“May Parliament Act as a Constituent Assembly?”, 28 August 2021
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 28 August 2021
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi tackles the debate over whether Parliament can assume "constituent power" to rewrite the Constitution. He argues firmly that under the "Basic Structure Doctrine," Parliament’s power to amend is limited and does not include the power to destroy. He posits that Parliament is a "creature" of the Constitution and cannot legally become its "creator." Allowing Parliament absolute power would be "constitutional suicide." This essay serves as a defense of the core identity of the Indian Republic, asserting that the foundational values of democracy and liberty are permanent and beyond the reach of any legislative majority. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository