Constitutional Law In India by : Tamaghna Banerjee
Constitutional Law In India
Authored by : Tamaghna Banerjee
Designation: Student
Organisation: Indian Institute of Management, Rohtak
Contact: 9432204067
Table of Contents
4.
LITERATURE REVIEW...................................................................................
6.
RESEARCH QUESTIONS.................................................................................
CERTIFICATE OF ORIGINALITY
This is to certify
,that the research paper & report has been submitted after immense hard work for this independent and original
work. I have duly acknowledged all the sources from which I have taken information and ideas. The project is free
from plagiarism and has not been
submitted or copied from elsewhere for publication. All copyrights are reserved
for my present research
report.
Name: Dr. Bhanu Pratap
Singh
Qualifications: Ph. D. (IIM Raipur)
Area: Finance and accounting
Phone: 01262-228623
Experience: Dr. Bhanu Pratap
Singh is an Assistant Professor
of Finance at IIM Rohtak.
Prior joining to IIM Rohtak,
he was associated with Goa Institute of Management (Nov 2019 – Aug 2022) and NMIMS, Navi Mumbai (Oct 2018 –
Oct 2019). He holds Ph.D. in Finance from IIM
Raipur and MBA in Finance from IBS Hyderabad. He has also qualified UGC
– NET JRF in Management (2012). His primary area of research is Corporate Finance.
Teaching areas: Corporate Finance,
Valuation, Financial
Derivatives, Fixed Income Securities, Econometrics, Time Series Analysis.
Research interest: Corporate Finance, Market
Microstructure, Asset Pricing.
INTRODUCTION
Constitutional Law refers
to those Laws which regulates
the relationship between
various branches or organs of the government. These are the fundamental principles according to which a state
is governed and it determines the functions and powers of the State
The Constitution of India has uphold the values of unity in diversity, sustaining diversified democracy rooted in Constitutional culture,
Constitutional morality and Constitutional politics embedded in equality.
It has been
defined by two famous
Legal Scholars as:
• Salmond: Constitutional Laws as the name implies,
is a body of those Legal rules which determine
the Constitution of the State.
• Dicey: Constitutional Law includes all rules which directly or indirectly affects the distribution or exercise of sovereign power in the state.
We want to study it as:
1) A source
of Law
2) The way it is applied by Courts
3) Legal rules & Conventions
The
Constitution of India is a living organism and dynamic. It is not static law
because static law is like a deadwood
that makes the system rigid and inflexible. It is receptum of living thought
without losing its original color,
content and basic sancrosant character. In order to save Constitution of India from being defaced
and defiled , we need a set of honest
men who control
it and operated it having
the interest of the country before them.
STATEMENT OF PROBLEM
Constitutional
Law as a topic of study is very general and as vast as the sea. We want to
specifically focus on the fundamental principles of the Indian Constitution and a comparative study with the British Constitution and the US. We want to understand why Constitution is a Living document and how does state
derives its power from it. There is a wide ignorance among people about the
Constitutional Provisions, we will try to answer
this problem by a survey
and raising awareness among people.
OBJECTIVES
·
To give an introductory idea about Constitutional Laws in India
·
Be fully equipped
and gain knowledge
about with this branch of Law
·
To Critically analyse
the background behind the Birth of our Constitution
·
To study the scope of Constitutional law in India
·
To deeply study the constitutional laws in India
tracing from Government of India,1935 to the provisions of the present Constitution
·
To study the Limitations of this branch
of Law in India
·
To raise
awareness among people about the their rights and the statutes
and provisions of the Constitution
LITERATURE REVIEW
1)
Indian Constitutional Law, M.P. Jain (6 th Edition), Lexis Nexis
2)
Introduction to the Constitution of India, Durga Das Basu (23 rd Edition), Lexis Nexis
3)
Outlines of Indian Legal and Constitutional History,
M.P. Singh (8 th Edition), Lexis Nexis
4)
Constitution Law
of India, H.M. Seervai (4 th Edition), Law & Justice Publishing Co.
