Article Review - Amendment Of Constitution Process

Sonakshi Desai, LL.M., Symbiosis Law School, Pune

INTRODUCTION

The amendment procedures of the Indian and U.S. Constitutions reflect their distinct political and historical contexts. India’s Article 368 provides a flexible yet partly rigid process, allowing frequent changes, while the U.S. Constitution's Article V follows a more rigid and complex procedure, resulting in fewer amendments over time.

Article Reviewed:

“Sandeep Kumar and Shivika Sood, (2021). Article 368 vs. Article V- A Guide to the Amendment Procedure of Constitution of India & United States.”

SUMMARY

This research analyzes the procedure of amendment to both Indian and United States constitutions toward their respective political and legal contexts. It points out that changing socio-political incidents require adjustment through constitutional alteration while being resistant and inflexible with it. The Constitution of India offers a liberal but limited approach toward modification while adjusting to changing demands without obliterating the power of Parliament. On the other hand, the United States Constitution is a more rigid process because it has only adopted 27 amendments since its adoption in 1789, which is a conservative approach to constitutional modification as affected by historical factors. Article 3682 provides for amending the Constitution through a combination of rigidity and elasticity.