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Challenges To The Indian Constitution




Abhishek Kumar, LLM, Chanakya National Law University, Patna


ABSTRACT


The Indian Constitution, revered as the foundational document of the nation's governance, confronts a myriad of challenges spanning internal fissures and external pressures. This comprehensive study delves into the historical backdrop, contemporary complexities, and the indispensable role of the

judiciary in upholding constitutional principles.


Internally, the constitutional fabric is tested by secessionist movements, inter-state disputes, threats to secularism, caste-based politics, and economic disparities. These intricate dynamics reflect the multifaceted nature of governance in a diverse and complex society. Externally, border disputes and the influence of foreign policies and international treaties add layers of complexity to India's constitutional framework, highlighting the interplay between domestic and global forces. Central to this analysis is the role of the judiciary as the custodian of the Constitution. Through landmark judgments and judicial activism, the judiciary acts as a bulwark against constitutional erosion, ensuring the sanctity of constitutional values and the rule of law. Judicial stewardship emerges as a cornerstone in navigating the intricate web of challenges, safeguarding the integrity and supremacy of the Indian Constitution. This research offers critical insights into the evolving landscape of constitutional governance in India, shedding light on the complexities and tensions inherent in the nation's democratic framework. By examining historical trajectories, contemporary challenges, and the pivotal role of the judiciary, this study provides a nuanced understanding of the dynamics shaping India's constitutional journey.


Keywords: Constitutional Governance, Internal Dynamics, Judicial Stewardship, External Pressure, Rule of Law.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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