Wadhwa and Company Nagpur-leading Law Book Publishers and Law Book Sellers in India

ABOUT US

BOOKS

DISTRIBUTORS / DEALERS

ALLIANCES

REGISTRATION

YOUR SUGGESTIONS

SITEMAP

index

	Home

Book Details

Your cart contains 0 items.

ASHOK DHAMIJA

NEED TO AMEND A CONSTITUTION AND DOCTRINE OF BASIC FEATURES

1st Edition 2007

A comprehensive, comparative and analytical study of the theory, nature, law and practice of Constitutional Amendments, need to amend a Constitution, and the doctrine of Basic Features of the Constitution, with reference to the amending clauses in 160 constitutions the world over, and with special reference to the Constitution of India

Economy Paper Back

Constitution of a country is the basic or the fundamental law of that country. It deals with the structure, composition, powers and functions of the fundamental or the apex organs of the country, such as legislature, executive, judiciary and the like. It may also deal with many other important topics, e.g., rights of the citizens.

ike almost all other things in life, Constitution of a country also cannot be static. As the times are not static and the life of a nation is dynamic, living and organic, its political, social and economic conditions change continuously. Social needs and ideals change from time to time. Therefore, it is quite possible that a Constitution drafted in one era and in a particular context by a particular generation, may be found to be inadequate or obsolete in another era and in another context by another generation. It thus becomes necessary to have some sort of mechanism by which the Constitution of a country may be adapted from time to time in accordance with the contemporary needs, expectations and aspirations of the future generations.

Accordingly, all constitutions of the world provide for some or the other method for their amendment. Irrespective of whether such a method of amendment is very difficult or very easy, the fact remains that almost every Constitution provides for at least some method for its amendment. A Constitution adopted by one generation in a particular political context and value system, may thus be found to be inadequate or even perverse by a future generation in another political context and value system. A future generation, in the exercise of its rights and in the interest of its requirements, may therefore need to change the provisions of the Constitution in a proper and peaceful manner to make it suitable to its requirements, expectations and aspirations. Obviously, the amending clause in a Constitution must be capable of fulfilling this requirement.

This study originated with this objective in view, to make a comparative study of different constitutions in the world, to make a detailed study of the whole subject, and to make some humble suggestions for resolving the said conflict relating to the amendment of the said basic features of the Constitution of India on the basis of the detailed analysis to be so made in this study. The amending clauses of a total of 160 constitutions of the world have been studied for the purposes of this study in a comparative and analytical manner. Various aspects of the constitutional amendment, relating to its theory, nature, law and practice, have been studied in detail. The doctrine of basic features of the Constitution has been scrutinized in a comprehensive, analytical and critical manner.

Grant of an amending power to the future generations which can only make inconsequential changes to the Constitution but which cannot amend some basic features of the Constitution, is not at all a satisfactory solution. What the future generations will require more is the amendment of the basic features of the Constitution because only that can meet their aspirations and requirements, if at all needed. It is only the non-amendability of the basic features of the Constitution which can lead to a revolution and not of the inconsequential provisions. Allowing the future generations with the power only to make inconsequential changes in the Constitution and not the real ones even if they need, would mean as if they are being placated with toy weapons while the real weapon is buried deep inside the graveyards of the dead people of the older generations. - The Author

Price : Rs.495.00

£50.00

$100.00(US)
Pages 600 (approx.)

Your cart contains 0 items.

Printable Version

Go to top