CALQ Volume 4 Issue 4 | Altering the Supreme Law of the Land

“You must make the Constitution flexible so that it is able to bend as per the social change, because if it does not bend, people will break it”

Aakash Laad and Harsh Singh in their article, titled “Altering the Supreme Law of the Land: A Constitutional Dichotomy between India and Australia”  published in Volume 4(4) of CALQ balance out the procedures for constitutional amendments in India and Australia. The authors discuss the referendum approach laid down in the Australian Constitution where the elected representatives give power to masses to bring the amendment. Comparing this approach with the procedure laid down in Article 368 of the Indian Constitution, the authors argue in favour of the latter.

The authors delve into various problems with the referendum approach under the India regime which includes burden on the state exchequer, cultural diversity and regional inconsistencies, awareness of public and so on.