Re-examining the Concept of "Law of the Land
jurisprudence du_llb beginner judgment_takeArising out of: Keshavฤnanda Bharti v. State of Kerala (1973) 4 SCC 337. I have a bone to pick with this judgment. Don't get me wrong, it's a landmark case, but does it really settle the debate on the fundamental nature of our Constitution? In this case, the Supreme Court held that the Constitution is a basic structure and any amendment that alters its basic features is void ab initio.
I disagree with the scope of 'basic structure'. The Court's interpretation restricts the power of Parliament to amend the Constitution, creating an artificial limit on the will of the people. This may have been a necessary check in the past, but it's limiting the Constitution's ability to adapt to changing societal needs. Ye sab theory hai, but what about the spirit of constitutional reform?
Bhaiya, great discussion on this topic! Re-examining the concept of "law of the land" is indeed a must in today's times. We need to look at how laws are being implemented and see if they're truly serving the common man. It's not just about interpreting the Constitution, but also about making those interpretations relevant and accessible to all. Keep up the good work, and let's create a more equitable and just society for all.