Social Scientist. v 5, no. 52 (Nov 1976) p. 79.


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NOTE 79

review vested in the superior judiciary under articles 32 and 266 of the constitution and, in the cases of amendment to the constitution,, it abrogates such powers altogether. It seeks to belittle the importance of fundamental rights, and a mere executive declaration (which a court is prevented from scrutinizing) that some vague social welfare objectives are involved will exempt any legislation from being charged as ultra vires any of the fundamental rights.

On the other hand, the crying abuses of the constitution, particularly of the provisions of part XVIII have not been eradicated. In other words, the constitution is being made more bureaucratic and less democratic. Such constitutional amendments should not in any event be made in a hurry. Sometimes sobriety and the interests of progress do require deliberate, and not hasty, steps.

This is not saying that the constitution of a country must be rigid, inflexible and incapable of being adapted to the needs of the time, but if needs of the time mean the needs of the people, as it should, any constitutional change should be brought about after consulting those very interests which have a stake in social progresss, namely, the toilers and the disinherited. It is their interests which are supreme and any proposed change should be tested by whether they will enable the poor.the hungry and those who work and produce goods but have so long been expropriated, to advance their well-being and to rise to positions of authority in the state. If any change is made which does not conform to this standard, such a change is open to the charge of not being bonafide.

ARUN PROKAS CHATTERJEE

1 AIR 1974 SO 2192 (para 88). fl AIR 1971 SC 1547. 8 AIR 1967 SC 1643.

4 Fundamentals of Soviet State Law, Progress Publishers, Moscow 1971.

5 AIR 1973 SC 1461.

B (1896) AC 348.

7 (1932) AC 304.

» (1937) AC 326.

9 (1937; 301 US 548. 10 < 1937) 301 US 619. »1 (,935; AC 500.

12 G V Plekhanov, The Development of the Monist View of History, 1972, 150-51. 18 (1803) lCranchl37. A4 (1955) 349 US 294. 'n AIR 1971 SC 530. -•• (1970) 1 SCO 248.



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