Judicial Scrutiny of Constitutional Amendments: A Guardrail for Democracy

  • Dhnanjy Gupta
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  • Dhnanjy Gupta

    Student at United World School of Law, Karnavati University, Gandhinagar, India

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Formal modifications to a country's basic law are included in constitutional amendments, which play a crucial role in determining its government. An essential component of this process is judicial scrutiny, which protects democratic values and individual rights. The idea of the "basic structure" in India restricts some revisions in order to preserve the integrity of the constitution. In a democracy, amendments are important because they are flexible, encourage diversity, and offer legal remedies. Legal review guarantees that laws are consistent with constitutional frameworks. Cases such as Kesavananda Bharti v. State of Kerala and Shankar Prasad Singh v. Union of India demonstrate the complex dynamics and function of the court. Maintaining stability while allowing for necessary change emphasizes how constitutional concepts are still evolving.




International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3263 - 3271

DOI: https://doij.org/10.10000/IJLMH.117799

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