Judicial Trend With Respect To Amendability Of Fundamental Rights In The Constitution Of India With Special Reference To The Case Of Sankari Prasad Singh Deo V. Union Of India
Jasimeen Sharma, Vivekananda Institute of Professional Studies
ABSTRACT
The present paper focuses to analyse the insertion of several provisions in the Constitution of India to not only protect Right to Property as a Fundamental Right but at the same time to provide enough room to enact as well as to preserve the constitutional validity of land legislative reforms in order to prevent exploitation of small farmers and peasants at the hands of big landlords. The focus will then shift to examine circumstances that led to the tussle between the two limbs of the government i.e. the legislature and the judiciary to assert dominance in the sphere of establishing land agrarian regime and how both the limbs were involved in an attempt to nullify the decision of one another. The discussion then moves towards the distinction drawn between ordinary legislative power and power to amend the provisions of the Constitution; whether the Parliament is empowered to introduce amendments to the provisions of Part- III or these provisions are immune from any interference.
Keywords: Right to property, Constitution, Fundamental Rights, legislative power, amendments.