5)
Legal Method, Reasoning
and Research methodology (2014) ,Professor Dr. K.L. Bhatia
& Dr.
S.C. Srivastava, Regal Publications.
1.1
Need for Constitutional Laws:
It becomes necessary for the state to establish certain organs or agents
which acts on its behalf and through
which state can function and operate. Thus, certain fundamental organs are
necessary. This creates need for
constitutional law.
The state can’t govern
itself on ad hoc basis or
without a basic set of rules
and principles.
1.2
Purpose of the constitution
The purpose of the constitution is to have a framework of government which is likely
to endure through
vicissitudes of the nation. It is a predictable body of rules
and norms from which government can draw its powers and functions. It lays down
certain goals and aspirations which country wishes to achieve in future. For instance, the directive principles of state policy
in the Indian Constitution lays down the aspirations
which our founding fathers of the constitution dreamnt of or wanted to achieve.
1.3
Types of Constitution
Federal:
Federalism is a form of government in which two levels
of authority share control over the same region. Larger territorial areas are typically
governed more broadly by an overall national government, while smaller subdivisions, states, and Local
concerns are governed by cities. The federal government as well as the smaller Political subdivisions
both have some autonomy and the authority to enact laws from one another.
Unitary:
In a unitary constitution, the provinces are subservient to the central
government, but in a federal constitution,
the federal and state governments have different levels of authority. A unitary
state is a sovereign state where all
powers are vested in the central government, which is governed as a single body. Administrative divisions may be
established (or eliminated) by the central authority (sub- national units). These organisations only
use the authority that the federal government has granted them.
1.4
Key Points on Indian
Constitution
·
India is a Union of States, usually referred to as
Bharat. It has a parliamentary form of government and is a Sovereign Socialist
Secular Democratic Republic.
The Indian Constitution, which was approved by the
Constituent Assembly on November 26, 1949, and took effect on January 26, 1950,
governs the Republic.
·
The Constitution establishes a parliamentary form
of government with some unitary
characteristics and a federal framework. The President is the official
head of the Union's Executive under
the Constitution. According to Article 79 of the Indian Constitution, the President
and the two Houses known as the Rajya Sabha
and the House
of the People make up the Council
of the Parliament of the Union (Lok Sabha).
·
A union of states, India is often referred to as
Bharat. It is a Sovereign Socialist Secular Democratic
Republic that is governed by a parliamentary form of government. The Indian Constitution, which was ratified
on 26 November 1949 and took effect on 26 January 1950,
is the legal framework
within which the Republic
of India is governed.
·
According to the Constitution, a parliamentary form of
government with some unitary characteristics
and a federal organisational structure is permitted. The President is the President
of the Union as defined by the Constitution. The President and two Houses—the Council of States (Rajya Sabha) and the House of the People—make up the Council
of the Parliament of the Union, according to Article 79 of the Indian Constitution (Lok Sabha).
1.5
Forms of Constitution
• Written Constitution:
It refers to a constitution that is codified
and in a structured manner.
It is a sacred legal
document. Most of the times the it is rigid in nature.
Here, constitution is supreme authority and fundamental law of the land.
Judiciary has a lot of powers and independence. The constitution of United
states of America is oldest written constitution in the world in 1787.
• Unwritten Constitution:
It is a constitution that is
uncodified in nature and not in a structured form. It is there in form of statutes, treaties and convention Here,
Parliament enjoys more power and supremacy. It is mostly flexible or changed easily. Judiciary has less powers. The
oldest form of unwritten constitution in the
world is the Magna Carta in 1215. It eventually evolved into the
unwritten constitution of the United Kingdom.
1.6
Constitutionalism
Constitutionalism is the doctrine or belief that a
country's legal system or constitution determines the power of its government. Although
limited government is commonly associated with constitutionalism,
that association is merely one meaning of the term and is in no way the most prevalent
one historically. Constitutionalism more broadly refers to efforts
to stop arbitrary governance.
Therefore, a constitutional government is one which is democratic government.
The principles of Constitutionalism include
clear Separation of Powers, Accountable Government, So
1.7
Magna Carta
The Magna Carta is the oldest & the first form of
legal document or constitution in the world. Also, known as The great English charter. It was charter of civil
liberties granted by King John in 1215. It stated
that No free man may be taken, locked up, stripped of his property, made
illegal, banished, or subjected to
any other form of ruin unless it results from a legal decision made by his
peers in accordance with the law of the state. No one will be sold to, and no one will have their rights
or justice delayed or denied to. It said sovereign
power is subject to rule of law and put the principle in writing that the king and government are not above law. It had provisions of clauses of providing free church, reforming law & justice
and controlling behaviour of royal officials.
SALIENT FEATURES OF INDIAN CONSTITUTION
1.8
Modern Constitution
• Indian Constitution is a very interesting and unique document.
It was drafted in the mid 20th century. It took
cognizance from various
constitutional processes.
•
The Originality of the Indian Constitution, it had
impact of several constitutions but it still has a distinct identity and
not mere a carbon copy.
• Our
constitution adopted various principles from different constitutions around the
world but it was adjusted to the
needs of Indian Society. It is continuously evolving to meet the requirements
of the modern era such as Data Privacy and protection laws.
1.9
Written Constitution
•
The Indian Constitution is one of the lengthiest
constitution in the world. It has 395 Articles, 12 Schedules and 22 Parts.
• It is one of the longest
organic laws. The judiciary is independent and a clear
separation of powers is
there in the Indian
Constitution.
• It provides
scope for development and growth of conventions. It is also evolving continuously and is relatively flexible in nature.
The constitution is supreme and fundamental law of
the land.
1.10 Preamble
• Our Constitution’s spirit is the Preamble, which acts as the backbone
of our co0nstitution. It helps to unlock legislative intent behind
drafting of the laws. It clarifies the source of Law and acts as the ultimate
sanction.
• It lays
down the aims and objectives that the legislative body or the constituent
assembly wanted to achieve. It portrays most of our intended laws were socio-economic in nature.
•
It also gives a concrete shape to the aspirations of
the people. It defines India to be a sovereign, secular, socialist, democratic republic. It promotes
Justice-social, economic, political; Equality- status and opportunity and Freedom of thought, belief, expression, worship.
• Originally
it was not a part of the constitution but it was corrected by the landmark
Kesavananda Bharati case by which now preamble does forms a integral
part of the constitution.
• The
Objectives resolution passed by Jawaharlal Nehru in the constituent assembly
gave birth to the preamble and acted
as some of the guiding principles that helped our visionary leaders in drafting
of the constitution.
1.11 Socialist State
• The world socialist was added to the preamble
of the constitution by the 42nd amendment
in 1976.
• It portrays
India’s commitment to the idea of socialism
i.e. protection of the poor and weaker
sections of the society
and equitable distribution of
resources.
• Most of our leaders
or constitution makers
wanted India to have a pro-socialist approach.
India gave subsidies and had tariffs till Liberalisation
in 1991.
• The Supreme
Court defines Socialism as establishment of an Egalitarian social order through
rule of law is
basic structure of the Constitution.
1.12 Welfare State
• It refers
to a state which renders
social welfare to people and promotes
their general welfare.
• It has been
reflected in the Directive Principles of State Policy. It provides a modern outlook
for well -being of overall society as a function
of the state.
• Goal of economic democracy along with political democracy for the poor developing countries such as India.
1.13 Secular State
• This was added to the Constitution by the 42nd amendment in 1976 and was made explicit to the constitution.
• There is no official
religion in India and no religion is promoted by the state. The right to freedom
of worship & religion.
