The Common Law in India - College of Social Sciences and ...

222 The Common Law in IndiaAMENDMENTSThe Englishman may well ask how rapid economicprogress and a social welfare state can be achievedunder a written constitution which with its limitedpowers of legislation and Bill of Rights must impedethe progress of all legislation designed for these purposes.Difficulties have in this respect undoubtedlyarisen in a certain measure by reason of some constitutionalprovisions. However, courts of law, themselvesimbued with the ideals of progress and socialwelfare, have striven to their utmost in the exerciseof their power of judicial review to further, consistentlywith the fundamental law, the objectivesproclaimed by the Constitution. On occasions whenthe provisions of the Constitution created impedimentswhich were insurmountable the Constitutionhas been amended. In the short space of about tenyears there have been eight amendments of the IndianConstitution.Fortunately the method of amendment provided bythe Constitution strikes a just balance between flexibilityand rigidity. It provides a variety of amendingprocesses. Some amendments can be made by ordinarymajorities of Parliament. Additional safeguardsare, however, provided in the amending process inregard to those parts of the Constitution which areconcerned with the division of power between thestates and the Union. In such cases the concurrenceof the legislatures of half the states is required. Inthe words of Professor Wheare " This variety in theamending process is wise but it is rarely found." 8686 K. C. Wheare, Modern Constitutions, p. 143.