AI Overview...
- Ind Rj Cw 2084 2024 - The references indicate a discussion on constitutional amendments, legislative procedures, and the nature of 'uncontrolled' or 'flexible' constitutions.
- Main Points and Insights:
- In an 'uncontrolled' or 'flexible' constitution, the procedure for amending the constitution is the same as that for enacting ordinary laws, implying ease of amendment 2084.
- The case of Burah's case (1878) 5 Ind App 178 = 3 AC 889 clarifies that the case was concerned with legislative power, not specifically with the power to amend the constitution, highlighting distinctions in constitutional law His Holiness Kesavananda Bharati Sripadgalvaru VS State of Kerala - Supreme Court.
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The case of Prem Lal Mullick (1895) 22 Ind App 107 (118) and Prem Nath Mallick (1895) 22 Ind App 107 also discuss legal procedures related to legislative authority and constitutional amendments His Holiness Kesavananda Bharati Sripadgalvaru VS State of Kerala - Supreme Court.
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Analysis and Conclusion:
The sources collectively emphasize that in a flexible or uncontrolled constitution, the process for constitutional amendments is akin to passing regular legislation, contrasting with rigid constitutions requiring special procedures. The jurisprudence, including Burah's case and rulings in Prem Lal Mullick and Prem Nath Mallick, clarifies distinctions between legislative authority and constitutional amendment powers, underscoring procedural similarities in flexible systems.
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