The Constitution makers gave the power to amend the Constitution in the hands of the Parliament b... more The Constitution makers gave the power to amend the Constitution in the hands of the Parliament by making it neither too rigid nor too flexible with a purpose that the Parliament will amend it as to cope up with the changing needs. The Parliament in exercise of its constituent power under Article 368 of the Indian Constitution can amend any of the provisions of the Constitution and this power empowers the Parliament to amend even Article 368 itself. The "Doctrine of Basic Structure" is a judge-made doctrine to put a limitation on the amending powers of the Parliament so that the "basic structure of the basic law of the land" cannot be amended in exercise of its "constituent power" under the Constitution. So the question arises, is not there any limitation on the amending powers of the Parliament? If the answer of this question is not in affirmative with a reason that the Constitution makers did not intend for such limitation otherwise they would have provided for such limitation in the Constitution, then another question arises to what extent can the Parliament amend the basic law of the land? And, if there will be no limitation on the amending power of the Parliament, are there no chances that this power of amendment in the name of "constituent power" can be abused? This paper seeks to answer these questions and its scope through judicial pronouncements.
International Journal of Research and Analytical Reviews, 2019
With the global issue of environment being more visible and environmental Catastrophes being freq... more With the global issue of environment being more visible and environmental Catastrophes being frequent occurrences, the issue of environment protection since the later half of the last century had become the area of concern for the world community. Among the various steps undertaken to tackle the issue, the creation of the special court is an important instrument for achieving environmental protection. Clean environment is the basic human right which should not only be realised through laws but also through their actual implementation. The journey of development of environmental jurisprudence in India has been a long one. The constitutional reform in India paved the way for the deep involvement of judges on environmental matters. The first decade of the 21st century has witnessed an astounding growth of the green courts and tribunals. The main factor for the establishment of the National Green Tribunal of India is the proactive Supreme Court of India who had affirmed through several interventions the necessity of a specialised environment court. The National Green Tribunal was formed to ensure that India fulfilled its commitments made at the Stockholm and Rio Conferences to take adequate actions to safeguard and improve the human environment. It has been created to recognise the right to a healthy environment which has been construed as a part of the right to life under Article 21 of the Indian Constitution. Allegations have been constantly leveled against NGT for exceeding its jurisdiction. The present paper examines the environmental dispute resolution system in India with reference to its shortcomings.
The Constitution makers gave the power to amend the Constitution in the hands of the Parliament b... more The Constitution makers gave the power to amend the Constitution in the hands of the Parliament by making it neither too rigid nor too flexible with a purpose that the Parliament will amend it as to cope up with the changing needs. The Parliament in exercise of its constituent power under Article 368 of the Indian Constitution can amend any of the provisions of the Constitution and this power empowers the Parliament to amend even Article 368 itself. The "Doctrine of Basic Structure" is a judge-made doctrine to put a limitation on the amending powers of the Parliament so that the "basic structure of the basic law of the land" cannot be amended in exercise of its "constituent power" under the Constitution. So the question arises, is not there any limitation on the amending powers of the Parliament? If the answer of this question is not in affirmative with a reason that the Constitution makers did not intend for such limitation otherwise they would have provided for such limitation in the Constitution, then another question arises to what extent can the Parliament amend the basic law of the land? And, if there will be no limitation on the amending power of the Parliament, are there no chances that this power of amendment in the name of "constituent power" can be abused? This paper seeks to answer these questions and its scope through judicial pronouncements.
International Journal of Research and Analytical Reviews, 2019
With the global issue of environment being more visible and environmental Catastrophes being freq... more With the global issue of environment being more visible and environmental Catastrophes being frequent occurrences, the issue of environment protection since the later half of the last century had become the area of concern for the world community. Among the various steps undertaken to tackle the issue, the creation of the special court is an important instrument for achieving environmental protection. Clean environment is the basic human right which should not only be realised through laws but also through their actual implementation. The journey of development of environmental jurisprudence in India has been a long one. The constitutional reform in India paved the way for the deep involvement of judges on environmental matters. The first decade of the 21st century has witnessed an astounding growth of the green courts and tribunals. The main factor for the establishment of the National Green Tribunal of India is the proactive Supreme Court of India who had affirmed through several interventions the necessity of a specialised environment court. The National Green Tribunal was formed to ensure that India fulfilled its commitments made at the Stockholm and Rio Conferences to take adequate actions to safeguard and improve the human environment. It has been created to recognise the right to a healthy environment which has been construed as a part of the right to life under Article 21 of the Indian Constitution. Allegations have been constantly leveled against NGT for exceeding its jurisdiction. The present paper examines the environmental dispute resolution system in India with reference to its shortcomings.
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Papers by Mr. Amit Kumar