Consitutional Law, LL.B 3rd term: Topi Basar

Friday, August 11, 2006

Introduction

Constitution is not to be construed as a mere law, but as the machinery by which laws are made.A constitution is a living and organic thing which, of all instruments has the greatest claim to be construed broadly and liberally.The constitution operates as a fundamental law.The governmental organs owe their origin to the Constitution and derive their authority from,and discharge their responsibilities within the framework of the constitution .The union parliament and the state legislature are not sovereign ,the validity of a law,whether Union or state ,is judged with reference to their respective jurisdictions as as defined in the Constitution.The judiciary has power to declare a law unconstitutional ,if the law is found to have contravened any provision of the constitution.The Indian Constitution, adopted by the Constituent Assembly on November 26,1949 is a comprehensive document containing 395 articles and several schedules.Besides dealing with the structure of govt. the constitution makes detailed provisions for the rights of citizens and other persons in a number of entrenched provisions ,and for the principles to be followed by the state in the governance of the country ,labeled as “directive principles of state policy”.

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