Constitutional Law

Overview of Constitutional Law

Constitutional Law

The Constitution of India is the grand norm of the country. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. The Constitution is supreme in this country as it was created by a constituent assembly, and adopted by its people, with a declaration in its preamble that all institutions shall function as per the Constitutional law. Dr. B. R. Ambedkar is regarded as its chief architect. This article is an attempt to give an overview regarding Constitution of India and fundamental rights.

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950. It deals with the union and its territory, citizenship, fundamental rights and duties, directive principles of state policy, the Union, the States, union territories, the High Courts in the states, subordinate courts, the panchayats, the municipalities, cooperative societies, the scheduled and tribal areas, relations between the union and the states, finance, property, contracts and suits, trade, commerce and intercourse within the territory of India, services under the union and the states, tribunals, elections, special provisions relating to certain classes, official language, regional language and Emergency provisions. Under the scheme of Constitution of India, Parliament/ State legislation is empowered to make laws, Executive implements the laws and Constitutional courts interpret the provisions of Constitution. Parliament can amend the Constitution but the basic structure of the Constitution cannot be amended under Article 368.

Most of the Fundamental rights are enforceable against State under Writ petition either before High Court or Supreme Court. State is defined under Article 12, Article 13 definition of law, Equality clause: Article 14, 15 & 16, Abolition of untouchability: Article 17, Abolition of titles: Article 18, Freedom to expression and speech: Article 19, Rights of accused: Article 20, Right to life and liberty: Article 21, Protection against arrest and detention in certain cases: Article 22. Writ jurisdiction of the Hon’ble High Court can be invoked under article 226 in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Hon’ble Supreme Court, the highest in the country, may also issue writs under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights.

Constitutional Remedies

The petitioner must file a representation in the department/ office to avail an existing remedy before filing Writ petition in the Hon’ble High Court or Supreme Court. Although, no specified limitation is applicable to the violation of fundamental rights in the Hon’ble High Court the petition may be dismissed on the ground of delay and latches. Our Best Advocates for Constitutional law in Chandigarh have always advised their clients to file the case within a reasonable time to avoid any damage due to delay.
The Constitution of India is the most exhaustive Constitution of the world and it has safeguarded all the institution of India from arbitrariness. The role of constitutional courts as watchdogs over the institutional balance is actually bringing the spirit of rule of law in India.

Code of Criminal Procedure CrPC

B&B Associates LLP

Advocates & Legal Consultants

Head Office SCO 45-46, Sector 11, Panchkula, 134109

 

Articles On Constitutional Law



In Constitutional Law, Seventh Schedule On September 7, 2017

SEVENTH SCHEDULE The Constitution of India covers the list of areas to extent of which the State and Union Government can exercise their powers. It is covered in seventh schedule of Constitution of India. Hence, one level of government doesn’t interfer …

Read Full Article..

In Constitutional Law, Municipalities On September 7, 2017

Municipalities This concept of municipal governance in India is not a modern concept, it was quite developed in medieval times, in 1666 first municipal body came into force that was Madras Municipal Corporation in 1726 Bombay Municipal and Calcutta Mun …

Read Full Article..


The interpretation of laws is the primary function of the courts of law. In course of time, courts have evolved a large and elaborate body of rules to guide them in construing or interpreting laws. The object of all such rules or principles is to ascer …

Read Full Article..


Overview Fundamental rights are those rights which are guaranteed to the citizens of India under its constitution. The dictionary meaning of the word ’fundamental’ is “important”. Hence, these are the rights which are of extreme and primary importance. …

Read Full Article..

In Constitutional Law, Equality Before Law On September 7, 2017

Article 14 of Constitution of India deals with equality before law. It secures “equality before law” and “equal protection of laws”. Equality before law, also known as: equality under law, equality in the eyes of the law, or legal equality, is the prin …

Read Full Article..

In Constitutional Law, Election Law On September 7, 2017

Overview: Part XV of the constitution provides for the regulations related to the elections. Ours is parliamentary form of democracy. It is necessary that the elections are conducted without any bias. A suitable machinery is set up for the purpose of e …

Read Full Article..

