Advertisements
Advertisements
Question
If amending power is with the elected representatives, the judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
Solution
Any answer supported with an argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference:
I do not agree with the statement that the judiciary should not have the power to decide the validity of amendments. The judiciary is authorised to interpret the Constitution. Judiciary as an institution is involved in actively interpreting the provisions of the Constitution while pronouncing its judgments. It is more acquainted with the fundamentals of the Constitution than any other body. This power of judiciary checks the inappropriate and arbitrary use of the amendments by any political party that is in the power and also defends the fundamental rights of the people.
APPEARS IN
RELATED QUESTIONS
Write True / False against the following statement.
Elected representatives alone have the power to amend the Constitution.
Write True / False against the following statement.
The Parliament can amend any section of the Constitution.
Write True / False against the following statement.
The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?
a. Voters
b. President of India
c. State Legislatures
d. Parliament
e. Governors
f. Judiciary
Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?
Identify the correct statements about the theory of basic structure.
Correct the incorrect statements.
a. The constitution specifies the basic tenets.
b. The legislature can amend all parts of the Constitution except the basic structure.
c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.
d. This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.
e. This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.
From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?
Explain the reason for requiring a special majority for amending the Constitution.
Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.
