Constitutional Amendments: An Instrument For Social Transformation

Authors

  • Raj Kumar

Abstract

A century of amendments that have been incorporated into the Constitution in a span of 65 years’ exhibit the polity’s inclination to upgrade the quality of the supreme law for better situation. Although there were aberrations of authoritarian amendments in the past, the way in which they were rectified by subsequent amendments or by judicial review to reinforce the enduring values with more extensive safeguards reflects the maturity and competence of a throbbing democracy. That the thrust towards social transformation is clear in major constitutional amendments can be inferred by looking to their context and content.

References

Sathe S.P. [1989], Constitutional Amendments 1950–1988, N.M. Tripathi, Bombay, at p. 16.

AIR 1951 Pat 91.

Parliamentary Debates, Vol. XII (Part 2), 16th May, 1951.

AIR 1954 SC 92.

AIR 1954 SC 119.

AIR 1954 SC 170.

AIR 1962 SC 723: (1962) Supp1 SCR 829.

(1970) 1 SCC 248: AIR 1970 SC 564.

(1973) 4 SCC 225: AIR 1973 SC 1461.

State of Maharashtra v. Basantibai Mohanlal Khetan (1986) 2 SCC 516: AIR 1986 SC 1466; also see, Bhat P. Ishwara (2004), Fundamental Rights, Eastern Law House, Kolkata, at pp. 531–33.

As many as 16 amendments have been on the matter of reservation.

AIR 1951 SC 226.

It has ruled in Indra Sawhney v. Union of India (1992) Supp 3 SCC 217: (1992) SCC (L&S) Supp 1: AIR 1993 SC 477

that reservation shall not be extended to the level of promotion and that reservation shall not exceed 50 percent of

vacancies.

(1996) 2 SCC 715: AIR 1996 SC 1189, also see, Ajit Singh II v. State of Punjab (1999) 7 SCC 209: AIR 1999 SC 3471.

(1999) 7 SCC 120: AIR 1999 SC 2894.

(2006) 8 SCC 212.

(2008) 6 SCC 1.

Menski Werner (2000), Comparative Law in a Global Context: The Legal Systems of Asia and Africa, Platinium,

London, at p. 205.

Inserted by the Constitution (86th Amendment) Act, 2002.

The Constitution (44th Amendment) Act, 1978; the Constitution (52nd Amendment) Act, 1985; the Constitution (73rd Amendment) Act, 1992; the Constitution (74th Amendment) Act, 1992.

The National Rural Employment Guarantee Act, 2005, later renamed as the Mahatma Gandhi National Rural Employment Guarantee Act.

Bhat P. Ishwara (2007), Towards bridging the Gap between People and the Constitution, 1 Legal Opus 14.

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Published

30-12-2017

How to Cite

Raj Kumar. (2017). Constitutional Amendments: An Instrument For Social Transformation. Research Inspiration: An International Multidisciplinary E-Journal, 3(I), 71–77. Retrieved from http://researchinspiration.com/index.php/ri/article/view/83

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