Plenary Power of Amendment Under Constitution

Authors

  • Fateh Khan
  • Jaffar Khan
  • Aftab Khan

Keywords:

Fundamental rights, amendment, directive principle of state policy

Abstract

The Indian Constitution, drafted by Dr. BR Ambedkar, is the supreme law of the country and is known for its vastness and incorporation of India’s traditions, history, geography, and cultural diversity. The Constitution is the largest-written Constitution in the world and was created over the course of about 2 years, 11 months, and 18 days. The Constitution is based on the principle of “rule of law, which is well-embedded in Article 13 of the Indian Constitution. The Constitution gives power to the legislative, executive, and judiciary branches and provides citizens with certain rights to live with equality, freedom, dignity, and protection from exploitation, as well as the right to constitutional remedy for enforcement of fundamental rights. Part 3 of the Constitution deals with the fundamental rights of citizens, which are guaranteed by six broad categories of fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies. The Constitution also includes Part 4, which deals with directive principles of state policy, and Part 20, which deals with the amendment of the Constitution. Any changes made in the Constitution affect the power of any branch and its citizens. Therefore, to understand the contradictions, one must understand Article 13, Part 3, Part 4, and Part 20 of the Constitution. The Constitution is the world’s largest written constitution and took approximately 2 years, 11 months, and 18 days to complete. These features form the basic structure of the Constitution and include principles such as democracy, rule of law, secularism, and judicial independence. Reexamining the fundamental structure doctrine has been a topic of debate and discussion, with some contending that doing so would interfere with democracy by restricting the parliament’s ability to amend the Constitution. According to some, the doctrine of fundamental structure is essential for protecting the foundational principles of the Constitution from being altered in a way that undermines their integrity and core values.

References

Bhambhri, C. P. (2008). Basic Structure of the Constitution. Deep & Deep Publications.

Jain, M. P. (2013). The Basic Structure Doctrine. Universal Law Publishing.

Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.

Menezes, C. R. (2017). Basic Structure Doctrine: A Critical Analysis. LexisNexis.

V.D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History by Sumeet Malik, 12th ed. (2019)

The Constitution of India

Indian Constitutional Law by M. P. Jain (2020)

A.G. Noorani, The Judiciary and the Executive: A Study in Constitutional Relations (Oxford University Press, 2001)

Published

2023-05-05

How to Cite

Khan, F. ., Khan, J. ., & Khan, A. . (2023). Plenary Power of Amendment Under Constitution. Journal of Constitutional Law and Jurisprudence, 6(1), 109–119. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1246

Issue

Section

Federalism and Constitutional Issues

Categories