Need
The Constitution of India & its provisions are framed keeping in mind the need of an efficient,smooth & effective system of governance along with socio-economic development of India post independence. Given the complexity & dynamism of this vast land , a separate Article was kept to allow the Constitution to adapt to the changing needs with passing time.
Article 368 gives power to the Parliament to amend the Constitution along with the procedure. There are possibly three ways to amend the constitution . Two,within the scope of Article 368 and one outside it.
Article 368 gives power to the Parliament to amend the Constitution along with the procedure. There are possibly three ways to amend the constitution . Two,within the scope of Article 368 and one outside it.
Critics,at times,have criticised the amending procedures under the following grounds :
1) In absence of a special body like the Constitution convention(as in USA) , the Parliament enjoy the absolute power and hence their is a danger of it acting like an authoritarian.
2)Major part of the Constitution can be easily amended by a special or a simple majority.
3)Only Parliament can propose a bill to initiate an amendment .
4)In the scenario of a deadlock over the passage of a bill , there is no provision for a joint sitting of the two houses of the Parliament.
Thus, as evident, the Parliament enjoys a supreme hand when it comes to matters concerned to amendment . Hence, the role of Supreme Court ,as guardian of the Constitution , become crucial through the checks it performs on the arbitrary power of the Parliament.
The Parliament ,in all its wisdom , might find a current law or provision unsuitable for the current times & thus might go for an amendment . The chances of such an amendment to sail through is on higher side if the party enjoys an absolute majority or if can take all or majority of the legislators into confidence . In such a scenario , there are greater chances that the Parliament might infringe onto the Fundamental rights of the citizens or Federal structure of the country . Herein comes the part of Supreme court , who is the interpreter of the Constitution & is shouldered to hold the supremacy of the Constitution. Thus, enjoying the Appellate jurisdiction in case of constitutional matters. One of the well known example in this regard is the Kesavananda case (1973) , where the court gave a landmark ruling.
The chances of a occurrence as above is predominant when a single party enjoys absolute majority like the Congress in 60s & 70s , but in the current era of coalition politics , it is unlikely to happen.Still, statistically it stand a chance.
There is a decent probability of an scenario to emerge where the amendment thus resulting out of Parliamentary deliberations might resolve to an interpretation which is incoherent with the law prevailing . In situations like this , the highest court of appeal, must step in to provide the right direction.
The founding fathers of the country had a vision for the country which gets reflected through the different aspects & components of the Constitution and it is upon the legislature to take it forward with the highest court of the country,Supreme Court, acting as a guiding force by keeping the spirit of the constitution intact.
1) In absence of a special body like the Constitution convention(as in USA) , the Parliament enjoy the absolute power and hence their is a danger of it acting like an authoritarian.
2)Major part of the Constitution can be easily amended by a special or a simple majority.
3)Only Parliament can propose a bill to initiate an amendment .
4)In the scenario of a deadlock over the passage of a bill , there is no provision for a joint sitting of the two houses of the Parliament.
Thus, as evident, the Parliament enjoys a supreme hand when it comes to matters concerned to amendment . Hence, the role of Supreme Court ,as guardian of the Constitution , become crucial through the checks it performs on the arbitrary power of the Parliament.
The Parliament ,in all its wisdom , might find a current law or provision unsuitable for the current times & thus might go for an amendment . The chances of such an amendment to sail through is on higher side if the party enjoys an absolute majority or if can take all or majority of the legislators into confidence . In such a scenario , there are greater chances that the Parliament might infringe onto the Fundamental rights of the citizens or Federal structure of the country . Herein comes the part of Supreme court , who is the interpreter of the Constitution & is shouldered to hold the supremacy of the Constitution. Thus, enjoying the Appellate jurisdiction in case of constitutional matters. One of the well known example in this regard is the Kesavananda case (1973) , where the court gave a landmark ruling.
The chances of a occurrence as above is predominant when a single party enjoys absolute majority like the Congress in 60s & 70s , but in the current era of coalition politics , it is unlikely to happen.Still, statistically it stand a chance.
There is a decent probability of an scenario to emerge where the amendment thus resulting out of Parliamentary deliberations might resolve to an interpretation which is incoherent with the law prevailing . In situations like this , the highest court of appeal, must step in to provide the right direction.
The founding fathers of the country had a vision for the country which gets reflected through the different aspects & components of the Constitution and it is upon the legislature to take it forward with the highest court of the country,Supreme Court, acting as a guiding force by keeping the spirit of the constitution intact.
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