“Amendments to the Constitution are not just legal adjustments; they are a testament to the evolving values and priorities of our society.”
Justice Sonia Sotomayor
[A] Introduction
- What if I told you that from tomorrow ownward your right to life, right to vote and many other such rights are going to confiscate. Isn’t that thought even scary but why I am saying this you know because of term added by our constitution maker “AMENDMENT”—- The Amendment of the Constitution refers to the process of making changes such as the addition, variation, or repeal of any provision of the Constitution in accordance with the procedure laid down for the purpose —- to ensure that the constitution would not only aid the country to grow but it would also grow alongside it. . This term gives powers to our legislature to amend any part of our constitution under Article 368 which we can see as our legislature previously tried to use this power in its favour through 24th amendment and 39th amendment.
- So, my question here is, whether our legislature has such a huge power that even can amend any part of constitution? Is there any limit to this power? What’s the stand of judiciary in such a situation? To know all answer. let’s dive deep into all information related to this concept.
[B] Amendment - Provision in Constituion of India:-
- First, let’s know that particularly where the provision of amendment given and what it is saying and what it’s really means in dictionary.
- The Parliament derives its authority to amend the Constitution under Article 368. The term ‘amendment’ is derived from the Latin term amendere’ which means to change or correct any fallacy. Black’s Law Dictionary defines amendment as ‘a formal revision or addition proposed or made to a statute, construction, pleading, order or other instrument, a change made by addition, deletion or correction specially an alteration of wording. There are two methods of amendment, formal and informal. Informal amendment exists in the form of conventions and other methods while formal method is followed in countries having a written Constitution such as India and U.S.A., and provides the method of amendment in the Constitution itself through the interpretation of judiciary. The framers of our Constitution have made the document in such manner which could change according to the changing times as well as the way nation is growing. So you can say that it is mixture of both the rigidities and flexibilities of the major democracies in the world. As of September 2023, there have been 106 amendments of the Constitution of India since it was first enacted in 1950.
- Basically, there are three types of amendments to the Constitution of India of which the second and third types of amendments are governed by Article 368.
- The first type of amendment includes that can be passed by a “simple majority” in each house of the Parliament of India.
- (The amendments contemplated in Articles 4, 169, and 239-A and paras 7 and 21 of the Fifth schedule escluded from the purview of Article 368 fall within this class.)
- The second type of amendments includes that can be effected by the parliament by a prescribed “special majority” in each house; and
- (All constitutional amendments other than those referred in simple majority come within this category and must be effected by majority of the total membership of each House of Parliament as well as by a majority of not less than two-thirds of the members of that House present and voting)
- The third type of amendments includes those that require, in addition to such a “special majority” in each house of the parliament, ratification by at least one half of the State Legislatures.
- This class comprises amendments that seek to make any change in the provisions referred to in the proviso to Article 368(2)
- Amendments in the following provisions require such ratification:
- The election and manner of election of the President [Articles 54 and 55];
- The extent of executive power of the Union [Article 73];
- The extent of executive power of a State [Article 162];
- Provisions dealing with the Supreme Court [Chapter IV of Part V];
- Provisions dealing with the High Courts in the States [Chapter V of Part VI);
- High Courts for Union territories [Article 241];
[B.1] Power and procedure for amending the constitution
Article 368 Power of Parliament to amend the Constitution and procedure therefore:-
- “Notwithstanding anything in this Constitution, Parliament may in exercise of its Constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
- An amendment of this Constitution may be initiated only by the introduction of a Bill ,
- For the purpose in either House of Parliament, and when the Bill is passed in each House by a Majority of the total membership of that House present and voting,
- it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill:
- Provided that if such amendment seeks to
- Article 54, Article 55, Article 73, Article 162 or Article 241, or
- chapter IV of Part V, Chapter V of Part VI, or Chapter 1 of Part Xl, or;
- Any of the Lists in the Seventh Schedule, or;
- The representation of States in Parliament, or;
- The provision of this article
- the amendment shall also require to be ratified by the Legislature of not less than one half of the States by resolution to that effect passed by those Legislatures before the Bill making provision for such amendment is presented to the President For assent
- Nothing in Article 13 shall apply to any amendment made under this article;
- No amendment of this Constitution (including the provisions of Part 111) made or purporting to have been made under this article whether before or after the commencement of Section 55 of the Constitution (Forty second Amendment) Act, 1976 shall be called in question in any court on any ground.
