indian Constitution grants the Supreme Court the authority to create its own rules, subject to presidential approval, to govern the practice and procedures of the court. These rules have been revised and published three times, first in 1950, then in 1966, and most recently in 2013. From 5 February 2018 onwards, the Supreme Court adopted a fresh roster system for assigning cases to judges. According to this new arrangement,
7239-458: The Indian Constitution grants the Supreme Court the authority to reevaluate its own decisions. According to this article, the Supreme Court can review any judgment or order it has previously pronounced. This power is subject to any laws created by Parliament or rules established under Article 145. The Supreme Court holds the ability to invalidate parliamentary and governmental decisions if they violate fundamental features. Additionally, it can overturn
7366-622: The Madras High Court. He was later appointed by the Madras Government as Junior Counsel to conduct several Government cases. Eradi shifted his practice to Ernakulam in 1956 when the new High Court of Kerala was established. In 1961, he was appointed Senior Government Pleader in the Kerala High Court where he conducted several important Government cases. He was also doing private practice during this time. In April 1967, Balakrishna
7493-609: The Ninth Schedule abridge or abrogate fundamental rights resulting in violation of the basic structure of the constitution, such laws need to be invalidated". Constitutional amendments have been made to facilitate changes in the territorial extent of the Republic of India due to the incorporation of the former French colony of Pondicherry, the former Portuguese colony of Goa , and a minor exchange of territory with Pakistan . Amendments are also necessary with regard to littoral rights over
7620-488: The President may allow and the period so specified or allowed has expired. Union territories have no say in constitutional amendments, including the ratification process which is only open to States. Delhi , Puducherry and Jammu and Kashmir are three union territories that are entitled, by special constitutional amendments, to have an elected Legislative Assembly and a Cabinet of ministers, thereby enjoying partial statehood powers. These three territories can participate in
7747-471: The Rules of Procedure and Conduct of Business in Lok Sabha. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368, it must be ratified by the Legislatures of not less than one-half of the States. These provisions relate to certain matters concerning
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#17328514668997874-631: The Select/Joint Committee be taken into consideration, in case a Bill has been referred to a Committee; for adoption of each clause or schedule or clause or schedule as amended, of a Bill; or that the Bill or the Bill as amended, as the case may be, be passed. This provision was arrived at after consultation with the Attorney-General and detailed discussions in the Rules Committee. It has been described as "evidently ex abundanti cautela ",
8001-479: The State Legislatures. The last two categories are governed by article 368. Ambedkar speaking in the Constituent Assembly on 17 September 1949, pointed out that there were "innumerable articles in the Constitution" which left matters subject to laws made by Parliament. Under article 11, Parliament may make any provision relating to citizenship notwithstanding anything in article 5 to 10. Thus, by passing ordinary laws, Parliament may, in effect, provide, modify or annul
8128-461: The Supreme Court directly from the bar (i.e., who were practising advocates). The Supreme Court saw its first woman judge when Justice M. Fathima Beevi was sworn into office in 1989. In 1968, Justice Mohammad Hidayatullah became the first Muslim Chief Justice of India. In 2007, Justice K. G. Balakrishnan became the first judge as well as the Chief Justice of India from the dalit community. In 2010, Justice S. H. Kapadia coming from
8255-473: The Supreme Court held that power to reduce the total number of members of Legislative Assembly below the minimum prescribed under article 170 (1) is implicit in the authority to make laws under article 4. Article 169 empowers Parliament to provide by law for the abolition or creation of the Legislative Councils in States and specifies that though such law shall contain such provisions for the amendment of
8382-414: The Supreme Court regarding the recommendation for the appointment of a high court judge made by the collegium of that specific court. The court asserted that the eligibility to become a judge was a factual matter, open to questioning by any individual. On the contrary, the determination of who should become a judge was deemed a matter of opinion and was beyond questioning. The court emphasized that, as long as
8509-536: The Supreme Court's building was laid on 29 October 1954 by Rajendra Prasad , the first President of India . The main block of the building has been built on a triangular plot of 17 acres and has been designed in an Indo-British style by the chief architect Ganesh Bhikaji Deolalikar , the first Indian to head the Central Public Works Department . The design of scales of justice was to conform to this triangular site and according to Dr. Rajendra Prasad
