Role of judiciary in defining the nature of the constitution

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COMPARATIVE LEGAL SYSTEMS TOPIC: NATURE & SCOPE OF THE INDIAN LEGAL SYSTEM SUB TOPIC: ROLE OF JUDICIARY IN DEFINING THE NATURE OF THE CONSTITUTION “To live by the rule of the constitution,” wrote Aristotle, “ought to be considered not slavery but salvation” Submitted to: Ms. Abhinandan Bassi Submitted by: Trishita Das Gupta Group 10 Roll 570

description

Judiciary plays a very important role in defining the nature of the constitution. This short seminar upholds those important roles

Transcript of Role of judiciary in defining the nature of the constitution

Page 1: Role of judiciary in defining the nature of the constitution

COMPARATIVE LEGAL SYSTEMSTOPIC: NATURE & SCOPE OF THE INDIAN LEGAL SYSTEMSUB TOPIC: ROLE OF JUDICIARY IN DEFINING THE

NATURE OF THE CONSTITUTION

“To live by the rule of the constitution,” wrote Aristotle, “ought to be considered not slavery but salvation”

Submitted to: Ms. Abhinandan BassiSubmitted by: Trishita Das Gupta Group 10 Roll 570

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CONSTITUTION OF INDIA• Passed by the Constituent Assembly on

26 November, 1949• Supreme law of the land• It describes and legally prescribes: The organization and powers of the Government The principles and rules governing the

struggle for power in the state Relations between the people and the

Government The rights and duties of the people

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Government of India

ORGANS OF THE GOVERNMENT

Legislature Executive Judiciary - Performs the - Implements - Applies laws law making the laws of the and settles function State disputes

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SUPREME COURT : GUARDIAN OF THE CONSTITUTION

• Supreme court has the duty to defend and protect it

• The supreme court can declare a law as unconstitutional, ultravires, or void

• Power to examine the validity of laws is called judicial review

• Interpreter of the constitution

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ROLE OF JUDICIARY IN DEFINING THE NATURE OF THE CONSTITUTION

• Interpretation and application of laws• Equity legislation• Protection of rights• Advisory body

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CASE LAWS

• Golaknath case (AIR 1947 SC 1643): Fundamental rights are non-amendable - emphasized the great value and significance of these rights

• Kesavananda Case (AIR 1973 SC 1461): The Basic structure of the Constitution cannot be amended

• Dr. Pradeep Jain Vs. Union of India (1984 AIR 1420): There is single citizenship all over India and a person from another state is not an outsider.

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CONCLUSION

Judiciary is there to bring out the relevance of the laws stated in the constitution in today’s time. It sees to it that laws are not arbitrary or coercive. The main aims and nature of the constitution are brought out by the judiciary. The judiciary helps to change the nature of the constitution with the change in times.


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