LEGISLATUE, EXECUTIVE & JUDICIARY V. TIME COUNT VIS-À-VIS INDIAN CONSTITUTION

Abstract

he constitution of India is the supreme law of the land, which is fundamental in the governance of India. It should be able to adapt itself to the changing needs of the society. Sometimes under the impact of new powerful social and economic forces, the pattern of government will require major changes. Keeping this factor in mind the Draftsman of the Indian Constitution incorporated Article 368 in the Constitution which dealt with the procedure of amendment. Due to Article 368 the Indian Constitution can neither be called rigid nor flexible but in fact it is partly rigid and partly flexible. The three wings of government competed among themselves to defeat the purpose of the Constitution by committing mockeries in every meadow. Yet, on close examination it will be seen that there were compelling circumstances which led to the Constitutional amendments. While some amendments were a natural product of the eventual evolution of the new political system established under Constitution in 1950, there were others necessitated by practical difficulties. The first Amendment took place in June, 1950. The question whether Fundamental Rights can be amended under Article 368 came for consideration of the Supreme Court in Shankari Prasad v. Union of India1 . It challenged the validity of first Amendment to the Constitution.