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Parliament ‘S Competence To Amend The Constituition




Sofia Saini & Dr Dev Prabhakar


ABSTRACT


‘This variety in the amending process is wise but rarely found’

- KC Wheare


One of the world's most fascinating and captivating documents is the Indian Constitution. The longest constitution in the world, the Indian Constitution, provides a worldwide framework for governing and leading the nation while taking into account its social, cultural, and religious diversity. The founders of our Constitution made the constitution flexible for a reason. This is to guarantee that the text develops and grows with the country. The authors of the constitution intended for it to be flexible and dynamic rather than inflexible. Thus, the constitution grants Article 368. However, the fact that the parliament has complete authority to change the constitution is concerning since it might be utilized to create a parliament that is authoritarian. Even while this idea causes anxiety and irritation, it is not far from reality. In a number of amendments, including the 39th Amendment, the government has attempted to create a state in which the legislative branch is in charge. As a result, the judicature established the Doctrine of Basic Structure of the Indian Constitution through a number of historic decisions, and it has also put a countercheck on the legislatures by acting as the watchdog over the legislature's amending powers. This protects the Indian Constitution integrity and limits the Parliament's capricious authority.


Keywords: Constitution, Amendment, Parliament, Supreme Court, Basic structure.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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