For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article”
This procedure of amendment has differentiated Indian Constitution from other written constitution as it not as rigid as them. Hence, it is characterized as partly rigid partly flexible. There are certain parts that can be changed in an easier manner but for some other parts, a certain process has to be complied with.
Indian federation is different from other as the states do not play significant role in the bigger picture in this matter because our constituion is quasi-federal in nature. In case of normal legislations, if both Lok Sabha and Rajya Sabha are in a Deadlock, a joint session is held. But in case of constitutional amendment, it cannot pass till both Houses agree, and there is no provision for clearing the deadlock in this case
[B.2] Article 368 and related amendment:-
Position of article 368 is changed and challenged by mainly through 24th amendment which added word power in article 368 and 42nd amendments which protect article 368 from judicial review. But there was other some important amendment which brought major change in thr constitution of our India empowered by this article . Above mention judgement and some other judgement can be seen below as :-
Thoughts of Prominent Figures:
- “Our Preamble is more akin in nature to the American Declaration of Independence (July 4, 1776) then to the preamble to the Constitution of the United States. It does not make any grant of power but it gives a direction and purpose to the Constitution which is reflected in Parts III and IV.”[3]
- “So far as the Preamble is concerned, though in an ordinary statute we do not attach any importance to the Preamble, all importance has’ to be attached to the Preamble in a Constitutional statute.”[4]
- “A preamble may be used for other reasons to limit the scope of certain expressions or to explain facts or introduce definitions.”[5]
- As we know that many features of the Indian Constitution are ransacked from different countries’ Constitution. Similarly, Preamble is also inspired from American Preamble.
Phases of Evolution:
Phase - l
- Though the turn of the preamble came last while framing the constitution , yet it is one of first documents that was decided in the earlier sessions of constituent assembly. As said by Pandit Jawahar Lal Nehru, “…when one desires to construct a building, one must have a plan for the structure that one wishes to erect and then collect the material required”[6]
- A committee of experts ( which includes key figures like Jawaharlal Nehru (Chairman), M. Asaf Ali, K.M. Munshi, N. Gopalaswami Ayyangar, K.T. Shah, D.R. Gadgil, Humayun Kabir, K. Santhanam) was appointed by the National Congress on July 8, 1946. The committee in its meeting dated 22nd of July drafted a ‘declaration’ that contained the objectives of the Constitution. Based on this declaration, Pandit Jawahar Lal Nehru laid the foundation of Preamble on the very fifth day of the working of constituent assembly (i.e. on 13th December 1946). He proposed an ‘objective resolution’ in the assembly. Through this resolution, Pandit Nehru aims to pave the way for what he dreamt as what our constitution should be. The members of the constitution drafting committee considered it as guidelines to be kept in mind while making the constitution.
- ‘The objective resolution, 1946’ is the outcome of what Pandit Nehru and other Freedom fighters plan about how a free India looks like. So, this resolution provides a clear picture of the dreams of our founding fathers of the constitution.
- Nehru termed his Objective Resolution as “a declaration, a firm resolve, a pledge, an undertaking and for all of us a dedication”.
- Through his speech his proposed India :
- “as an Independent Sovereign Republic;
- as a Union; and
- With retaining the status of Autonomous Units; and
- Where power derived from the people; and
- In which guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and
- Where adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
- Where the integrity of the territory of the Republic and its sovereign rights shall be protected; and lastly
- promotion of world peace and the welfare of mankind.”[7]
Phase - lI
- “In the earliest draft the Preamble was something formal and read : “We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution.
- After the plan of June 3, 1947, which led to the decision to partition the country and to set up two independent Dominions of India and Pakistan, on June 8, 1947, a joint sub- committee of the Union Constitution and Provincial Constitution Committees, took note that the objective resolution would require amendment in view of the latest announcement of the British Government.”[8]
- The June 3 plan made it clear that India would get its independent status on August 15, 1947. So the special subcommittee decided to reproduce the Preamble in an independent assembly. The Union Constitution Committee provisionally accepted the Preamble as drafted by B.N. Rao reproduced it in its report of July 4, 1947 without any change, with the tacit recognition at that stage that the Preamble would be finally based on the Objectives Resolution. In a statement circulated to members of the Assembly on July 18, 1947 Pandit Jawaharlal Nehru inter alia, observed that the Preamble was covered more or less by the Objectives Resolution which it was intended to incorporate in the final Constitution subject to some modification on account of the political changes resulting from partition. Three days later, moving the report of the Union Constitution Committee for the consideration of the Assembly, he suggested that it was not necessary at that stage to consider the draft of the Preamble since the Assembly stood by the basic principles laid down in the Objectives Resolution and these could be incorporated in the Preamble in the light of the changed situation.[9]
- After framing the Preamble the constituent assembly produced the draft preamble in the 2nd reading, for the purpose of amendments and considerations.
