Constitutional Amendments in South Asia: Towards a Global South Perspective
The papers in this panel focus on constitutional amendments in three countries from the Global South—India, Bangladesh, and Sri Lanka—to illustrate how the historical and political specificities of these countries characterised their project of constitutionalism. The first paper discusses how the First Amendment to the Indian Constitution has been influenced by the potential of crowds and publics in relation to incitement to violence. The second and third papers deal with the tensions between constitutional amendments and the limits on parliamentary power, with a focus on the applicability of the basic structure doctrine. The former examines the Twentieth Amendment determination of the Supreme Court of Sri Lanka, and its rejection of the basic structure doctrine and emphasis on popular sovereignty while the final paper examines the “textualist“ formulation of the basic structure review that upsets its moral authority to promote court-centric constitutionalism in Bangladesh.