Reading The Constitution’s Soul: Case Law Perspectives On Constitutional Amendments And Their Judicial Fate
- IJLLR Journal
- Aug 5
- 2 min read
Anamika Gautam, PhD Scholar, Department of Law, Central University of Punjab, Bathinda.
Dr. Sukhwinder Kaur, Associate Professor, Department of Law, Central University of Punjab, Bathinda.
Diganta Sarania, PhD Scholar, Department of Law, RIMT University, Punjab.
ABSTRACT
The dynamic nature of law suggests its ability to provide for the changed circumstances in the future. And the Constitutional Law, which is the supreme law of the land, must be able to adapt itself to the changing life of the society. In that sense only, the Constitution is considered a ‘Living law.’ In that context, the power of Amendment and the scope of Judicial Review become essential features of constitutional law. Through the lens of Constitutionalism, these two are not mutually exclusive, rather a complementarity, a harmony exists between these two concepts; which ultimately impinges upon the existence of certain fundamental principles for the smooth governance of the nation. These principles are so very innate to the social fabric of the nation that they have found their place not just in the Preamble of The Constitution, but have been time and again reiterated by the judicature under the ‘Theory of Basic Structure’.
Theory of Basic Structure has established a system of checks against the amending powers of the parliament, so that the core elements of the social fabric can be preserved against any unfettered exercise of constituent powers aiming to robe the Indian society of its Constitutionalism. The ‘Basic Structure’ has not been exactly defined but its constituents as pronounced by the judiciary over time have reiterated the scope of the constitutional framework within which the state and its instrumentalities must restrict their actions. Some of the constituents as mentioned in the Keshavananda Bharti judgment, are the Rule of Law, Sovereignty, Federal and Republic nature of India, Judicial Review, Separation of powers, Secularism, Dignity and Freedom of Individual, and Fundamental Rights, etc. These phrases are not mere words, but they are intertwined concepts essential in the very governance of the nation.
Keywords: ‘Basic Structure’, ‘Rule of Law’, ‘Separation of Powers’, ‘Fundamental Rights’, ‘Constitutionalism’.
