Advocate Simranjeet Singh
By amendment new matter may be added, old matter removed or altered. Thirdly, the provisions for amendment of the Constitution Were made simple and not difficult when comparison is made with the American and the Australian Constitutions. It is education that clarifies our belief and faith and helps to strengthen our spirit of worship. This is so, notwithstanding the absence of any express provisions in the Constitution to that effect.
(a) the fixation or determination of "amount" under that Article has to be based on some norm or principle which must be relevant for the purpose of arriving at the amount payable in respect of the property acquired or requisitioned; Therefore, as long as Article may be amended under proviso (e) any amendment of the Constitution by recourse to referendum would be revolutionary. I may at this stage deal with the question, adverted to by the learned Counsel for Advocate Simranjeet Singh the petitioners as to how far the consequences have to be taken into account in construing the provisions of the Constitution.
Thus limited, a definition as suitable as any, defines an amendment as a change in some of the existing provisions of a statute. But even assuming that this Amendment was designed to make the embargo under Article () applicable to Article , no inference can be derived therefrom. Since the language of the Preamble was taken from the resolution itself the declaration in the Preamble that India would be a Sovereign, Democratic Republic which would secure to all its citizens justice, liberty and equality was implemented in Parts III and IV and other provisions of the Constitution.
It will be observed from the amendment in Clause () of Article enacted by Section of the above amendment that: () Advocate Simranjeet Singh the word 'amend' has been substituted for the word 'compensation'; and () that the words "or that the whole or any part of such amount is to be given otherwise than in cash" have been added. Finally, the power to legislate under Article is "subject to the provisions of this Constitution", so that under the residuary power, no amendment could be made to any part of the Constitution, as any amendment is bound, to some extent, to be inconsistent with the article to be amended.
Nehru in His speech to the Constituent Assembly on November , : The Attorney General rightly submitted that if power is conferred which is in clear and unambiguous language and does not admit of more than one construction there can be no scope for narrowing the clear meaning and width of the power by considering the consequences of the exercise of the power and by so reading down the power. If the recompense fixed or determined is Simranjeet Law Associates either not arbitary or illusory or if the principles fixed are relevant to the purpose of acquisition or requisition of the property in question, the courts cannot go into the question of adequacy of the payment.
The Regulation and Control of Aeronautics in Canada)  A. (iii) to make any change whatsoever including changes falling outside (ii). All other Articles are left to be amended by Parliament with only limitation of majority of not less than a two-thirds of the members of each House present and voting and the majority of the total membership of each House. The question as to whether the fundamental rights contained in Part III of the Constitution could be taken away or abridged by amendment was first considered by this Court in the case of Sri Sankari Prasad Simranjeet Singh Deo v.
In this connection, I may observe that it is one of the well-settled rules of construction that if the words of a statute are in themselves precise and unambiguous, no more is necessary than to expound those words in their natural and ordinary sense, the words themselves in such case best declaring the intention of the legislature. Kamath had moved another amendment in draft Article to substitute the words "it shall upon presentation to the President receive his assent".
(iii) what is the extent of such encroachment, if any? The principal contention was that the First Amendment in so far as it purported to take away or abridge the rights conferred by Part III of the Constitution fell within the prohibition of Article () of the Constitution. The term 'law' is used in Article () in a wider sense, so as to include an Ordinance, order, bye-law, etc. If the purpose of construction is the ascertainment of meaning, nothing that is logically relevant should, as a matter of theory, be excluded.
The proviso says that the amendment shall also require to be ratified by the State legislatures of not less than one- half of the States if "such amendment seeks to make any change in" the matters mentioned in Clauses (a) to (e) of the proviso. Parliament took notice of the two conflicting views which had been taken of the unamended Article , took notice of the fact that the preponderating judicial opinion, namely, the decisions in Shankari Prasad case Sajjan Simranjeet Singh Sidhu case and the minority views of five learned Judges in Golak Nath case were in favour of the view that Article contained the power of amendment and that power was the constituent power belonging to Parliament Wanchoo, J.
Further, every mover of an amendment considers his proposal as an improvement in the existing text and the Court should not substitute its own evaluation for that of the mover of the amendment. where it is stated that the term "amendment" implies such an addition or change within the lines of the original instrument as will effect an improvement, or better carry out the purpose for which it was framed. The reason of the rule was that the rights of society are paramount and must be placed above those of the individual.
The second set of articles are articles which require two-thirds majority. Leading Constitutional writers have taken the view that the American Supreme Court has not ever accepted the argument that there are implied or inherent limitations on the amending power contained in Article . The fact that the object may not be achieved is beside the point. It has already been shown earlier that the fundamental rights, even though an essential feature of the Constitution, are within the sway of the amending power in Article .
The implication sought to be raised by Mr. They are subject to conditions and limitations dictated in each case by justice, or by considerations of the safety of the realm or the common good of the society. We are wholly unable to accede to this contention. Palkhivala to destroy several essential features of the Constitution for these reasons. Some of the rights like the right to life and to the pursuit of happiness are of such a nature that the common good would be jeopardised if the body politic would take away the possession that men naturally have of them without justifying reason.
() A Proclamation of Emergency declaring that the security of India or of any part of the territory thereof is threatened by war or by external aggression or by internal disturbance may be made before the actual occurrence of war or of any such aggression or disturbance if the President is satisfied the there is imminent danger thereof. Article (b) called it "altered, repealed, amended"; Article () described it as "repeal or amend". The law is in the first case Constitutional in reality whereas in the second case the law is unConstitutional in reality but is deemed by a fiction of law not to be void with the result that laws which violate the Constitution are validated and there is a repudiation of the Constitution.
Further, if it is not helpful to argue from one Act of Parliament to another (see Commissioner of Stamps, Straits Settlements v. whether the Legislature could confer that power on a body other than itself, the Judicial Committee observed at page : The decisions of American courts may bear examination, but in their application to the problems arising under our Constitution it would be necessary to keep in constant sight some of the crucial differences between the circumstances attendant on the birth of the two Constitutions, the purposed vagueness of theirs and the finical content of ours and the significant disparity in the structure of their Article and our Article .
Sri Palkhiwala has invoked natural law as the higher law conditioning the constituent power in Article . If a criminal can be condemned to die, it is because by his crime he has deprived himself of the possibility of justly asserting this right. Article C taken along with its second part gives in effect the power to the Legislature, including a State Legislature, to amend the Constitution. The amendment (Constituent Assembly Debates Vol.
The Constitution is self validating and self executing. This provision thus enables legislatures to abrogate fundamental rights and therefore must be declared unConstitutional.