Question
Download Solution PDFWhich of the following Articles of the Constitution of India CANNOT be amended with simple majority?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFKey Points
- Article 21 of the Constitution of India cannot be amended with a simple majority.
- Article 21 guarantees the protection of life and personal liberty, stating that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
- This article is a fundamental right under Part III of the Constitution and requires a more rigorous process for amendment as outlined in Article 368.
- Simple majority amendments are generally for non-fundamental aspects of the Constitution, whereas fundamental rights require a special majority and, in some cases, ratification by at least half of the state legislatures.
Additional Information
- Articles 2 and 3 relate to the admission or establishment of new states and the formation of new states and alteration of areas, boundaries, or names of existing states, respectively. These can be amended with a simple majority.
- Article 169 provides for the abolition or creation of Legislative Councils in states and can also be amended with a simple majority.
- The Constitution of India was adopted by the Constituent Assembly on 26th November 1949 and came into effect on 26th January 1950.
- The Constitution lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
- Amendments to the Constitution can be made through a process outlined in Article 368.
Last updated on Jun 26, 2025
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