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India is one of the few countries where capital punishment is legal and is justified under the rarest of the rare doctrine. However, it is not just the execution in principle but the process of execution which matters. Discuss (10 Marks) ATTORNEY GENERAL OF INDIA-DUTIES AND FUNCTIONS


1. Constitution provides for its amendment in order to adjust itself to the changing conditions and needs.

2. Procedure laid down for its amendment is neither as easy as in Britain nor as difficult as in USA. In other words, the Indian Constitution is neither flexible nor rigid but a synthesis of both.

3. Article 368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

4. It states that the Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the Constitution in accordance with the procedure laid down for the purpose.

5. However, the Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution. This was ruled by the Supreme Court in the Kesavananda Bharati case (1973).

▪︎SOURCE – M. Laxmikanth

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