• State doesn’t
favours or identifies with any particular religion. Multifarious religious
groups exist in the country.
• Supreme Court declares secularism as a basic feature of the constitution. It is a part of fundamental law.
1.14 Minorities
• It is a liberal scheme of safeguard to minorities, backward
classes, scheduled caste and scheduled
tribes in the Indian constitution. It gives a scheme
of reservations for protection of minorities.
• Reservations
have been implemented to ensure equity and safeguard the interests of the
minorities and backward classes. It promotes
equal chance of choice and oppurtunities.
•
Constitution also sets up a effective machinery to
oversee these safeguards are effectuated or implemented properly
across the country.
1.15 Fundamental Rights
•
The fundamental rights are conceived in liberal spirit
which seeks a reasonable balance between individual freedom
and social control.
• It promotes
the rule of rule of law and acts as edifice of the constitution culture,
constitution values, constitution morality
and constitution politics.
•
There are six fundamental rights are right to Equal
Opportunity (Article 14-18) the freedom to (Article 19-22)
firmly opposed to exploitation (Article
23-24) Right to Religious Freedom
(Article 25- 28).
• There is
effective machinery of constitutional remedies if any of these fundamental
rights are been curtailed or violated by the state in Article 32 &
226 of the constitution.
1.16 Elections
• The constitution has adopted universal adult franchise of framework of election in India. i.e. anybody above
18 years can participate in elections of the country.
• Right to
Vote is a fundamental right in India. In order to conduct free anf fair
elections the Election Commission has been
set up.
•
The Election commission is an autonomous body. It is
free and independent in nature. It is also impartial.
1.17 Judiciary
• A dignified and crucial position
has been given to the judiciary in the constitution. India has a unified system
of courts and federal in nature.
• The apex court in the country
is the Supreme Court of India and there are high courts
in the country.
• Indian judiciary
has three features-
active judiciary, judicial
creativity of highest
order and safeguard
judicial interdependence.
Judicial review is a basic feature
of the constitution.
1.18 Federal Constitution
• India has a
federal constitution. It has dual polity but single citizenship unlike the US
where both national &
state citizenship is there. It has
been inspired by contemporary federations.
• Union in place of federations as governance was selected by the drafting
committee. There is a good deal
of centralisation, single imperium & the country is one integral whole.
Cooperative federalism can be seen
between the centre and the state.
• The
constitution is single frame that is equally applicable to the state as well as
the centre. A strong union
government has been promoted and inter-governmental cooperation between the
state and the central government.
• A strong
union government has been promoted
and inter-governmental cooperation between the state
and the central
government. Federalism is declared as basic structure of the constitution.
1.19 Rule of Law
It constitutes Dicey’s three pillars of concept of rule of law:
1. Supremacy of Law
2. Equality before Law
3. Predominance of Legal spirit
RESEARCH QUESTIONS
1)
What is a statute?
2)
What is the scope of Constitutional Laws in India?
3)
What gives birth
to a Constitution?
4)
What is the need for a Constitution?
5)
What are the limits
to the powers of the Government?
6)
What is the Fundamental Law of the Land?
7)
How can we say that the Indian Constitution is a Modern Constitution?
RESEARCH METHODOLOGY
Survey on Legal awareness among people across various
age groups and occupations mainly fellow Students, Professionals, House wives, Unskilled workers about the Constitutional Provisions and their Rights & Duties as implied by the Constitution of India.
NATURE
Both Primary &
Secondary data has been
relied upon to conduct this research work
SOURCES OF DATA
a)
Primary Data: Surveys,
Questionnaire
b)
Secondary Data: Books, Articles and Newspaper review,
Government Reports and Websites
SAMPLING METHOD
Snowball method has been used and the sample size of 35
people has been reached out to collect information and successfully conduct the survey.
ADMINISTRATION
The Survey
in Google Forms has been administered through E-mail
STATISTICAL METHODS
Data collected & responses from survey has been studied potrayed through Pie Chart.
