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Discuss the role of judicial review in the context of constitutional amendments. To what extent can the courts scrutinize the constitutional validity of an amendment passed by the Parliament?
Judicial reviews are a challenge to a decision made.It promotes review of lawfulness of a decision or action taken by a public authority. It is the power of courts to examine the actions of legislature, executive and administrative bodies of government to upheld the constitution of the country . WheRead more
Judicial reviews are a challenge to a decision made.It promotes review of lawfulness of a decision or action taken by a public authority.
It is the power of courts to examine the actions of legislature, executive and administrative bodies of government to upheld the constitution of the country .
When it comes to amendments,it is the duty of courts to uphold the rule of law .A major example is of Kesavananda Bharti case vs State of Kerala (1970) where the constitutional validity of 24th,25th and 29th amendment was challenged.
In Golak Nath Vs State of Punjab is another example.
The Parliament under Article 368 can amend any part of the Constitution including Fundamental rights but without affecting the Basic Structure of the constitution.
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