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Tuesday, Apr 06, 2004

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Opinion - Letters


Indian Constitution

This is with reference to "SC and Parliament" (Business Line, April 5).

The article has brought to the forefront one of the most debatable question on the interpretation of the Constitution.

Though the Supreme Court in the Kesavananda Bharati case decreed that the basic features of the Constitution are not amendable by Parliament, the Supreme Court is yet to foreclose what constitute the "basic features".

To say otherwise, while the minority judgment rejected the theory of implied or inherent limitations of the amending power of Parliament, the majority judgment did not decide the issue in its totality.

Without defining what constitutes the basic structure of Indian polity, it is not fair to expect Parliament to legislature without disturbing the "basic structure".

Thus, the apex court is expected first to foreclose the factors that constitute the "basic structure" of the Indian Constitution.

C. Ramesh

Keeramangalam (TN)

Letters to the editor and contributions can be sent by e-mail to: bleditor@thehindu.co.in

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