A review of the 5-year old GST, Basic Structure Doctrine and Constitutional Immutability, and Punjab's Struggling Economy
Hi, Pranay 🙂 Using the framework you discussed in the 168th edition of the newsletter, I have made an attempt to understand the constitutional immutability dilemma.
The question of the mutability of a constitution could be an answer to the question “what is the error threshold for amendments?”
Thus, the mutability of a constitution is constrained by the fear of errors — the error of commission and the error of omission.
By constraining the process of amendment, the US constitution commits the error of omission. The Indian constitution leans towards the error of commission.
Here, the error of commission would be adding such stuff to the constitution which wasn’t initially present in the constitution.
The error of omission would be abstaining from adding stuff to the constitution unless it’s strictly allowed by the constitution (!)
When the error threshold for amendments is set high (error of commission), concentration of power and centralised decision-making could quickly erode the nature of the constitution.
Hi Pranay! I love your Substack; it's really cool! :)
I wonder what you think about my piece about economics: https://join.substack.com/p/experimentation.