Title: Constitutional politics over (un)constitutional amendments
Abstract: This chapter provides critical insights on politics in India over unconstitutional constitutional amendments. Constitutional law scholars should pay greater attention to such informal ways of amendment, because governments are using innovative tools to bypass limits on their power to amend the Constitution. One example of constitutional politics is provided by agrarian reforms aimed at the redistribution of land which were underpinned by the quest for economic justice and equality of status and opportunity. A challenge to the constitutional validity of these government measures triggered the politics of supremacy: whether the government or the judiciary should be the final arbiter of the appropriateness of the tools employed to bring social revolution. The August 2019 actions of the Indian government vis-a-vis the special status of Jammu and Kashmir under Article 370 could again be analysed from the perspective of the politics of supremacy and legitimacy.
Publication Year: 2021
Publication Date: 2021-10-07
Language: en
Type: book-chapter
Indexed In: ['crossref']
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