Document Type
Book Chapter
Publication Date
2016
DOI
https://doi.org/10.1093/law/9780198704898.003.0014
Abstract
This chapter examines the formal method for constitutional amendment provided for in Article 368 of the Indian Constitution. It first reviews the early cases that gave rise to the Basic Structure doctrine, which placed substantive restrictions upon the power of amendment, before exploring subsequent developments and the application of the doctrine. It considers how Indian courts have addressed the idea of an unconstitutional constitutional amendment, with particular emphasis on the architectural framework that the courts have envisioned the Constitution to have. It explains how the Basic Structure doctrine has been used to understand the principles on which constitutionalism must depend.
Disciplines
Administrative Law | Constitutional Law | Law
Recommended Citation
Madhav Khosla,
Constitutional Amendment,
The Oxford Handbook of the Indian Constitution, Sujit Choudhry, Madhav Khosla & Pratap Bhanu Mehta (Eds.), Oxford University Press
(2016).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4580