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The Debate around the Inclusion of the Amendatory Power within the Basic Structure of the Constitution The debate around the inclusion of the amendatory power under Article 368 within the basic structure of the Indian Constitution is a complex and long-standing one, with arguments on both sides. ArgRead more
The Debate around the Inclusion of the Amendatory Power within the Basic Structure of the Constitution
The debate around the inclusion of the amendatory power under Article 368 within the basic structure of the Indian Constitution is a complex and long-standing one, with arguments on both sides.
Arguments in Favor of Including the Amendatory Power within the Basic Structure:
Preserving the Fundamental Character of the Constitution: Proponents argue that the ability to amend the Constitution is a fundamental feature that shapes the character and identity of the Constitution. Excluding it from the basic structure could undermine the Constitution’s integrity and stability.
Preventing Arbitrary Amendments: Incorporating the amendatory power within the basic structure could prevent arbitrary or unchecked amendments that could undermine the core principles and values enshrined in the Constitution.
Ensuring Meaningful Deliberation: Treating the amendatory power as part of the basic structure would require a higher threshold for constitutional changes, ensuring more meaningful deliberation and consensus-building.
Safeguarding the Constituent Power: The argument is that the constituent power, which is the ultimate source of the Constitution’s legitimacy, should not be restricted or diminished by excluding the amendatory power from the basic structure.
Arguments Against Including the Amendatory Power within the Basic Structure:
Flexibility and Adaptability: Opponents argue that excluding the amendatory power from the basic structure would allow for the Constitution to be more flexible and adaptable to changing societal and political needs.
Preventing Constitutional Ossification: Limiting the amendatory power could lead to the Constitution becoming ossified and unable to respond to evolving circumstances, undermining its relevance and legitimacy.
Respecting the Will of the People: There is an argument that the people, through their elected representatives, should have the power to amend the Constitution, and that this power should not be unduly restricted.
Judicial Overreach: Concerns have been raised that including the amendatory power within the basic structure could be seen as judicial overreach, as it would place significant limitations on the Parliament’s constitutional amending power.
The Courts’ Approach to the Issue:
The Supreme Court of India has had a complex and evolving approach to the issue of the amendatory power and the basic structure doctrine.
In the Kesavananda Bharati case (1973), the Court held that the Parliament’s amending power under Article 368 was subject to the basic structure doctrine, meaning that certain core features of the Constitution could not be amended.
However, the Court did not explicitly include the amendatory power itself within the basic structure.
In subsequent cases, such as the Minerva Mills case (1980) and the Kihoto Hollohan case (1992), the Court has further elaborated on the relationship between the amendatory power and the basic structure.
The Court has generally upheld the view that the basic structure doctrine applies to the exercise of the amendatory power, but it has not provided a definitive and comprehensive resolution to the debate.
The debate continues, with legal scholars and constitutional experts offering different perspectives on the appropriate balance between the need for constitutional flexibility and the preservation of the Constitution’s fundamental character and values.
The UPSC Civil Services Examination Syllabus The UPSC Civil Services Examination is conducted in three stages: Preliminary, Mains, and Interview. The syllabus for each stage is as follows: UPSC Preliminary Examination Syllabus General Studies Paper I: This paper tests the candidate's knowledge on cuRead more
The UPSC Civil Services Examination Syllabus
The UPSC Civil Services Examination is conducted in three stages: Preliminary, Mains, and Interview. The syllabus for each stage is as follows:
UPSC Preliminary Examination Syllabus
UPSC Mains Examination Syllabus
Recent Updates in the UPSC Syllabus
Conclusion
See lessThe UPSC Civil Services Examination syllabus is comprehensive and covers a wide range of subjects, testing the candidate’s knowledge, skills, and aptitude. UPSC Mains aspirants should stay updated on current affairs and continuously revise and strengthen their understanding of the core subjects covered in the syllabus.