Constitution of India – 1

CONSTITUTION OF INDIA DEFINITION- Constitution of India is the fundamental law of the land and it is important to state that all other laws in India derive there from the Constitution of India. Hence it means that if the law is violative of any of the principles of the Constitution then in that case, that law will be struck down and held to be invalid. But if the law/legislation is adhering to the fundamental principles of the Constitution, then that law is said to be valid and the Constitutional validity of that law is upheld

  • Written or Unwritten- A Constitution may be written or unwritten. A written Constitution is one which is written down in a form of a document, book or text. However, there are some countries where the constitution is characterized as unwritten. For instance British Constitution. This is so because it is not embodied in a single comprehensive Constitutional Document. In the absence of a written Constitution, some Constitutional principles can be found in Court Decisions, Conventions and Usages.

The Central Doctrine of the British Constitution is the sovereignty of British Parliament which means that the Parliament can make or unmake any law and no distinction is drawn between a constitutional law and an ordinary law.

The difference between written and unwritten constitution is very basic. A written Constitution is the formal source of all the Constitutional Laws in the country. It is regarded as the supreme law or the fundamental law of the country and it mainly controls each and every institution of the Government. Every organ of the government must act in accordance with the Constitution.

DEFINITION OF CONSTITUTION

Constitution is an organic living document. It is the fundamental law of the land. It is the foundational law of the country which ordains the fundamental principles on which the government of that country is based. It lays down the framework and principal functions of various organs of the government as well as modalities of interaction between the government and its citizens. The Constitution of India was adopted by the Constituent Assembly on 26 November and came into full operation with effect from 26 January 1950 and hence the Republic Day. Originally the Constitution of India had 395 Articles, 22 Parts and 8 Schedules.

But presently due to various amendments, the Constitution of India now has 395 Articles, 22 Parts and 12 Schedules.

Constitutional Law of a country consists of both Legal as well as Non- Legal Norms. It may be federal or unitary in nature.

Before the Constitution of India came into being in the year 1949, the subjects of India were governed by the Government of India Act 1935, because before independence India was a part of British Empire and the sovereignty of British Crown prevailed over the country and it was in the exercise of this sovereignty that the British Parliament had enacted the Act of 1935. The Act of 1935 sought to change the character of the Indian Government from Unitary to Federal and before 1947, the effective power and control over the Indian Administration lay with the secretary of State, the Governors and the Governor General. Indian participation in the Government was very minimalistic and thus there arose an instant demand for independence which resulted in the setting up of the Constituent Assembly for drafting the Constitution for free India. The Constituent Assembly held its first meeting on 9th December 1946. It took more than three years for the Constituent Assembly to come up with the Constitution which was finally adopted on 26 November 1949 and which finally came into full operation with effect from 26 January 1950.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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