- Molana Hasrat Mohani, proposed three amendments in the Preamble. First, he proposed to replace the word ‘Sovereign Democratic Republic’ with ‘Sovereign Federal Republic’ or ‘Sovereign Independent Republic’ – For supporting his suggestion he refers to Volume IV No.6 of the official report of the proceedings of this Assembly – list 738, Part I: Federal territory and jurisdiction. Where it is said that the Federation hereby established shall be a sovereign independent republic known as India. So it is clearly laid down that we will have only a Federation and it will be a federation of Indian republics.
- He said that Dr. Ambedkar did not even follow objective resolution.
- He wanted the Indian constitution to adopt the same principles as have been adopted by the USSR Constitution.
- The amendment was negatived.
- The next amendment was proposed by H.V Kamath who proposed to add the name of God in the Preamble (i.e In the name of God, we the people…
A Thanu Pillai rejected this amendment by giving his contention as “It affects the fundamental right of freedom of faith. A man has a right to believe in God or not, according to the Constitution”
- Through amendment no. 313, the Constituent Assembly also discussed the inclusion of words ‘Socialist & Secular’ – proposed by Brijeshwar Prasad.
He questioned the admission of the word Equality & Liberty together in the Preamble.
He also questioned the inclusion of word sovereignty in the Preamble. To prove his point he said, “I feel that this word ‘sovereign’ is entirely misplaced. A State consists of individuals. Are individuals sovereign in any sense of the term? If individuals are not sovereign, how can a State which consists of individuals be sovereign…”
- Purnima Banerjee also moved an amendment (No.2, vol. 1) to ensure that sovereignty of the people should be mentioned somewhere in the Constitution.
- Reply by Dr. Ambedkar: He contended that what is suggested in this amendment is already contained in the draft Preamble.
- To prove his contention, he divided the Preamble into three parts i.e Declaratory, descriptive and objective. Reading the Declaratory part alone (which is as, We the people of India in our Constituent Assembly, this day, do hereby adopt, enact and give to ourselves this Constitution’ Reading it in that fashion……) clearly state that the power and authority and sovereignty to make this Constitution vest in the people.
- And finally, the Preamble was added to the constitution.
Phase - lII
Through 42nd Amendment:
The next phase in the evolution of Preamble came during the time of emergency. Through the 42nd Amendment, 1976 the Indira Gandhi led government came up with a plan to add words like Socialist, Secular, Integrity in the existing Preamble.
“By the 42nd Amendment what was implicit was made explicit. ”[10]
Background:
- The then Prime Minister Indira Gandhi set up a committee under the chairmanship of Swarn Singh (then Minister of External Affairs) in 1976. The main reason behind the establishment of this committee is to study the question of amendment of the constitution in the light of experience.
- In the view of the committee, words like Secular and Socialist should be clearly spelt out. It also suggests inclusion of the word Integrity.
- After that the bill was produced in the parliament for nod of assent.
- The inclusion of word Secular and Socialist also proposed before the constituent by Prof. K.T. Shah.
- He proposed, “That in clause (1) of article 1, after the words ‘shall be a’ the words ‘Secular, Federal Socialist’ be inserted.” and the amended article or clause will read as follows:
- “India shall be a Secular, Federal, Socialist Union of States.”[11]
- He gave his contention to support the amendment that:
- Secularity in the Preamble must be adopted due to two reasons. Firstly, to avoid further communal tensions as seen in the past. Secondly, to avoid interference of extraneous considerations.
- By the term Socialist, he implied a state in which equal justice and equal opportunity for everybody is assured, in which everyone is expected to contribute by his labour, by his intelligence, and by his work all that he can to the maximum capacity, and every one would be assured of getting all that he needs and all that he wants for maintaining a decent civilised standard of existence.
