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Constitution: As A Living Document

Question
CBSEENPO11021663

How has the Kesavananda ruling has contributed to the evolution of the Constitution?

Solution

Supreme Court gave the Kesavananda ruling in 1973 and advanced the concept of the Basic Structure of the Constitution which has governed all the inter-pretations of the constitution and all the institutions in the country have accepted the theory of basic structure. The ruling has contributed to the evolution of the constitution in the following ways:

(i) This ruling has jet specific limit to the Parliaments power to amend the constitution. It says that no amendment can violate the basic structure of the constitution.

(ii) It allows the Parliament to amend any and all parts of the constitution within this limitation.

(iii) It places the Judiciary as the final authority in deciding if an amendment violates basic structure and what constitutes the basic structure.