Constitution delineates the powers and responsibilities of the various instrumentalities of the

state, imposes limitation upon them, and regulates the relations between the state and its
population. It also embodies, and even strives to construct, a common national, political and
constitutional identity for the people it covers.
Judicial interpretation alone or along with the amendments in the written text does not
exhaust all avenues of keeping the constitution in sync with the changing times. Nor do
people or governments always agree with the judicial interpretation of the constitution. They
do give their own interpretations to make sense of the constitution in myriad ways.
Even though understood as a kind of law, public law cannot be reduced to a positive code of
rules or set of principles alone. We should rather view it as a prudential activity informed by
percepts of right conduct.1
It is true that the people have come to take a more active part in the making of the
constitution and the latin expression “constituere” from where “constitution” is derived after
all refers to an act of founding together, founding in concert or created jointly.2
The shape the constitution eventually takes is in many ways determined by the manner in
which the fundamental ethos and temperament of the people have already been constituted by
their distinct history.3
Generally it is said that convention may not lead to any court case and are not enforceable by
the courts. But are instances of conventions being recognized, and even applied by the courts
in india. As well as abroad..Reference may be made in this convention inter alia to the
following cases :
Carltona ltd v. commissioners of works;Madzimbamuto v. lardner-burke;Att gen v. Jonathan
cape ltd;Adegbenx v. Akintola;Re ammendmet id constitution of Canada ;Ram jawa v. State
of Punjab , UNR Rao v. Indira Gandhi;smasher singh v. state of punjb. These 4xmple
showthat constitutionsal amendement do influence judicial decisions.

1
M.Loughlin, The Idea of Public Law (OUP, New York 2004) 155,163.
2
Andreas Kalivas, ”Popular Sovereignty,Democracy and the Constituent Power”
3
H.F Pitkin, ’’The Idea of a Constitution” (1987) 37 J Legal Educ 167