Reply by Dr. Ambedkar:
- Dr. Ambedkar left the answer of such questions to be decided by the people themselves as judgment on such subjects would curtain people’s Liberty.
- Another contention given him was through DPSPs where Article 31 clearly deals with that matter.
- So, the amendment was not adopted.
- Reason why Dr. Ambedkar not explicitly included secular word: “Dr Ambedkar, Chairman of the Drafting Committee, aware of the undercurrents cautioned that India was not yet a consolidated and integrated nation but had to become one. This anxiety was also reflected in his speeches in the Constituent Assembly. He was, therefore, careful while drafting the Constitution to ensure that adequate safeguards were provided in the Constitution to protect the secular character of the country and to keep divisive forces in check so that the interests of religious, linguistic and ethnic groups were not prejudiced. He carefully weaved Gandhiji’s concept of secularism and democracy into the constitutional fabric. This becomes evident from a cursory look at the provisions of the Constitution referred to earlier.”[12]
- Here the question arises, whether the Preamble can be amended or not?
- In Kesavananda Bharati vs State of Kerala,1973, it was held that the Preamble could be amended under Article 368 subject to the condition that no amendment could be done to the basic structure of the Constitution.
- As a result, the above amendment passed.
Through Case Laws:
1. The Berubari Union And Exchange Of… vs Unknown, 1960
“a key to open the mind of the makers” which may show the general purposes for which they made the several provisions in the Constitution; but nevertheless the preamble is not a part of the Constitution”[13]
This case held that Preamble is not part of the Constitution.
2. Kesavananda Bharati Sripadagalvaru … vs State Of Kerala And Anr on 24 April, 1973
Preamble is a part of the Constitution and is not outside the reach of the amending power under ARTICLE 368.[14]
[In this case the SC overturned the observation made in the BERUBARI Case by the contention that the Preamble was debated and voted upon and the Motion
“The Preamble stand part of the Constitution” was adopted in the Constituent Assembly. (Para. 929 of Kesavananda Bharati Judgement).
As Preamble is a part of the Constitution , its provisions other than those relating to basic structure or framework, it may well be argued, are as much subject to the amendatory process contained in Art. 368 as other parts of the Constitution. (Para. 1526).][15]
3. Indira Gandhi vs. Raj Narain, AIR 1975 SC 2299
The Preamble shows the general purpose behind the provisions of the Constitution, but, nevertheless, it is never regarded as the source of any substantive power.[16]
4. Minerva Mills Ltd. & Ors vs Union of India & Ors on 31 July, 1980
In this case, the SC held inclusion of the words “SOCIALIST” and “SECULAR” in the Preamble VALID.
[Contention Given: Parliament can make any amendments to the Constitution as it deems expedient so long as they do not damage or destroy India’s Sovereign and its Democratic, Republican character.]
The Constitution Bench had held that the edifice of our Constitution is built upon the concept crystalised in the Preamble.
5. S.R. Bommai vs Union Of India on 11 March, 1994
In this case, it was held that Preamble is an INTEGRAL PART of the Constitution along with feature like Democratic form of Government, Federal structure, unity and integrity of the nation, secularism, socialism, social justice and judicial review. (Para. 248)[17]
And finally we got the Preamble that we are using today. Which is as,
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
Sovereign
The word Sovereign has a very wide meaning. But we understand it in terms of its interpretation in the Preamble of the Indian Constitution.
“In interpreting the provisions of the Constitution, one should go by the plain words used by the Constitution makers.”[18]
So, to understand the significance of this word in the Preamble, what can be better to refer it from our Constitution makers, where Dr. RAJENDRA PRASAD in his first speech after election said that: “… the Assembly is a sovereign body and is fully competent to conduct its proceedings in the manner it chooses to follow.
…the Assembly is a self-governing, self-determining independent body with the proceedings of which no outside authority can interfere, and the decisions of which no one else outside it can upset or alter or modify.” [19]
Here Dr. Prasad clearly defines status of the Constituent Assembly as a SOVEREIGN BODY and at the same time defines what does SOVEREIGN MEANS.
SO, in simple terms, SOVEREIGNITY means where the state has full control on its subjects without any external interference.
In Synthetics & Chemicals Ltd. Etc vs State Of U.P. And Ors[20], the SC defines meaning of the word sovereign
“The Indian Constitution as a sovereign State has power to legislate on all branches Except to the limitation as to the division of powers between the Centre and the States, and also subject to the fundamental rights guaranteed under the Constitution.”
