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Tushar Chowdhary (Lawyer/Consultant)     01 November 2009

Loop Holes in Our Constitution

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



 41 Replies

Anish goyal (Advocate)     01 November 2009

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.

K.C.Suresh (Advocate)     01 November 2009

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

Anish goyal (Advocate)     01 November 2009

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.

bhanu pratap720 (Student)     01 November 2009

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)

1 Like

N.K.Assumi (Advocate)     01 November 2009

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.

1 Like

Anish goyal (Advocate)     01 November 2009

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.

Theja (Lawyer)     01 November 2009

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)

Theja (Lawyer)     01 November 2009

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.

Theja (Lawyer)     01 November 2009

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.

N.K.Assumi (Advocate)     01 November 2009

This discussions reminds me of Nepolan who once said that the Constitution of any Country should be brief and vauge so as to adapt itself to the changing times. We are in the era of Ayodhya which is a symbol of national Civil war and on the other hand we have that National Integration for National Unity. The question is where we are. After all No Constitution, No Commission or Committee can save India if the love of this country dies in our hearts, but if there is love for the country in our hearts the rest is simply secondary.

1 Like

Anish goyal (Advocate)     01 November 2009

Another thing i would like to share is in india there is prescribed educational qualification 4 each post even 4 clerk. But no educational qualification 4 becoming a member of parliament or state legislature.

Theja (Lawyer)     01 November 2009

Yes, the one who does no alphabets can be a law maker and can rule us.

N.K.Assumi (Advocate)     01 November 2009

My Dear Theja, Wht is the use of a doctorate degree if there is no Love in ones heart for the love of the country anf of the subjects: I would rather prefer an illeterate Leader who loves his subject and the interest of the Country.

Shree. ( Advocate.)     01 November 2009

Dear All,

First up all Thanks to every member participating in this thread and time to rethink as said by KCS sir,When time changes we have to amend our constitution also.

My First Point:

Role of Our President in Our Country:

The President has no constitutional power to check financial or fiscal matters. The Indian economy is controlled by a few business houses through some chambers of commerce. The president has no constitutional power to check either the price level or the degree of exploitation. Neither the president nor the prime minister can check these.......Your views are welcome regarding the above point..


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