8636-512: The Supreme Court, Arun Jaitley, also criticized the appointment of judges in government posts after their retirement. Jaitley famously said:"There are two kinds of judges - those who know the law and those who know the Law Minister. We are the only country in the world where judges appoint judges. Even though there is a retirement age, judges are not willing to retire. Pre-retirement judgements are influenced by post-retirement jobs." Article 137 of
8763-417: The Supreme Court, called advocates-on-record to appear, act and plead for a party in the court. Those advocates who are designated as 'senior advocates' by the Supreme Court or any of the high courts can appear for clients along with an advocate-on-record. Any other advocate can appear for a party along with or under instructions from an advocate-on-record. Initially, the Constitution of India provided for
8890-490: The Union and the States (Chapter I of Part XI and Seventh Schedule); the representation of States in Parliament; and the provision for amendment of the Constitution laid down in article 368. Ratification is done by a resolution passed by the State Legislatures. There is no specific time limit for the ratification of an amending Bill by the State Legislatures. However, the resolutions ratifying the proposed amendment must be passed before
9017-538: The abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting." The proviso of article 3 provides that no bill for
9144-540: The administration and control of the Schedule Areas and Scheduled Tribes . Para 7 of the Schedule vests Parliament with plenary powers to enact laws amending the Schedule and lays down that no such law shall be deemed to be an amendment of the Constitution for the purposes of article 368. Under Para 21 of the Sixth Schedule, Parliament has full power to enact laws amending the Sixth Schedule which contains provisions for
9271-455: The administration of Tribal Areas in the States of Assam , Meghalaya , Tripura and Mizoram . No such law will be deemed to be an amendment of the Constitution for the purposes of article 368. The second category includes amendments that can be effected by Parliament by a prescribed ‘ special majority '; and the third category of amendments includes those that require, in addition to such "special majority", ratification by at least one-half of
9398-474: The age of superannuation in 1987. In 1988, he was appointed President of the National Consumer Disputes Redressal Commission , a post he held until he retired in 1997. In 1999 he was appointed Chairman of the National Company Law Tribunal and Appellate Tribunal, a High Level Committee to examine the existing laws relating to winding up proceedings of companies in order to remodel it in line with
9525-549: The amending Bill is presented to the President for his assent. Article 368 does not specify the legislative procedure to be followed at various stages of enacting an amendment. There are gaps in the procedure as to how and after what notice a Bill is to be introduced, how it is to be passed by each House and how the President's assent is to be obtained. This point was decided by the Supreme Court in Shankari Prasad Singh Deo v. Union of India (AIR 1951 SC 458). Delivering
9652-676: The amending Bill is presented to the President for his/her assent. Every constitutional amendment is formulated as a statute. The first amendment is called the "Constitution (First Amendment) Act", the second, the "Constitution (Second Amendment) Act", and so forth. Each usually has the long title "An Act further to amend the Constitution of India". The original constitution provided for three categories of amendments. The first category of amendments are those contemplated in articles 4 (2), 169, 239A (2), 239AA (7b), 243M (4b), 243ZC (3), 244A (4), 312(4), para 7(2) of Schedule V and para 21(2) of Schedule VI. These amendments can be effected by Parliament by
9779-414: The amendment of parts of a Constitution. An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament . The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This is known as special majority. There is no provision for
9906-424: The amendment of the Constitution and the Rules relating to ordinary Bills apply, subject to the requirements of article 368. The Rules of Procedure and Conduct of Business make certain specific provisions regarding amendment bills in the Lok Sabha. They relate to the voting procedure in the House at various stages of such Bills, in the light of the requirements of article 368; and the procedure before introduction in
10033-405: The amendment of the Constitution should be made easier as he felt there were contradictory provisions in some places which would be more and more apparent when the provisions were interpreted, and that the whole administration would suffer, if the amendment to the Constitution was not made easy. Brajeshwar Prasad also favored a flexible Constitution so as to make it survive the test of time. He was of
10160-504: The apex constitutional court, it takes up appeals primarily against verdicts of the High Courts of various states and tribunals. As an advisory court, it hears matters which are referred by the President of India . Under judicial review, the court invalidates both normal laws as well as constitutional amendments as per the Basic structure doctrine that it developed in the 1960s and 1970s. It
10287-471: The apex of the Indian court system. The first proceedings and inauguration, however, took place on 28 January 1950 at 9:45 am, when the judges took their seats; which is thus regarded as the official date of establishment. The Supreme Court initially had its seat at the Chamber of Princes in the parliament building where the previous Federal Court of India sat from 1937 to 1950. The first Chief Justice of India
10414-414: The background of the proposal or measures which the Government may be considering at the time so that consolidated proposals are brought forward before the House by the Government after collecting sufficient material and taking expert advice. (iv) Whenever a Private Member's Bill raises issues of far-reaching importance and public interest, the Bill might be allowed to be introduced so that public opinion
10541-695: The basic foundation and structure of the Constitution as stated in Article 38 (1) of the Directive Principles. It ensures that-"the state /judiciary shall strive to promote the welfare of the people by securing a social order in which social , economic and political justice is animated/informed in all institutions of life." B. R. Ambedkar clarified as given below in the Constituent Assembly debates on Article 38 (1) highlighting its inevitable implementation. ... The word 'strive' which occurs in
10668-546: The basic framework of the Constitution, there is no other limitation placed upon the amending power, meaning that there is no provision of the Constitution that cannot be amended. In Abdul Rahiman Jamaluddin v. Vithal Arjun ( AIR 1958 Bombay, 94, (1957)), the Bombay High Court held that any attempt to amend the Constitution by a Legislature other than Parliament, and in a manner different from that provided for, will be void and inoperative. The Supreme Court first struck down
10795-457: The case of such Bills, if sponsored by Private Members. Although the "special majority", required by article 368 is prima facie applicable only to the voting at the final stage, the Lok Sabha Rules prescribe adherence to this constitutional requirement at all the effective stages of the Bill, i.e., for adoption of the motion that the Bill be taken into consideration; that the Bill as reported by
10922-470: The circumstances are so bad, that the finances are so inadequate that we cannot even make an effort in the direction in which the Constitution asks us to go. As per the constitution, as held by the court in the Three Judges Cases – (1982, 1993, 1998), a judge is appointed to the Supreme Court by the president on the recommendation of the collegium — a closed group of the Chief Justice of India,
11049-530: The constitution by breaching the oath under disrespecting constitution A person who has retired as a judge of the Supreme Court is debarred from practicing in any court of law or before any other authority in India. However, Supreme Court and high court judges are appointed to various posts in tribunals and commissions, after their retirement. Lawyer Ashish Goel in a recent article criticized this stating that post-retirement benefits for judges hampers judicial independence. Former Law Minister and Senior Advocate of
11176-530: The constitution cannot be altered by amendment. Parliament attempted to remove this limitation by enacting the Forty-second Amendment , which declared, among other provisions, that "there shall be no limitation whatever on the constituent power of Parliament to amend ...this Constitution". However, this change was itself later declared invalid by the Supreme Court in Minerva Mills v. Union of India . The issue of whether an entire constitutional amendment
11303-632: The country. Presently, the Members of Collegium are: The building is shaped to symbolize scales of justice with its centre-beam being the Central Wing of the building, consisting of the Chief Justice's court, the largest of the courtrooms, with two court halls on either side. The Right Wing of the structure has the Bar, consisting of rooms, the offices of the Attorney General of India and other law officers and
11430-404: The discussion in the Constituent Assembly on this aspect, some members were in favor of adopting an easier mode of amending procedure for the initial five to ten years. Explaining why it was necessary to introduce an element of flexibility in the Constitution, Jawaharlal Nehru observed in the Constituent Assembly on 8 November 1948, "While we want this Constitution to be as solid and as permanent
