The Limitation on Amendments to Constitution of India

Authors

  • A.M. Henriques

Keywords:

Basic structure doctrine, supreme court, Indian polity, hierarchical

Abstract

Purpose: The Paper aims to put into focus that the basic structure doctrine of the ideology of constitutionalism is not only a binding precedent in law but an expression of the basic features of the constitution of India which have stood the test of time to keep the nation together in peace and harmony. Methodology: Critical Analysis and discussion on principles put into interpretation. Findings: The country cannot afford the dilute the basic structure doctrine as set out by the Supreme Court as the same represents the very foundation of the Indian polity

References

Hans Kelsen “General Theory of Law and State “

Kelsen in” The function of the Constitution”

AIR 1973 SC 1461

AIR 1951 SC 455

AIR 1967 SC 1643

AIR 1980 SC 1789,

Supreme Court Advocates on Record v/s Union of India. AIR 2015 SC 5457,

VKS Puttuswamy v/s Union of India. 2017 10 SCC 1

S R Bommai v/s Union of India. 1994 3 SCC 1

Published

2023-10-04

How to Cite

A.M. Henriques. (2023). The Limitation on Amendments to Constitution of India. Journal of Constitutional Law and Jurisprudence, 6(2), 80–82. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1397

Issue

Section

Federalism and Constitutional Issues

Categories