Chapter

Sanctity of the Constitution<sup>*</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0001
Sanctity of the Constitution*

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This chapter deals with the evolution of the ‘basic structure’ doctrine, which states that any part of the Constitution may be amended by following the procedure prescribed in Article 368, but no part may be so amended as to ‘alter the basic structure’ of the Constitution. The arguments related to limitation on amending powers in the Golak Nath Case and the Kesavananda Case are examined. It then considers the contributions of German jurist and scholar, Professor Dietrich Conrad, to the theory of ‘implied limitations’ on amending power. It suggests that it was no coincidence that a German jurist had thought of implied limitations on the amending power. The Germans learnt from the bitter experience of the Nazi era.

Keywords: basic structure doctrine; Golak Nath case; Indian Constitution; Dietrich Conrad; implied limitations; constitutional amendment

Chapter.  2371 words. 

Subjects: Constitutional and Administrative Law

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