Law Redefined: Parliamentary Supremacy vis-à-vis the Amending Power

By Mayank and Preyoshi This case-by-case analysis is done in order to determine how the law regarding 'What can be amended?' has been evolved. This article shall presue the following landmark judgements, namely, Shankari Prasad v. Union of India, L. C. Golak Nath V. State of Punjab, Kesavananda Bharti v. State of Kerala, Indira Nehru … Continue reading Law Redefined: Parliamentary Supremacy vis-à-vis the Amending Power

Constitution and Constitutionalism

CONSTITUTION is the fundamental law of a country which provides a framework of the system of governance in the said country. CONSTITUTIONALISM is a political philosophy often termed as anti-thesis of arbitrariness. It believes in the limited government. Constitution is one of the sources of constitutionalism and cannot be treated as its synonym. That's why, presence of constitution does not guarantee constitutionalism per se. World has seen the dilemma of CONSTITUTION WITHOUT CONSTITUTIONALISM multiple times. Germany during Nazi era , Africa in the reign of Apartheid (1948-1994), present day North Korea are glaring examples of CONSTITUTION WITHOUT CONSTITUTIONALISM.