In Certiorari, Constitutional Law On August 22, 2017

A writ is a quick remedy against injustice, a device for the protection of the rights of citizens against any encroachment by the governmental authority. In India, the power to issue writs has been vested in the Supreme Court and the high courts. It is …

Read Full Article..

In Constitutional Law, Prohibition On August 22, 2017

A writ is a legal document issued by a court or judicial officer. Anything that is issued under an authority is a writ. The Supreme Court may issue writs under Article 32 of the Constitution for the enforcement of Fundamental Rights and under Article 1 …

Read Full Article..


The term necrophilia is derived from the Greek words necros (corpse, dead body) and philia (love, friendship) means: sexual gratification by having sexual intercourse with the dead and is known to be one of the weirdest, most bizarre and revolting prac …

Read Full Article..


‘who’s the Best Advocate in Chandigarh High Court?’ – keeps you thinking? We have been working to provide best legal services and helping our clients and litigants since 1982. The relation of B&B Associates and law is an old one. Over the years, we …

Read Full Article..


Finally with publication of 248th interim report dated 12th September 2014, of 20th Law Commission, the pruning of anarchic obsolete laws is on the horizon. The venture “Identification of Obsolete Laws” was taken up suo-motu by the 19th Law Commission …

Read Full Article..


Ever wondered how and when Best Lawyers Invoke Inherrent Powers of High Court? Nothing in the Code of Criminal Procedure limits or effects the inherent powers of the High Court – – to make such orders as maybe necessary to give effect to any order unde …

Read Full Article..


More than quickly given a YES by a Writ Lawyer? Rethink! With the increasing responsibility of the state into the public realm, for the good of the public, the departments and the works of the administrator had increased. State, legislation, government …

Read Full Article..


With great power comes great responsibility. Under Administrative Law, the government authorities have powers and functions to administer an organization, there is a specified manner in which these powers are to be exercised and the aggrieved persons h …

Read Full Article..

In Constitutional Law On July 22, 2017

OVERVIEW Government has three functionary bodies, often called three wings of the government –namely, Legislature or the law making body, Executive– the executor or implementer of laws, Judiciary – interpreter of laws . They are all interlinked organs …

Read Full Article..

In Constitutional Law, Tribunals On July 20, 2017

Tribunal can be defined as an individual or an institution which has authority to judge and to order. Tribunals are not ordinary courts, these tribunals have jurisdiction over very specific matters or can be stated as that they deal with specific matte …

Read Full Article..


(Provided in the Article 26 of the Indian Constitution) It may be noted that while Article 25 i.e right to freedom of religion is available to all persons, Article 26 is confined to religious denomination or institution only. Overview The term “religio …

Read Full Article..

In Constitutional Law, Natural Justice On July 20, 2017

Meaning: Natural Justice is the basic rule of fairness in proceedings. Whole Constitution is based on the principles of natural justice. It is not a codified law but depends upon the merits of the case. It implies that every person is entitled to fair …

Read Full Article..

In Constitutional Law, Habeas Corpus On July 20, 2017

Overview: Article 32 and 226 of the constitution confers writ jurisdiction upon the supreme court and the high court respectively. A writ is a formal order in writing issued under seal, in the name of the government, sovereign, court or other authority …

Read Full Article..


Fundamental Duties are defined as moral obligation of every citizen which is to be followed in spirit of nationalism and patriotism. Fundamental Duties were added in the 42nd Amendment of the constitution. These are mentioned in Article 51A. These duti …

Read Full Article..


Emergency refers to a situation in which the powers of governance come in hands of president. It refers to the governance as proclaimed by the president under an altered constitutional set up. Indian Constitution consists of provisions for emergency in …

Read Full Article..

Landmark Judgments On Constitutional Law



In On

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1277 OF 2014 (@SPECIAL LEAVE PETITION (CRL.) No.9127 of 2013) ARNESH KUMAR ….. APPELLANT VERSUS STATE OF BIHAR & ANR. …. RESPONDENTS J U D G M E N T Ch …

Read Full Article..