Article 368 vs. Article V- A Guide to the Amendment Procedure of Constitution of India & United States

  • Sandeep Kumar and Shivika Sood
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  • Sandeep Kumar

    Advocate at Punjab and Haryana High Court, Chandigarh, India

  • Shivika Sood

    Advocate at Punjab and Haryana High Court, Chandigarh, India

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Law, being a ubiquitous one is necessary to understand as it tells us about the various aspects of the society. Indian Constitution being one of the lengthiest constitutions is the supreme source of law. American constitution, on the other hand is the first written constitution. India and USA, two of the world’s largest and oldest democracies are governed with their written constitutions. Amending the laws as per changing times is the need of the hour. With the rising uncertainty in today’s world, amendments become necessary to keep up with the fast growing pace of the society and to keep in touch with the growing needs of the individuals so as to bring peace and harmony among them. Amendments also pave ways for political advancements and economic development of the country. In this research paper, we will be pondering upon the amendment procedure with respect to India and USA. Although the two documents are similarly progressive in character and personality, there is a vast gulf of history and context that separates these two. India is an indestructible union of destructible states having a blend of rigid as well as flexible amendment process. Similarly, USA being an indestructible union of indestructible states, their amendment process is quite onerous one. Concentrating on the needs of amending the constitutions, and as to how flexible should the amending procedure be is the basic objective of this paper. It is right to quote that,’ India did not replicate the US Constitution; it took what worked for it and no more’. This paper aims at discussing the fast changing needs of the society because of which the Constitution needs to be amended to meet the needs of the political society. Amendment procedures, even though require a large amount of ratifications, are necessary for the society to develop.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 2666 - 2680


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