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Constitution: As A Living Document

Question
CBSEENPO11021666

What do you mean by 'technical amendments'? Give some examples of technical amendments effected in the constitution.

Solution

The amendments which are clarifications, explanations and minor modifications of the provisions of the constitution are called technical amendments. Although these are amendments in the legal sense, they make no substantial difference to the provisions.

The 15th amendment that increased the age of retirement of High Court, judges from 60 to 62 years, 55th amendment, increasing the salaries of judges of High Courts and the Supreme Court are examples of such amendments. The amendments that have been effected every ten years in the provision regarding reserved seats in the legislature for scheduled castes and scheduled tribes, are only technical amendments as there have not made any difference to the original position. The amendments effected in the Article 74(1) of the constitution to clarify that the advice of the Council of Ministers will be binding on the President (President shall act in accordance with the advice of the Council of Minisers was also a technical amendment. In original constitution, it was assumed in our parliamentary government, the President shall normally abide by the advice of the Council of Ministers. So this amendment did not make any difference because, that is exactly what has been happening all through.