Socialist
- “The word socialist was added to the Preamble of the Indian Constitution by the 42nd amendment act of 1976. It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Economic equality in this context means that the government will endeavour to make the distribution of wealth more equal and provide a decent standard of living for all”[21]
- “The word “socialist” used in the Preamble must be read from the goals Articles 14, 15, 16, 17, 21, 23, 38, 39, 46 and all other cognate Articles seek to establish, i.e., to reduce inequalities in income and status and to provide equality of opportunity and facilities.”[22]
- Some of the members like Mahavir Tyagi, Professor K.T. Shah, Dr. Saxena Etc. pleaded for incorporation of socialism as part of the Preamble but Dr. Ambedkar the father of the Constitution, while rejecting the amendment, made it clear that the socio-economic justice provided in the Directive Principles and the Fundamental Rights given in Chapter III would meet the above objective without expressly declaring India as a socialist State in the Constitution. Alladi Krishnaswamy Ayyer supported Dr. Ambedkar and had stated that “the constitution, while it does not commit the country to any particular form of economic structure of social adjustment, gives ample scope for the future legislature and the future Parliament to evolve any economic order and undertake any legislation they choose in public interest”.[23]
- In D.S. Nakara & Ors. v. Union of India, [1983] Constitution Bench had pointed out that the concept of Socialist Republic was to achieve socio- economic revolution to end poverty, ignorance and disease and inequality of opportunity.
- In State of Kamataka v. Shri Ranganatha Reddy & Anr. Etc., [1978] 1 SCR 641, a Bench of nine Judges of this Court considered nationalization of the contract carriages. In that behalf, it was held that one of the principal aims of socialism is the distribution of the material resources of the community in such a way as to subserve the common good.
Secular
- Added by the 42nd amendment.
- The meaning of the word SECULAR in the Preamble can be interpreted through Mahatma Gandhi’s word wrote in Harijan “I swear by my religion. I will die for it. But it is my personal affair. The State has nothing to do with it. The State will look after your secular welfare, health, communication, foreign relations, currency and so on, but not my religion. That is everybody’s personal concern”. Here the intention behind inclusion of this word can be clearly seen that everyone has full liberty to follow their religion but the STATE HAS NO RELIGION means “the Indian State will not identify itself with or be controlled by any particular religion” .[24]
- Pandit Laxmikantha Mitra explained: ” By Secular State, as I understand, it is meant that the State is not going to make any discrimination whatsoever on the ground of religion or community against any person professing any particular form of religious faith.”
- Shri M.C. Setalvad (Patel Memorial Lectures– 1965 on Secularism): “… the secularist way of life was repeatedly preached by leaders of movement so that religious matters came to be regarded entirely as relating to the conscience of the individuals…….
- In Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra 33 this Court held that: (SCR p. 297: SCC p. 32, para 44) “The Secular State rising above all differences of religion, attempts to secure the good of all its citizens irrespective of their religious beliefs and practices. It is neutral or impartial in extending its benefits to citizens of all castes and creeds. Maitland had pointed out that such a state has to ensure, through its laws, that the existence or exercise of a political or civil right or the right or capacity to occupy any office or position under it or to perform any public duty connected with it does not depend upon the profession or practice of any particular religion.”
Democratic
”The word democracy comes from the Greek words dēmos (people) and kratos (rule). Here are some cases where the word democracy is used:
- In ancient Greece
- The term was first used in ancient Athens to describe the political systems in some Greek city-states.
- In Abraham Lincoln’s quote
- Lincoln famously said, “Of the people, by the people, for the people”.
- In the Universal Declaration of Human Rights
- The declaration states, “The will of the people shall be the basis of the authority of government”.”[25]
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner,1977
“The concept of democracy as visualised by the Constitution presupposes the representation of the people in Parliament and state legislatures by the method of election.”
Republic
“In a REPUBLIC all offices including the highest are open to all citizens. It also means that the source of all authority under the Constitution are THE PEOPLE and not any hereditary ruler.”[26]
Added after considering previous history of India.
and to secure to all its citizens:
JUSTICE, social, economic and political;
The Constituent Assembly debates of November 1948 at pages 230 to 357 do indicate that the Directive Principles intended to provide life blood to social, economic and political justice to all people.
