hi
sathisha.h
(Querist) 10 October 2010
This query is : Resolved
can indian citizen challenged constitution of india ? if yes how ?
Parthasarathi Loganathan
(Expert) 10 October 2010
That is why we have seen hundreds of amendments to out Indian Constitution for the last six decades since its inception.
R.Ramachandran
(Expert) 10 October 2010
The Constitution itself cannot be challenged, but any amendment to the constitution can be challenged on the sole ground that it alters the very basic structure of the Constitution.
Guest
(Expert) 10 October 2010
yes.you may challenge any article or ammendment to the constitution with supporting law points .parliament can ammend the constitution.please note.
Kirti Kar Tripathi
(Expert) 10 October 2010
Mr. Nandkumar correctly advised any Article or amendment can be challenged.
M/s. Y-not legal services
(Expert) 10 October 2010
I do not agree with mr.ramchandran. Except our preamble we can challenge any article or any amendment..
R.Ramachandran
(Expert) 10 October 2010
Dear Mr. Tom,
The original Constitution was given by the people to themselves. That is why it cannot be challenged at all.
However, any subsequent amendment to the Constitution can be challenged that too purely on the ground of 'altering the basic structure of the constitution' and not on any other ground.
If you any thing to support your view point, I shall be too glad to know and would always be ready to stand corrected.
Khaleel Ahmed
(Expert) 10 October 2010
The constitution of India can not be challenged in any court of Law. The Parliament can amend it as per the requirement.Any other law can be challenged ,if it is voilates the constitution of India.
M/s. Y-not legal services
(Expert) 10 October 2010
Sorry senior mr.ramchandran. I didn't try to hurt you.. Just i thought to stand against your answer. If i am wrong mean ready to accept my mistake. But is your answer is correct? Because you posted as we can't challenge the amendments only. Can't challenge the articles.. Is it? How we got first amendment? Without challenging the article how the first amendment made?
M/s. Y-not legal services
(Expert) 10 October 2010
Again i telling mr.ramchandran. In front of your's experience am nothing. If my answer is wrong mean forgive me. But you have to give explaination to this little tom.
R.Ramachandran
(Expert) 10 October 2010
Dear Mr. Tom,
I will be the last person to get hurt. Rather I would always like to get myself enlightened. From my post I only reiterated my position that our constitution cannot be challenged but only an amendment to the constitution can be challenged and that too on the only ground that it alters the basic structure of the constitution.
All that i wanted was, in case you have anything to support your view point, please make it known, so that I can update myself. More than that nothing. Once in the Forum, there is no point in saying that i am getting hurt etc. etc. It is a discussion Forum and everyone has to take things in proper perspective. Nothing personal. I take that it is a knowledge enriching Forum.
So please take it easy. I am in no way hurt in any way.
Yes, you ask me a question: "How we got first amendment? Without challenging the article how the first amendment made?"
Please remember, challenging the Constitution is different and amending the constitution is different. Since the constitution was given by the people themselves, the very same people cannot challenge it. Therefore so far no Article of the Constitution has been challenged at all.
Whatever amendments to the constitution has been made, either by altering the existing Article, or adding or deleting an existing Article, it has been made by the parliament of its own, due to deliberations by political parties, and certainly not due to any challenge to the Constitution or any of its Articles.
In fact, there are quite a number of challenges to the Constitutional Amendments. Only here, the Supreme Court has at last held that while Parliament has the authority to amend the constitution, the basic structure of the constitution cannot be altered. If any amendment to the constitution has the effect of altering the basic structure, the same would be struck down.
I hope I have clarified and explained the thing to the best of my abilities.
s.subramanian
(Expert) 11 October 2010
I support the view of Mr.Ramachandran absolutely. I am thankful for the way in which he has explained things so beautifully.
M/s. Y-not legal services
(Expert) 12 October 2010
My hearty thanks to senior mr.ramachandran. Really wonderful job is your's. Sorry for late reply. Now only i watching it senior.
