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Amending power under the coustitution of India

By: Material type: TextTextPublication details: New Delhi; Eastern; 1990Description: 358 pISBN:
  • 8171770126
Subject(s): DDC classification:
  • 342.03 RAM
Summary: A constitution is a living document, a people's charter, having to do with human society. As such, it has always to remain apposite to the emerging societal needs and aspirations. It is in the logic of the situation that a democratic constitution ought to lend itself to change in the interest of the people who are the ultimate sovereign. Therefore, by implication, there can be no immutability about the constitution of a democratic society; otherwise, a state may come when the people may feel forced to seek relief through extra constitutional means or even overthrow the constitution. Within this conceptual framework, here an attempt has been made to thoroughly examine the amending power under the Constitution of India. The work offers an indepth study of constitutional conundrum and raises several important constitutional issues What is a constitution? What is its purpose in a democracy? What is the need for amending power in a constitution? What was the intention of the founding fathers in conferring it on Parliament? What is the scope of judicial review vis-a-vis the constituent power of Parliament?
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A constitution is a living document, a people's charter, having to do with human society. As such, it has always to remain apposite to the emerging societal needs and aspirations. It is in the logic of the situation that a democratic constitution ought to lend itself to change in the interest of the people who are the ultimate sovereign. Therefore, by implication, there can be no immutability about the constitution of a democratic society; otherwise, a state may come when the people may feel forced to seek relief through extra constitutional means or even overthrow the constitution. Within this conceptual framework, here an attempt has been made to thoroughly examine the amending power under the Constitution of India.

The work offers an indepth study of constitutional conundrum and raises several important constitutional issues What is a constitution? What is its purpose in a democracy? What is the need for amending power in a constitution? What was the intention of the founding fathers in conferring it on Parliament? What is the scope of judicial review vis-a-vis the constituent power of Parliament?

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