In C.E.S.C. Ltd. Etc vs Subhash Chandra Bose And Ors[27], it was held:
“The right to social and economic justice is thus a fundamental right”.
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
Dr. Ambedkar, while introducing the Preamble of the Constitution for discussion by the Constituent Assembly, had stated that the purpose of the Preamble is to constitute “a new society in India based on justice, liberty and equality”
and to promote among them all
Fraternity
Indra Sawhney Etc. Etc vs Union Of India and Others
“Fraternity assuring the dignity of the individual has a special relevance in the Indian context, as …the makers of the Constitution were fully conscious of the unfortunate position of the Scheduled Castes and Scheduled Tribes. To them equality, liberty and fraternity are but a dream; an ideal guaranteed by the law, but far too distant to reach; far too illusory to touch. These backward people and others in like positions of helplessness are the favoured children of the Constitution. It is for them that ameliorative and remedial measures are adopted to achieve the end of equality.”
Dr. B.R. Ambedkar, in his closing speech in the Constituent Assembly on November 25, 1949, had described the three terms Liberty, Equality and Fraternity as:
“What does social democracy mean? It means way of life which recognises liberty, equality and fraternity as the principles of life. These principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty, would kill individual initiative – we have in India a society based on the principle of graded inequality which means elevation for some and degradation for others. On the economic plan, we have a society in which there are some who have immense wealth as against many who live in abject poverty”.[28]
assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
References:
- D.D. Basu, Constitutional law of India, VI Ed.
- Kesavananda Bharati vs State of Kerala case, 1973
- S.M. Sikri, CJI.
- Sir Alladi Krishanaswamy (member of Constituent Assembly), (Constituent Assembly Debates Vol. 10, p. 417).
- from Lord Thring’s “Practical Legislation, p. 36
- From Constituent assembly debates on 13 December, 1946
- Excerpt from constituent assembly debates
- Shiva Rao’s framing of India’s Constitution – A study- p. 127.
- Shiva Rao’s framing of India’s Constitution- A study- p. 128
- S.R BOMMAI V. UOI
- https://www.constitutionofindia.net/debates/15-nov-1948/
- S. R BOMMAI CASE JUDGEMENT
- https://indiankanoon.org/doc/1120103/
- Kesavananda Bharati vs State Of Kerala, 1973, Para.2245
- https://indiankanoon.org/doc/1939993/
- The constitution of India by J C JOHARI.
- https://indiankanoon.org/doc/60799/
- Sabyasachi Mukherjee, J.
- https://www.constitutionofindia.net/debates/11-dec-1946/
- 25 October, 1989
- https://en.wikipedia.org/wiki/Socialism_in_India#:~:text=The%20word%20socialist%20was%20added,sex%2C%20religion%2C%20or%20language.
- Samatha vs State of Andhra Pradesh And Ors on 11 July, 1997
- Samantha v. state of A.P,1997
- Dr. Sarvapalli Radhakrishna
- https://www.google.com/search?q=cases+in+which+the+word+democracy+defined&oq=&aqs=chrome.2.69i59i450l8.460046828j0j15&sourceid=chrome&ie=UTF-8
- Introduction to the Constitution of India by BRIJ KISHORE SHARMA
- 15 November,1991
- Constituent assembly debates (25 November,1949)
Written by
Preeti Atri
7th Semester/4th Year Student of B.A., LL.B (2021-2026), from Chanderprabhu Jain college of higher studies and school of Law, Narela, Delhi.
- Encouragement of Mediation: The Act promotes mediation as the preferred means of resolution of disputes since it may be quick and reduces the burden on the courts.
- Institutional Mediation: Through the provision for institutional mediation, the Act attempts to infuse greater structure and professionalism in the process of mediation.
- Enforceability of Settlement Agreements: Enforceability of a mediated settlement agreement is given the same stature as an order of any court through the provisions of this Act. This feature gives impetus to mediation as an alternative in the hands of the parties and also adds to the legal certainty involved.
- Confidentiality and Voluntarism: The Act reiterates these two basic tenets relating to mediation, which are the very _sine qua non_ for the effectiveness of that procedure.
- Training and Accreditation: This provision of the Act serves the purpose of ensuring mediators have had basic training and accreditation so that only professionals with the prerequisite qualifications carry out mediations.