Q.If amending power is with elected representatives, judiciary should NOT decide validity of amendments. Do you agree? 100 words.
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Start your 14-day free trial to unlock the full solution →I disagree, in a qualified way — the chapter's own account shows that judicial review of amendments does not take amending power away from elected representatives; it only stops that power from being used to destroy the Constitution's own foundations, which is a reasonable safeguard, not a denial of democracy.
It is true that the Constitution's amending power rests with elected representatives, and the chapter is explicit that "sovereignty of elected representatives... is the basis of the amendment procedure" — no outside body, and no judiciary, can itself pass an amendment. But the judiciary's role, since the Kesavananda Bharati ruling, is narrower than "deciding the validity of amendments" in general: it "allows Parliament to amend any and all parts of the Constitution" and steps in only to check whether a particular amendment would violate the Constitution's basic structure — the core framework "without which the Constitution cannot be imagined at all." This is not the judiciary substituting its own preferences for Parliament's; it is the judiciary ensuring elected representatives cannot use a temporary special majority to permanently dismantle the very Constitution that gives their own power its legitimacy. Four decades of political leaders across parties accept …
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