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Constitutional law serves as the bedrock of a country's legal framework, defining the powers, rights, and responsibilities of its government and citizens. In India, constitutional law governs the functioning of the government, the rights and freedoms of its citizens, and the relationship between different branches of government. This article provides a comprehensive overview of constitutional law in India, exploring its history, key features, and significant legal developments.
Historical Context: India's constitutional journey began with the Indian Independence Act of 1947, which led to the formation of the Constituent Assembly. This Assembly, consisting of elected representatives, drafted and adopted the Indian Constitution on November 26, 1949. The Constitution came into effect on January 26, 1950, marking India's transition to a sovereign democratic republic.
Key Features of the Indian Constitution: a. Lengthy and Detailed: The Indian Constitution is one of the world's lengthiest, comprising a preamble and 470 articles, divided into 25 parts and 12 schedules. It covers various aspects of governance, fundamental rights, directive principles of state policy, and the structure of the Indian government.
b. Federal Structure: India follows a federal system of government, with powers divided between the central government and the states. However, the Constitution grants more power to the central government, making it quasi-federal.
c. Fundamental Rights: The Constitution guarantees certain fundamental rights to its citizens, including the right to equality, freedom of speech and expression, protection from discrimination, and the right to constitutional remedies. These rights are enforceable by the judiciary.
d. Directive Principles of State Policy: The Constitution also contains a set of directive principles aimed at guiding the government in creating a just and egalitarian society. Although these principles are not legally enforceable, they serve as important guidelines for governance.
e. Independent Judiciary: The Indian Constitution establishes an independent judiciary as a separate and distinct branch of government. The judiciary plays a crucial role in interpreting the Constitution, protecting fundamental rights, and resolving disputes between different branches of government.
b. Maneka Gandhi Case (1978): The Supreme Court expanded the scope of the right to life and personal liberty under Article 21 of the Constitution, stating that this right includes various fundamental freedoms and procedural safeguards.
c. Navtej Singh Johar Case (2018): The Supreme Court decriminalized consensual same-sex relationships, striking down the colonial-era law that criminalized homosexuality. This judgment was a significant milestone in recognizing the rights of the LGBTQ+ community.
Conclusion: Constitutional law in India plays a pivotal role in maintaining the democratic fabric of the country. With its extensive coverage of fundamental rights, separation of powers, and elaborate governance structures, the Indian Constitution provides a strong legal framework for the functioning of the government and the protection of citizens' rights. The judiciary, as the guardian of the Constitution, ensures its interpretation and enforcement, making constitutional law a dynamic and evolving aspect of the Indian legal system.
Tags : #HIGHCOURTS #INTERNATIONALLAW #ADVOCATES #BENCH #JUDGE #LEGALNEWS #LAW #LEGAL
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