11557-500: The exclusive economic zone of 200 mi and the formation of new states and union territories by the reorganization of existing states. Constitutional amendment under article 368 allows peaceful division of the country provided fundamental rights (Article 13) are ensured in all the resultant countries. The constitution (ninth amendment) act, 1960 is an example which has ceded territory to old Pakistan. The constitution includes transitional provisions intended to remain in force only for
11684-476: The federal structure or of common interest to both the Union and the States viz., the election of the President (articles 54 and 55); the extent of the executive power of the Union and the States (articles 73 and 162); the High Courts for Union territories (article 241); The Union Judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI); the distribution of legislative powers between
11811-461: The four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee. This has resulted in a Memorandum of Procedure being followed, for the appointments. Judges used to be appointed by the president on the advice of the union cabinet . After 1993 (the Second Judges' Case), no minister, or even the executive collectively, can suggest any names to
11938-409: The grounds of proved misbehaviour or incapacity when parliament approves with a majority of the total membership of each house in favour of impeachment and not less than two thirds of the members of each house present. For initiating impeachment proceedings against a judge, at least 50 members of Rajya Sabha or 100 members of Lok Sabha shall issue the notice per Judges (Inquiry) Act, 1968 . Then
12065-558: The impeachment process of the President and Judges, as decided by Parliament, based on constitutional validity or fundamental features. Under Order XL of the Supreme Court Rules, that have been framed under its powers under Article 145 of the constitution, the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of
12192-478: The judgment, Patanjali Sastri J. observed, "Having provided for the constitution of a Parliament and prescribed a certain procedure for the conduct of its ordinary legislative business to be supplemented by rules made by each House (article 118), the makers of the Constitution must be taken to have intended Parliament to follow that procedure, so far as it may be applicable consistently with the express provisions of article 368, when they entrusted to it power of amending
12319-531: The latest developments. Eradi was actively connected with cultural and social service organizations and was President of International Centre for Kathakali , Delhi since 1982 and was also the President of Swaralaya , a Carnatic music society of India. He was a Member of the Council of Management of Sri Sathya Sai Central Trust from its inception in 1972. After the retirement he stayed in New Delhi with his wife, Saraswathy Eradi and later shifted to Kozhikode and
12446-420: The library of the court. The Left Wing has the offices of the court. In all, there are 15 courtrooms in the various wings of the building. These two wings act as the two limbs of the balance and end with two semi-circular hooks that represent the pans of the balance, and the centres of the two semi-circular pans connect to a centrally placed statue of ‘Mother and Child’ in the garden. The foundation stone of
12573-412: The matter in all its aspects and consulting experts, and taking such other advice as they may deem fit. (ii) Some time should elapse before a proper assessment of the working of the Constitution and its general effect is made so that any amendments that may be necessary are suggested as a result of sufficient experience. (iii) Generally speaking, notice of Bills from Private Members should be examined in
12700-508: The minority Parsi community with a population of 1,67,000, like myself, can aspire to attain the post of the Chief Justice of India. These things do not happen in our neighbouring countries. In practice, judges of the Supreme Court have been selected so far, mostly from amongst judges of the high courts. Barely nine justices— S. M. Sikri , S. Chandra Roy , Kuldip Singh , Santosh Hegde , R. F. Nariman , U. U. Lalit , L. Nageswara Rao , Indu Malhotra and P. S. Narasimha —have been appointed to
12827-491: The most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala . The framers of the Constitution were neither in favor of the traditional theory of federalism , which entrusts the task of constitutional amendment to a body other than the Legislature, nor did they favor a rigid special procedure for such amendments. They also never wanted to have
12954-490: The most powerful supreme courts in the world. In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolish Supreme Courts at Calcutta, Madras and Bombay and also the s adar adalats in presidency towns in their respective regions. These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under
13081-459: The most-senior civil servant of the Indian government , Cabinet Secretary of India —while the chief justice earns ₹ 280,000 (US$ 3,400) per month. Per Article 124 and third Schedule of the constitution, the chief justice (or a judge) of the Supreme Court of India is required to make and subscribe in the presence of the president an oath or affirmation that they will bear true faith and allegiance to
