Contitution of India
CHAPTER - 1
Introduction
George Bernard Shaw in “Intelligent Woman’s Guide to Socialism” has said:
“The institutions under which we live are being changed continually by the Parliament, because we are never satisfied with them. Sometimes they are scrapped for new ones; sometimes they are altered; sometimes they are done away with as nuisances. The new ones have to be stretched in the law courts to make them fit, or to prevent them fitting to well if the judges happen to dislike them.” The life of a state is vibrant and in order to facilitate the ever dynamic developments and needs of society, its economic, social and political conditions mutate continuously. So, a Constitution drafted in one context at a particular time may prove inadequate at a later stage. Every Constitution has some method of amendment whereby a provision is modified by way of addition, deletion or correction so as to suit the needs of the present. Provisions for the amendment of the Constitution are made with a view to overcome the difficulties which may encounter in future in the effective working of the Constitution. The framers of the Constitution were keen to avoid excessive rigidity and wanted it to a bit flexible. They wanted to have a document that could grow with a growing nation and adapt itself to the ever changing needs of people. Oxford’s Dictionary of Law says “Amendment means changes made to legislation, for the purpose of adding to, correcting or modifying the operation of the legislation.” Black’s Law Dictionary defines ‘Amendment’ as “A formal revision or addition proposed or made to a statute, Constitution, pleading, order, or other instrument” AND “In Parliamentary law, it means a ‘motion that changes another motion’s wording by striking out text, inserting or adding text, or substituting text”. But Keshavananda Bharti V. State of Kerela provided the best explanation as to the scope and definition of the word ‘Amendment’. It purported that “A broad definition of
Introduction
George Bernard Shaw in “Intelligent Woman’s Guide to Socialism” has said:
“The institutions under which we live are being changed continually by the Parliament, because we are never satisfied with them. Sometimes they are scrapped for new ones; sometimes they are altered; sometimes they are done away with as nuisances. The new ones have to be stretched in the law courts to make them fit, or to prevent them fitting to well if the judges happen to dislike them.” The life of a state is vibrant and in order to facilitate the ever dynamic developments and needs of society, its economic, social and political conditions mutate continuously. So, a Constitution drafted in one context at a particular time may prove inadequate at a later stage. Every Constitution has some method of amendment whereby a provision is modified by way of addition, deletion or correction so as to suit the needs of the present. Provisions for the amendment of the Constitution are made with a view to overcome the difficulties which may encounter in future in the effective working of the Constitution. The framers of the Constitution were keen to avoid excessive rigidity and wanted it to a bit flexible. They wanted to have a document that could grow with a growing nation and adapt itself to the ever changing needs of people. Oxford’s Dictionary of Law says “Amendment means changes made to legislation, for the purpose of adding to, correcting or modifying the operation of the legislation.” Black’s Law Dictionary defines ‘Amendment’ as “A formal revision or addition proposed or made to a statute, Constitution, pleading, order, or other instrument” AND “In Parliamentary law, it means a ‘motion that changes another motion’s wording by striking out text, inserting or adding text, or substituting text”. But Keshavananda Bharti V. State of Kerela provided the best explanation as to the scope and definition of the word ‘Amendment’. It purported that “A broad definition of