Scribd
Upload
6 views4 pages

Unit Iv

Uploaded by

iamritumondal4222
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
6 views4 pages

Unit Iv

Uploaded by

iamritumondal4222
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

UNIT – IV

ELECTION PROVISION , EMERGENCY PROVISION,


AMENDMENT OF THE CONSTITUTION

ELECTION COMMISSION OF INDIA : -

Composition of the Election Commission


Article 324 of the Indian constitution has made some provisions regarding the
composition of the election commission. It includes the following –

 The President of India is in charge of appointing the Chief Election Commissioner and
the other election commissioners
 If any other EC is appointed, the CEC serves the role of the election commission’s
Chairman
 The President can appoint regional commissioners to assist the commission as well,
such as a commissioner can be appointed chiefly to look after the Karnataka election
commission
 The President decides the tenure of the office and conditions of service of all the
election commissioners

The Election Commission’s Powers


The Election Commission of India is a permanent constitutional body.

1. The constitution has given the election commission the power to direct and control the
entire conduct of elections in the country.
2. The commission looks after the elections to the offices of the President and the Vice-
President, state legislators, and the parliament. It can be divided into three categories –
Administrative, advisory, and quasi-judicial.
3. The election commission advises the President on whether elections should be held in a
state currently undergoing the President’s rule.

The Election Commission’s Functions


The functions of the election commission include, but are not limited to, the following –

1. The commission looks after the elections to the offices of the President and the Vice-
President, state legislators, and the parliament.
2. Scheduling the election timings to hold periodic and timely elections for general and by-
elections.
3. Deciding the spot of the polling stations, assigning voters to their polling
stations, a spot for counting centres, and making arrangements in the
polling stations and counting centres and other related matters.
4. To issue the Electronic Photo Identity Card (EPIC) and create the electoral
roll.

TYPES OF EMERGENCY GROUNDS : -

Here are some types of emergencies in India & their procedures,duration and their
effects:
 Financial emergency
The President can declare a financial emergency if a situation threatens India's
financial stability or credit. The proclamation must be approved by both houses of
parliament within two months. Once approved, there is no maximum period for the
emergency and it doesn't require repeated parliamentary approval.
 Constitutional emergency
This emergency arises when a state can no longer rule according to the
constitution. The duration of a constitutional emergency is two months. To proclaim a
constitutional emergency, the provision must be put before both houses of parliament
and approved by both.
 State emergency
The center is responsible for providing security to states from external aggression or
internal disturbance. In some cases, the President's rule is imposed in a state and the
state government is suspended.
 Effect on fundamental rights
When a national emergency is proclaimed, the six fundamental rights under Article 19
are immediately suspended.
 Revocation of proclamation
The President can revoke an emergency at any time with a subsequent proclamation
that doesn't require parliamentary approval. The Lok Sabha can also pass a resolution
to disapprove of the continuation of an emergency.

AMENDMENT OF THE CONSTITUTION : -


MEANING - The amendment of the Indian Constitution is the process of making
changes to the country's fundamental law, or supreme law. This process includes
adding, changing, or removing any provision of the Constitution. The purpose of
amending the Constitution is to ensure that it remains relevant and adaptable to
changing circumstances while upholding its fundamental values and principles.

The Constitution of India can be amended by introducing a Bill in either House of


Parliament. The Bill must then be passed by a majority of the total membership of each
House and by a majority of at least two-thirds of the members present and voting.

THE PROCEDURE FOR AMENDING THE INDIAN CONSTITUTION IS OUTLINED IN


ARTICLE 368 OF THE CONSTITUTION AND IS AS FOLLOWS:
 Introduce a bill
A bill to amend the Constitution can be introduced in either House of Parliament by a
minister or a private member.
 Pass the bill
The bill must be passed in each House by a special majority, which is a majority of the
total membership of the House and a majority of at least two-thirds of the members
present and voting.
 Get the President's assent
The passed bill is then presented to the President for assent.
 Ratify by state legislatures
If the amendment affects certain provisions, it must be ratified by the legislatures of at
least half of the states.
 Formulate as a statute
The amendment is formulated as a statute, with a long title such as "An Act further to
amend the Constitution of India".
Some amendments can be made with a simple majority, which is more than 50% of the
total number of members present and voting. For example, amendments to admit a new
state can be made with a simple majority.

THE INDIAN CONSTITUTION'S AMENDMENT PROCESS HAS SEVERAL


LIMITATIONS, INCLUDING: -
Procedure
The process for amending the Constitution is similar to the legislative process, with
only a few exceptions. The amendment procedure requires:
 A two-thirds majority in both houses of Parliament
 Ratification by at least half of state legislatures
 The President's approval
Basic Structure
The doctrine of Basic Structure limits the Parliament's amending power. This
doctrine was established in the 1973 Keshavananda Bharati case. The Supreme
Court has ruled that the Constitution's basic structure cannot be amended.
Conflicts between Parliament and the Supreme Court
The amending power of the Constitution is limited when the Supreme Court and
Parliament disagree. The Supreme Court wants to restrict Parliament's power, while
Parliament wants to exercise it.
Lack of a special body
There is no special body, like a Constitutional Assembly, to amend the
Constitution.
Lack of a joint sitting
There is no provision for a joint sitting of both houses of Parliament for a
constitutional amendment bill. This can lead to deadlocks.
Lack of flexibility
Critics argue that the amendment procedure is too rigid and should be more flexible
to address societal changes.

………..…………BY ABHINABA SIR

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy