Talk:Part I of the Constitution of India
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Article 4
[edit]I am deleting the Article 4 editor's theory that the 24th amendment voided Article 4 (2) et al.
The Court did not even mention the 24th amendment or 4 (2) in A.K. Roy, the editor's source for the definition of constituent power, which the editor misquotes as "power to make amendments, variations or deletions to the constitution". The actual quote is more specific and truer to the language of 368 (1): "the power to amend *any* provision of the constitution by way of an addition, variation or repeal." Article 4 confers no such power, only the power to amend *certain* provisions.
In Kesavananda, the editor's other source, the Court says repeatedly that "amend" means different things in different places and explicitly contradicts the editor:
"…the Constitution can be amended not only under Article 368 but also under Article 4, Article 169, Paragraph 7 of Schedule V and Paragraph 21 of Schedule VI. Amendments under these provisions can be effected by Parliament by a simple majority vote…" (665) Pennythugginit (talk) 04:38, 7 December 2021 (UTC)
English
[edit]Constitution of india 2409:40C2:111:3FA8:8000:0:0:0 (talk) 03:09, 26 December 2024 (UTC)