Constitution: Amended it Stands?
Shouvik Kumar Guha & Moiz Tundawala
Volume 1 Issue 3 (2008)
Unlike almost all legislative creations, the Constitution of a nation is intended to provide an enduring instrument to serve through aeons of time without frequent revision. Yet it is true nonetheless that the very purpose for its formation is to meet the needs of all generations alike, past, present or future. Fulfilment of such lofty goals cannot be dreamt of unless the constitutional text is subjected to modifications designed to meet the needs of the day. Any amendment to the ‘fundamental law of the land’, that is, the Constitution obviously has significant ramifications on the institutional structure of the nation. This article attempts to explore the reach of the amending power, its need thereof, its position vis-à-vis constituent power and the reason why it should be subjected to certain restrictions like the one that the Indian judiciary had attempted through the evolution of the Basic Structure Doctrine.