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Some Constitutional Dilemmas
Should amendments to the Constitution be easy or difficult? How far should interpretations of the Constitution by the judiciary go? Should there be any limits to such interpretation? Is the doctrine of â??basic structureâ? of the Constitution introduced by the Supreme Court a necessary and legitimate innovation? Is â??judicial activismâ? as practised by the Indian judiciary a good thing? Has it gone too far? Is public interest litigation a useful and legitimate device? These are the important questions that this article explores.
First, the aim is to bring issues that are generally debated among specialists to the notice of a wider audience, because they are not the arcane concerns of experts but are of great importance to all of us. Secondly, (given that aim) the attempt will be to present the issues lucidly in plain language, avoiding the usual appurtenances of scholarship such as footnotes and references (and in particular the use of case-names as mnemonic devices for referring to certain developments or arguments). Thirdly, the analyses will be logical rather than legalistic or historical. Lastly, the intention is to bring out the dilemma at the heart of each of the questions: that will be the special perspective of this paper.
Dear Reader,
