THE BASIC STRUCTURE DOCTRINE AND THE POWER TO AMEND THE CONSTITUTION IN INDIA: A COMPARATIVE ANALYSIS
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https://doi.org/10.55662/Keywords:
Constitution, Amendment, Restrictions, Democracy, Essence, Common LawAbstract
The Indian Constitution is the longest written Constitution in the world and consists of 448 articles, which are grouped into 25 parts. With 12 schedules and five appendices. The Indian Constitution is the supreme law of the country and thus is basis of all governance in the country. The Constitution is the safeguard of the rudimentary character of the modern Indian democracy. The legislature in India is responsible for formulating new laws, amending the old ones and in some cases squashing irrelevant ones. The amendability of the Constitution clearly raises the issue of there being a chance of misuse of powers given to the government in order to destroy the democratic values of the nation. This paper tends to look into the evolution of restriction on the amending powers of the Constitution given to the government and compare them to other common law countries.
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