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Need to Amend a Constitution and Doctrine of Basic Features

Need to Amend a Constitution and Doctrine of Basic Features
Books from same Author: Dr Ashok Dhamija
Books from same Publisher: Lexis Nexis

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\"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.\"\"Like 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.\"

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General Information
Author(s)Dr Ashok Dhamija
PublisherLexis Nexis
Publish YearJanuary 2007
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