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Constituent Power - Definition - Law Dictionary Home Dictionary Definition constituent-power

Definition :

Constituent power, the expression 'constituent power' is used to describe only the nature of the power of amendment. Every amending power, however large or however small it might be, is a facet of a constituent power. The power, though described to be 'constituent power', still continues to be any 'amending power'. The scope and ambit of the power is essentially contained in the word 'amendment'. Hence, from the fact that the new Article specifically refers to that power as a constituent power, it cannot be understood that the contents of the power have undergone any change, Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 (488): AIR 1973 SC 1461. [Constitution (Twenty Fourth) Amendment Act, 1971, s. 3(b)]

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