constitution, position of Amending Process in Federal Constitution and
maintenance of Fundamental Rights in Federal constitution, it would be in the
fitness of things to take up the special features and incidents of amending
process of different federal constitutions from the point of view comparison. The
simplest way to grasp the distinction between flexible and rigid constitutions
is to consider how rigid constitution have, most commonly, come into existence.1
Constitution was made by the country it was implemented immediately hence there
was no trial or mock implementation to find out the pros and cons and problems
in governance. Keeping the future difficulties in mind and for administrative
management of the state the amendments of the Constitution takes place. Also,
there are some political reasons and aims and some for removing the
difficulties faced in the governance of the state.
of amending the organic instrument of a state is peculiarly American. Although
many of the political and legal institutions take their origin from English.
The first amendment has become one-sided. According to C. Edwin Baker, the key
principle underlaying first amendment is the “respect for individual integrity
and autonomy… to use speech to develop herself or to influence or interact with
other in a manner that corresponds to her value.”2
of India Act 1935 was not provided with amending provisions because that power
was retained by the British Parliament itself. Any Constitution without
provision for Amendment will become extremely rigid. The US constitution and
Constitutions of other federations made provision for Amendment. Constitutional
democracies have had as rich and controversial an experience with the
constitutional amendment power as India. The formal amendment power is found in
Article 368 of the Indian Constitution.
Constitution provided for establishment of dual agencies for carrying out
federal and State laws, such as federal courts established in each State and a
federal executive operating in each state to enforce federal laws.
1 Constitutional Amendments In India By M. V. Pylee
2 Rediscovering a lost
freedom, The first Amendment right to censor unwanted speech by Patrick M.
Garry Page No. 31