Assignment 2: Constitutional Law 2 Responses to be turned in by 5 PM on Monday. For detailed instructions vide form please refer to the Course-Outline. In ADM Jabalpur the Supreme Court sacrificed reason at the altar of formalism. Mercifully for us, and quite unusually so, it took the legislature to undo its folly. An uncommon reversal of roles if you will…Be that as it may, it appears that the Parliament in its new found avatar of sentinel of our rights appears to have overlooked practical concerns. You see, the terms of the 44 th amendment, the undoing of Jabalpur, have, on judicial reading rendered meaningless the terms of art. 358 and 359. Explain the above context and in so far as you see a problem, propose a solution. Do so in light of the Supreme Court’s decision in ADM Jabalpur, as also the 42 nd and 44 th amendments. You may refer to Constituent Assembly Debates as well to grasp original intent in respect of the provisions in questions.
Assignment 2: Constitutional Law 2Responses to be turned in by 5
PM on Monday. For detailed instructions vide form please refer to
the Course-Outline. In ADM Jabalpur the Supreme Court sacrificed
reason at the altar of formalism. Mercifully for us, and quite
unusually so, it took the legislature to undo its folly. An
uncommon reversal of roles if you willBe that as it may, it appears
that the Parliament in its new found avatar of sentinel of our
rights appears to have overlooked practical concerns. You see, the
terms of the 44th amendment, the undoing of Jabalpur, have, on
judicial reading rendered meaningless the terms of art. 358 and
359.
Explain the above context and in so far as you see a problem,
propose a solution. Do so in light of the Supreme Courts decision
in ADM Jabalpur, as also the 42nd and 44th amendments. You may
refer to Constituent Assembly Debates as well to grasp original
intent in respect of the provisions in questions.