CHARTS
LEGAL SYSTEM OF A COUNTRY
Laws governs
the affairs of a country Laws by which state governs its citizen or affairs
of State or members
Constitutional Law Tort Laws
Administrative Law Contract Laws
International Law Criminal Laws
Flow chart on Federal
structure
RESEARCH SURVEY REPORT
Questionnaire: Constitutional Law in India
57.1% of the respondents have correctly identified the actual date
54.5% have correctly
chosen identified the right option
97.1% have basic knowledge about who is the
father of our constitution
There are varying
responses on this question but 57.6% people
rightly identified the correct option
There are varying responses on this question but 78.8% people have knowledge
about nature of our constitution
82.9% people
know about the features of Right to education
Only 45.5 % have been able to identify the correct answer
61.8% people have idea about what amendments are about and how many have been there so far in India
65.7% have correctly answered
62.9% have correctly
identified the person behind the objectives resolution
57.1% have idea about the Directive principles
91.4% have knowledge about the apex and the highest court
in our country
76.5% know
about number schedules in our constitutio
CASE STUDY:
LANDMARK CONSTITUTIONAL CASES
1.20
Golaknath v. State Of Punjab (1967 AIR 1643, 1967 SCR (2) 762)
In 1967, the Supreme Court ruled in the Golaknath case
that Parliament could not restrict any of the
Fundamental Rights guaranteed by the Constitution.
Two brothers named Henry and William Golaknath
owned around "500 acres of farmland"
in Jalandhar, Punjab. The Golaknath
brothers were informed that they could only own 30 acres of property under the recently passed Punjab
security and land tenure legislation, and that some of the remaining
land would be distributed to tenants and acquired by the government as excess.
The Golaknath family opposes the actions of the local
government, and in 1965, the case reached the
Supreme Court. The supreme court had the largest bench in history at the
time of this case. The petitioners
won the verdict by a 6:5 margin, indicating a majority vote in their favor. The
majority of those who supported this choice believed
that the government should be denied
any rights or authority that would
make it possible for them to change the Constitution.
The majority of those who spoke agreed
that the Constitution's fundamental rights are a very important and vital component. Without them, the
Constitution would be like a "body without a soul. "It is believed that a person's individuality can
only grow with the protection of their fundamental rights. These are the rights
that give a man the freedom to
choose how he wants to live his life.
The fundamental rights
that we are guaranteed by our constitution include the rights of minorities and other groups
that are disadvantaged. The Constitution of India states
that Parliament and state legislatures have the authority to make
laws in their respective areas. However, this authority is not absolute in nature. The judiciary is in
charge of upholding the Constitution and determining whether all laws comply with the Constitution.
The majority's decision
to protect Indian
democracy from the oppressive actions
of the parliament was commendable. With this decision,
the parliament's dictatorship came to an end. The majority of the
court was concerned that the decision might weaken the constitution. This ruling stopped
the legislature from violating
citizens' fundamental rights by limiting
the legislature's authority. Preserving fundamental
human rights that no government can take away was the primary focus of the
trial. The Golaknath case upheld the
"rule of law" by demonstrating that parliamentarians are too subject
to the law.
1.21
Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225; AIR 1973 SC 1461
Kesavananda Bharati was leader
of a religious cult in Kerala. Some lands were purchased in the sect's
name. According to the Kerala
Land Reforms Act of 1963, which was later revised
by the Kerala Land Reforms
(Amendment) Act of 1969, the state government was required to acquire some of these lands in order to fulfil its socio-economic duties.
In order to enforce his rights under Articles 25 (the right to practise and propagate religion), 26 (the
right to manage religious affairs), 14 (the right to equality), 19(1)(f) (the freedom to acquire
property), and 31, the petitioner filed a petition with the Apex Court under Rule 32 on March 21st, 1970.
