A CRITICAL ANALYSIS OF WHETHER UNION TERRITORIES WITH LEGISLATIVE ASSEMBLIES IN INDIA CAN BE CONSIDERED STATE FOR ARTICLE 368(2) OF THE INDIAN CONSTITUTION
- NLR Journal
- Mar 24
- 1 min read
By Tilak Raj & Srijon Banerjee School of Law, Christ (Deemed to be University), Bangalore.
Abstract
The Purposive Approach, also known as purposeful construction, or the "modern principle in construction," is a method of determining the contextual analysis of statutory interpretations. This research paper seeks to do a critical analysis of whether Union Territories with Legislative assemblies in India can be considered State for Article 368(2) of the Indian constitution. examining its effectiveness, limitations, and potential for future advancements. Through a qualitative analysis through primary and secondary sources, landmark cases pertaining to constitution in the same line of contention forms the foundation of this study. Article 368 of the Indian Constitution deals with the power to amend the Constitution. This research paper highlights the conundrum which arises in the context of the definition of state as Article 368(2) which comes under Part XX of the Indian Constitution but the same is being directed to the General Clauses Act as mentioned in article 367(1) of the constitution.
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