Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this ... hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal
legislative. The constituent
power cannot exercise judicial power. Exercise of judicial power or of a
purely executive power is not power of amendment ... constituent power exercises powers the constituent power
comprises legislative, executive and judicial powers. All powers flow from
the constituent power through the Constitution
basic structure. It was held valid and constitutional within the constituent power of the Parliament of India under the Constitution. ]}} [ Editorial Comment -The Constitution (Seventeenth
House may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first ... hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal
they, or any one or more of them, are beyond the constituent
power of Parliament since they damage the basic or essential
features ... constituent power', 'Rigid' (controlled), or 'flexible'
(uncontrolled) constitution, 'primary power', and 'derivative
power'.
The distinction
they, or any one or more of them, are beyond the constituent
power of Parliament since they damage the basic or essential
features ... constituent power', 'Rigid' (controlled), or 'flexible'
(uncontrolled) constitution, 'primary power', and 'derivative
power'.
The distinction
executive the power to legislate by ordinances, if the circumstances were such as to make the exercise of that power necessary, the Constituent Assembly subjected ... extensive powers on the Governments like the power to declare an emergency, the power to suspend the enforcement of fundamental rights and the power
curb its Legislative powers to make
laws under Articles 245-246 because the amending power conferred by
Article 368 is constituent power as held ... become the original
Constituent Assembly. It remains a Parliament under a controlled
Constitution. Even after the words 'constituent power' are inserted
in Article
power and not ‘legislative’
power. Read with Article 245 of the Constitution of India, it would
then be clear that since the legislative power ... part of the Constitution of India. He argued that Parliament in its
constituent capacity can deal with State subjects, and relied upon
20
the insertion
Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this ... country. In the Indian Constitution, the balance of legislative power is vital, and the power of amendment conferred to parliament to alter such regulations