13208-564: The national vote but roughly two thirds of seats in the chamber. The most important and frequent reason for amendments to the Constitution is the curtailment of the Fundamental Rights charter. This is achieved by inserting laws contrary to the fundamental rights provisions into Schedule 9 of the Constitution. Schedule 9 protects such laws from judicial review . The typical areas of restriction include laws relating to property rights, and affirmative action in favour of minority groups such as
13335-553: The number of the judges has increased, they sit in smaller benches of two or three (referred to as a division bench ) —coming together in larger benches of five or more (referred to as a constitution bench ) when required to settle fundamental questions of law. A bench may refer a case before it to a larger bench, should the need arise. The largest-ever bench at the Supreme Court of India has been constituted in 1973 in Kesavananda Bharati v. State of Kerala . A bench of 13 judges
13462-517: The operation of certain provisions of the Constitution without actually amending them within the meaning of article 368. Since such laws do not, in fact, make any change whatsoever in the letter of the Constitution, they cannot be regarded as amendments of the Constitution nor categorized as such. Other examples include Part XXI of the Constitution—"Temporary, Transitional and Special Provisions" whereby "Notwithstanding anything in this Constitution" power
13589-470: The opinion that rigidity tends to check progressive legislation or gradual innovation. On the other hand, H.V. Kamath favored ensuring procedural safeguards to avoid the possibility of hasty amendment to the Constitution. "It is said that the provisions contained in the Draft make amendment difficult. It is proposed that the Constitution should be amendable by a simple majority at least for some years. The argument
13716-486: The post-emergency period of India, they contended that it is symbolic of perversity and is based on the theme of the mother-and-son cult built up during the Emergency (India) period. Different interpretations of the statue came from advocates, one said, ‘it’s like Indira mothering the judges and telling them you practice justice like I tell you to’, while the other said, ‘symbolizing justice is terribly conservative as justice
13843-428: The president, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary. Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. The collegium system has come under a fair amount of criticism. In 2015, Parliament passed a law to replace the collegium with a National Judicial Appointments Commission (NJAC). This
13970-582: The procedure laid down therein, which is different from the procedure for ordinary legislation. Article 368 has been amended by the 24th and 42nd Amendments in 1971 and 1976 respectively. The following is the full text of Article 368 of the Constitution, which governs constitutional amendments. New clauses 368 (1) and 368 (3) were added by the 24th Amendment in 1971, which also added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368." The provisions in italics were inserted by
14097-417: The purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the area, boundaries or name of any of the States, the bill has been referred by the President to the Legislature of the State for expressing its views thereon within such period as may be specified in the reference or within such further period as
14224-400: The ratification process. The Constitution can be amended any number of times by the Parliament; but only in the manner provided. There is no such limit provided in the constitution of India which allows it to enact only certain number of amendments in a year. In other words, Parliament is free to enact any number of constitutional amendment in any given year. Although Parliament must preserve
14351-449: The same power to amend it." The Constitution of India provides for a distinctive amendment process when compared to the Constitutions of other nations. This can be described as partly flexible and partly rigid. The Constitution provides for a variety in the amending process. This feature has been commended by Australian academic Sir Kenneth Wheare who felt that uniformity in the amending process imposed "quite unnecessary restrictions" upon
14478-438: The state shall take steps to separate the judiciary from the executive. Independence of the judiciary, the supremacy of the constitution and rule of law are the features of the basic structure of the Constitution . The Supreme Court and high courts are empowered to frame suo moto cases without receiving formal petitions/complaints on any suspected injustice, including actions/acts indulging in contempt of court and contempt of
14605-446: The states in constitutional amendment is limited. State legislatures cannot initiate any Bill or proposal for amendment of the Constitution. They are associated in the process of the amendment only through the ratification procedure laid down in article 368, in case the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368. The only other provision for constitutional changes by state legislatures
