Tuesday, July 14, 2015

Amendments And Constitutional Fathers




Hello sir, I have a doubt regarding this question on ordinance making power of president. Sir the 3rd provision was added through a Supreme Court judgement and later supported by the 44th amendment so can we say it's a provision added by constitutional fathers?
Who are constitutional fathers?
My understanding is the members of the constituent assembly
Yes
I dint get you sir
Well, the constituent Assembly members were the fathers.
Every amendment is a result of the provisions provided by the original version
The fathers enabled the constitution to be amended
I would therefore go by the original version of the constitution to see what they say about ordinances
So then is statement 3 Incorrect with respect to the original provisions of the constitution?
Sir, as such even now the constitution doesn't have it explicitly written that 'it can be questioned in court on the basis of malafide.' This was a court interpretation....
Is 4 part of the constitution or is an explanation or a commentary?
It ceases to exist if parliament doesn't pass it in 6 weeks sir n this is written in the constitution itself
Yes sir it’s inherent
Good. Another operative word in the question is 'imply'
I am subject to correction, but I would go with B
1,2&4 sound logical and 3 is a subsequent interpretation
So subsequent interpretations can't be taken for original provision even though amendments which enable including these provisions are originally part of the constitution
Yes

They do form part of the constitution after passed by the parliament and will have the same force. However, as the name goes, they are amendments

No comments:

Post a Comment