Impact Of Constitutional Amendments On The Expansion Of Rights In India: A Critical Analysis
Avinash Kumar Bharti, The ICFAI University, Jharkhand
Sachi Srivastava, The ICFAI University, Jharkhand
ABSTRACT
This research explores the evolution and impact of constitutional amendments in India, focusing on their role in expanding and sometimes constraining fundamental rights. The study critically examines key amendments such as the 42nd, 44th, 73rd, and 103rd, highlighting their historical context, political motivations, and judicial responses. Through a doctrinal and analytical methodology, it traces the interplay between constitutional flexibility and the doctrine of basic structure as laid down in Kesavananda Bharati and its reaffirmation in subsequent judgments. The paper further undertakes a comparative analysis with constitutional amendment mechanisms in the United States and Germany to underline the unique trajectory of Indian constitutionalism. It concludes that while amendments have enabled progressive inclusion and social justice, they have also sparked tensions between parliamentary supremacy and constitutional morality. The findings suggest a dynamic constitutional culture in India one that is transformative yet tethered to foundational values.
Keywords: Constitutional Amendments, Fundamental Rights, Basic Structure Doctrine, Indian Constitution, Judicial Review, Social Justice, Parliamentary Supremacy, Constitutional Morality, Comparative Constitutional Law, Legal Reform