14732-399: The total membership of each House. It is difficult to conceive a simpler method of amending the Constitution. What is said to be the absurdity of the amending provisions is founded upon a misconception of the position of the Constituent Assembly and of the future Parliament elected under the Constitution. The Constituent Assembly in making a Constitution has no partisan motive. Beyond securing
14859-410: The twenty-fourth Amendment of the Constitution of India which declared that "nothing in Article 13 shall apply to any amendment of this Constitution". The current limitation on amendments comes from Kesavananda Bharati vs. The State of Kerala , where the Supreme Court ruled that amendments of the constitution must respect the " basic structure " of the constitution, and certain fundamental features of
14986-443: The world; amendments have averaged about two a year. This is partly because the Constitution is so specific in spelling out government powers that amendments are often required to deal with matters that could be addressed by ordinary statutes in other democracies. As a result, it is the longest constitution of any sovereign nation in the world. It currently consists of over 117,000 words (450 articles plus 104 amendments). Another reason
15113-409: Was H. J. Kania. In 1958, the Supreme Court moved to its present premises. Originally, the Constitution of India envisaged a supreme court with a chief justice and seven judges; leaving it to Parliament to increase this number. In its formative years, the Supreme Court met from 10 to 12 in the morning and then from 2 to 4 in the afternoon for 28 days per month. The emblem of the Supreme Court represents
15240-552: Was appointed Additional Judge of the Kerala High Court and six months later elevated as Permanent Judge. During his tenure at Kerala High Court, he was appointed Chairman of several committees, including the High Court Committee appointed by the Government of Kerala for suggesting ways and means of raising the standard of legal education in the State. Eradi was appointed Chief Justice of the High Court of Kerala in January 1980 and
15367-607: Was elevated to the Judge of the Supreme Court of India a year later. While functioning as Judge of the Supreme Court, he was appointed by Government of India as Chairman of the Ravi and Beas Waters Tribunal for adjudication of the dispute regarding sharing of the Punjab River waters between States of Punjab, Haryana and Rajasthan. Justice Eradi retired from the Bench of the Supreme Court on attaining
15494-417: Was installed in the lawn of the Supreme Court. The sculpture was made by the renowned artist Chintamoni Kar . The statue, as per its sculptor Kar, reproduces ‘‘ Mother India sheltering young Republic represented by the symbol of a child upholding the law of the country shown in the form of an open book, with the symbol of the balance representing law and justice’’. The official account states that it represents
15621-659: Was residing at Chalappuram. Balakrishnan Eradi died on 30 December 2010 at a private hospital in Kozhikode. Eradi received several awards during his long career, including the National Press of India Golden Jubilee Award, Rajiv Gandhi Excellence Award, the National Citizenship Award, and the Shiromani Award. Supreme Court of India The Supreme Court of India ( ISO : Bhārata kā Sarvōcca Nyāyālaya )
15748-466: Was set up to decide whether Parliament had the unfettered right to amend the Constitution, which eventually gave rise to the Basic Structure doctrine. A citizen of India not exceeding 65 years age per Article 124 of the Constitution who has been: is eligible to be recommended for appointment, a judge of the Supreme Court. I am proud to be an Indian. India is the only country where a member of
15875-456: Was struck down as unconstitutional by the Supreme Court, in the Fourth Judges' Case , as the new system would undermine the independence of the judiciary. Putting the old system of the collegium back, the court invited suggestions, even from the general public, on how to improve the collegium system, broadly along the lines of – setting up an eligibility criteria for appointments,
16002-461: Was submitted to the then law minister Shanti Bhushan , which stated that ‘‘the statue is supposedly a symbol and inspiration for the highest institution of justice, the Supreme Court….The child is nondescript, but the mother’s resemblance to Mrs. Indira Gandhi is discernible even to the ordinary eye not trained for appreciating the nuances of sculpture’’. As the statue was put up in the year 1978,
16129-524: Was the conception of justice for Indians. It has a 27.6 m (90 ft 7 in) high dome and a spacious colonnaded verandah. The court moved into the building in 1958. In 1979, two new wings – the East Wing and the West Wing ;– were added to the complex. 1994 saw the last extension. On 20 February 1978, a black bronze sculpture of 210 cm (6 ft 11 in) height
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