LAW 1506 Lecture Notes - Jawaharlal Nehru, B. R. Ambedkar, A368 Road
Document Summary
Kihoto hollohan v zachillhu, para 7 of schedule x which excluded the jurisdiction of courts in case of disqualification of members on the grounds of defection was struck down. The court held that it hadn"t been passed by following the category iii procedure despite affecting an entrenched provision. Formal method of amendment; br ambedkar defended it in cad. Lives up to concept of living constitution and one can amend according to changing needs in society; can"t remain static. Keshavananda bharati v state of kerala, defines amendment in a broad term including any alteration or change. While we want this constitution to be as solid and as permanent a structure as we can make it, nevertheless there is no permanence in constitutions. If you make anything rigid and permanent, you stop a nation"s growth, the growth of a living, vital, organic people.