Open Access Research Article

THE CONSTITUTIONAL AMENDMENTS THAT CHANGED THE COURSE OF INDIA (By- Nirupama Mahapatra & Kriteeka Agrahari)

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Author Name: Nirupama Mahapatra Kriteeka AgrahariTitle: THE CONSTITUTIONAL AMENDMENTS THAT CHANGED THE COURSE OF INDIA Kriteeka AgrahariEmail Id: Nirupama Mahapatra- mahapatra.pooja21@gmail.com Kriteeka Agrahari- kritikaagrahari594@gmail.com
Journal IJLRA
ISSN 2582-6433
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Abstract

The constitution is the fundamental law within which the government must operate. Through various amendments the constitution of India has developed several distinctive features. India has a parliamentary democracy and it provides fundamental rights which are justifiable. The Directive Principles of state policy give a concrete shape to the welfare concept. The preamble of the constitution sets out the aim and aspirations of the people of India and these have been translated into various provision of the constitution as a welfare state as India is committed to the welfare and development of the state. Social scenarios are always changing.Hence, every constitution needs amendment because these amendments are like updates as they fix the issues, add new features which are needed, and remove features which are no longer relevant. It is important as they protect our one of the most important freedoms and make us to overcome with the hurdles or shortcomings in the future.
One such case regarding the 99th amendment was of Supreme Court advocate on record association, which was held unconstitutional as it violated the’ Basic Structure’ of the constitution because it compromise judicial independence. This judgment does not make a persuasive case as to why the constitution requires judicial primacy in appointments. The constitutional texts and constitutional assembly debates also failed to provide any support for this position. It also fails to explain how judicial primacy forms a part of the unamendable Basic Structure. The judgment does not explain why judicial primacy promotes or secures judicial independence. The NJAC judgment represents the Indian judiciary’s reluctance to seed its supremacy to the executive and legislative branches. With reference to constitutional Assembly debates several member of constituent assembly proposed amendment to the provision of draft article 103 which closely resembles the present article 124 regarding the judicial appointment process.
Dr. B. R Ambedkarsaid that there could be no question that the judiciary must me both “Independent of the executive” and yet competent in its own right. In the NJAC judgment the Supreme Court largely relied on Ambedkar in its analysis of the term ‘consultation’. However, Ambedkar’s statements do not support that ‘consultation’ essentially requires the president to follow the ‘Chief Justices’ advice.
Justice Khehar was of the view that Ambedkar was skepticalof proposal that vested appointment authority solely in the executive or jointly in the executive and legislature because of the political influence.
In contrast the finance minister back then was of the opinion that Doctrine of basic structure including elected government and parliament’s sovereignty, cannot be ‘dismantled’ to save only independence of judiciary and favored reconsideration of the verdict.

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Author Details

Author Name: Nirupama Mahapatra & Kriteeka Agrahari
Title: THE CONSTITUTIONAL AMENDMENTS THAT CHANGED THE COURSE OF INDIA 
DOI Link:  https://www.doi-ds.org/doilink/05.2022-28581163/Nirupama Mahapatra & Kriteeka Agrahari
Email Id: Nirupama Mahapatra- mahapatra.pooja21@gmail.com & Kriteeka Agrahari- kritikaagrahari594@gmail.com

Article Information

THE CONSTITUTIONAL AMENDMENTS THAT CHANGED THE COURSE OF INDIA (By- Nirupama Mahapatra & Kriteeka Agrahari)

Authors: Author Name: Nirupama Mahapatra, Kriteeka AgrahariTitle: THE CONSTITUTIONAL AMENDMENTS THAT CHANGED THE COURSE OF INDIA, Kriteeka AgrahariEmail Id: Nirupama Mahapatra- mahapatra.pooja21@gmail.com, Kriteeka Agrahari- kritikaagrahari594@gmail.com

  • Journal IJLRA
  • ISSN 2582-6433
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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
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