Loop Holes in Our Constitution

Lawyer/Consultant

Dear friends,

Let us here discuss for the first time, the thoughts relating to the loop holes/ Contradictory Articles in our constitution.

What according to all of you are the factors which leads our country to such a position.

Awaiting your intresting replies


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Advocate

Ya this will be very interesting to know the loop holes in constitution. Although i think our constitution is a master piece based on experience of constitution of other countries.
 
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Advocate

When time changes the constitution needs changes. You suggest the loop hoes we will discuss.

 
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Advocate

For changes amendment procedure given by constitution along with binding decisions of supreme court such as keshwanand bharti, menka ghandi, our constitution has adopted a fine blend of flexibility and rigidity.
 
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the length of a country's constitution is inversely proportional to its democratic growth. that is why we have the lengthiest constitution in the world.the problem is the never ending tussle between judiciary and the legislature. for a long time legislature has defeated the rulings of supreme court through amendments, Indra Sawhney case being the classical one. this aspect has far reaching effect on the society itself , like the reservation policies. we need a ceiling on quota as it cannot be made permanent.

secondly, the privileges of parliamentarian under articles article 105 and article 194 have been used arbitrarily.this needs to be checked.

thirdly,discussion of important foreign policies like nuclear traties, patents, genetically modified food should be discussed openly in the parliament ( read with entry 13 and 14 of list 1 of 7 schedule)


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Advocate

After a loat of debate in the country National Commisssion to Review the Working of the  Constitution was set up by the President of India on 23rd fenruary 2000. But the Constitution Commission Report and its follow up action is not known. But to me part 3 of the Constitution should be in part 4 and part 4 should be in part 3. I personally feels that constitution is not the problems but the man who weild the power through the Constitution are the one that create the problems.


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Advocate

I would like to extend bhanu sir third point. Sir you r right that issues must be debated in Parliament. But there is no minimum number of meetings provided in consti. So how could the debate over these issues. I think first step should be to amend constitution to provide minimum number of meetings and penalty 4 those who r absent.
 
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Lawyer

This is a good topic. I agree to the statement that when time changes the laws shall also be changed accordingly. As rightly explained by Assumi sir, Law commissions were constituted. The Law Commissions and the Supreme Court has made recommendations. But, are they considered by the Government?

And the other thing is, apart from few things, I agree with Anish. The Constitution of India doesn't have loop holes. Its a master piece.  It is the system that has loop holes and from where does the system come? Its public.

Constituion never says that reservations have to be provided. It empowers the state to make laws for the upliftment of the under developed (see Art. 15)

 
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Lawyer

Yeah .Even when we look at the agenda of their discussions during the parliament sessions, we do not see debates related to Constitution. I have a question: Don't we have a provision as to the minimum attendance required for all the members in the Parliament.

 
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Lawyer

I think the better way is: a committee shall be constituted on  a regular basis to consider the same. And recommendations made by the committe shall be revealed to the public on any media.

 
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