Written, Rewritten And Unwritten – Our Constitution
5 years, 4 months ago

Written, Rewritten And Unwritten – Our Constitution

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70 years back our Constitution was adopted on 26th November 1949 after 3 years of extensive debates by the Constituent Assembly and notably 4 years back, this day was renamed as the 'Constitution Day' or 'Samvidhan Diwas'. Our written Constitution broadly comprises of Assembly debates, Constitution book and various amendments & the Unwritten Constitution can be studied in form of 'Judicial Principles' and 'Constitutional Conventions'. As the Government was inserting legislations in the 9th Schedule whimsically, in 1967, in Golaknath Case the Supreme Court held that the Parliament cannot take away Fundamental Rights and prospectively overruled such legislations. In the most recent blow to the Constitution an attempt to encroach upon judicial appointments was made via the 99th Amendment to nullify judgments in 2nd & 3rd Judges cases by drafting NJAC.

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