Amendments Of Law

Introduction

Let me introduce you all to the definition of law, in other words, what is law?

It is, by definition, the system of rules that a particular country or a community recognizes as regulating the actions of its members which it may enforce by the imposition of penalties.

Or, in the words of eminent Jurist Salmond, law is the body of principles recognised and applied by the state in the administration of justice.

Now why am I stating the facts you may think. Well, I am not giving weight to my part of the writings here, I am giving weight to the situation of the country. How conveniently we twist and turn mere facts in the grab of amendments. Some sure are in our favour but what about the others that are not?

I shall begin with the necessity of amending provisions in the constitution. Provision for amendment in the constitution is made with a view to overcome the difficulties which may encounter in the future in working of the constitution. No generation has the monopoly of wisdom nor has it any right to place fetters on future generations to mould the machinery of government according to their requirements. If no provisions were made for the amendment of the constitution, the people would have recourse to extra constitutional method like revolution to change the constitution, as held in Keshavananda v/s the state of Kerala All India Report 1973 Supreme Court page number 1461. The power of amending the law is exercised by the parliament under Article 368 of the Indian Constitution.

The framers of the Indian Constitution were keen to avoid excessive rigidity. They were anxious to have a document which could grow with a growing nation, adapt itself to the changing need and circumstances of growing people. the nature of the ‘amending process’ envisaged by the framers of the constitution can be best understood by referring the following observation of the late Prime Minister Pandit Nehru – “When we want this constitution to be solid and permanent as we can make it, there is no permanence in the constitution. There should be a certain flexibility. If you make anything rigid and permanent, you stop the nation’s growth.”

In any event, we could not make this constitution so rigid that it cannot be adopted to changing conditions. When the world is in a period of transition, what we may do today may not be wholly applicable tomorrow.

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