Article 368 of the Constitution provides for the procedure by which the Constitution may be amended. Clause (2) of Article 368 is extracted below: “Power of Parliament to amend the…
Part XXI which was titled “Temporary and Transitional provisions” when the Constitution was adopted in 1950, the Chapter heading was substituted by its present form – “Temporary, Transitional and Special…
On 17 October 1949, the Constituent Assembly took up draft Article 306A. Draft Article 306A corresponded to Article 370 of the Constitution. Shri N Gopalaswami Ayyangar In introducing the Article,…
Internal Constitutions of States The Draft Constitution of India 1948 provided that India shall be a “Union of States”. The term “State” included Part I, Part II, Part III states…
Accession of Jammu and Kashmir The British Parliament enacted the Indian Independence Act 1947. In terms of Section 1(1) of the Act, two independent Dominions – India and Pakistan were…
Powers of the Legislature of the State There are two competing interpretations to the phrase “powers of the Legislature of the State”. It could be read expansively to include “all”…
The argument of ‘irrevocability’ Article 357(1)(a) stipulates that it shall be competent for Parliament to confer on the President the ‘power to make laws’ as well as the power to…
Article 356 of the Indian Constitution stipulates that when the President is satisfied that a situation has arisen in which the government of the State cannot be carried out in…
Part XVIII of the Constitution deals with two types of emergencies, national emergencies, and the failure of constitutional machinery in a State. The invocation of a national emergency under Article…
Article 355 provides that it is the duty of the Union to protect every State against external aggression and internal disturbance, and to “ensure that the government of every State…