(Compulsory Acquisition of Property). While the Court was considering the petition, the Kerala State Government passed the Kerala Land Reforms
(Amendment) Act, 1971. The Golaknath ruling established the parliament in order to clarify their stance that they are not
bound to adequately compensate the landowners amended Article 31(2) in case
there property is acquired by the state.
The word “amount” was placed instead
of compensation in the provision.
The petitioner in the precedent-setting
case, among other things, argued that the Parliament's ability to modify the Constitution is constrained
and limited. Justice Mudholkar's Basic Structure theory, which was advanced
in Sajjan Singh, served as the foundation for this argument
of restricted competence with the Parliament. The
respondent, or the State, argued the same points it has been making since Shankari Prasad, namely that
parliament has unrestricted, total power to modify the Constitution. This state argument was founded on the fundamental
tenet of the Indian legal system, the
supremacy of parliament. The state also argued that it is very important that
there be no conflict between the two
countries in order to fulfil its socio-economic commitments provided to the
citizens by the union in the Preamble.
By a vote of 7:6, the court ruled that Parliament may change any and all provisions of the constitution, provided that the change does not alter
the constitution's fundamental principles. The court's
deduction for the answer was the DOCTRINE
OF BASIC STRUCTURE. According
to this idea, Parliament may update
the Constitution as a whole, but only under the condition that they do not
alter any of the elements that make up
the Constitution since doing so
would render it meaningless.
The Kesavananda Bharati Case exhibits exceptionally high
levels of judicial ingenuity. The majority bench's
determination to defend the Constitution's core principles was founded on
reasonable and defensible logic.
Consequently, this admirable
decision had restored
the public's trust in the judiciary.
1.22
The Berubari Union,
(AIR 1960 SC 845)
The states of Punjab and Bengal were to be divided in
the Re Berubari Case. For the purpose of dividing
up the state of Bihar, Sir Cyril Redcliffe was appointed chairman of a
commission. The Redcliffe line is the name given to
a boundary that was established between India
and Pakistan.
Following this, there were disagreements between India and Pakistan regarding
the precise location
of the division. The district
of Jalpaiguri was divided between India and Pakistan by Sir Radcliffe, who gave India some thanas and Pakistan the rest. He missed one than during the procedure, namely; Union Berubari No. 12, and on August 12th,
1947, India received it. Pakistan was free to claim the territory as its own due to the commission's omission
and inaccurate depiction on the map. In 1952,
the Pakistani government challenged the Berubari Union for
the first time.
The regions under the Berubari
association stayed under the domain
of India till such time was a piece of West Bengal. In 1958, an agreement was
reached to settle the dispute, with India receiving half of the Berubari Union and India keeping the other half.
In addition, the court ruled that, despite the fact that the
preamble serves as a key to the minds of the
constitution's authors and explicitly refers to India's sovereignty, it
cannot prevent legislation from carrying
out its duties or be used to decide ambiguous provisions. It does not come from
any of the various powers that the
Constitution gives the parliament; These powers include those that are explicitly granted in the Constitution's
body and those that may be implied from those granted; The prohibitions and limitations are just as valid as the powers.
UK CONSTITUTION
The constitution of the UK
is not "written" or "codified." It is true that the
majority of nations have a document with unique legal
standing that embodies
some of their
fundamental principles. Courts
often uphold this wording,
and only a particularly difficult process may modify it. However, there isn't a single
such constitutional text in the UK. It does, however,
have a constitution. The constitution of the UK is divided up into many parts. It
could be more difficult to recognize and comprehend due to its dispersion. It can be found in a number of
places, such as certain specific Acts of Parliament, specific understandings of how the system should function (known as constitutional conventions), and numerous court judgments that affect how the system works.
In the UK, the legal system is referred to as "common law," which means that judges
proclaim that the law
is drawn from custom and precedent. Although it is the job of the courts to
interpret the laws, not to create
them, in actuality judges can create the law by defining what it is. Thus, they
have created key elements of the UK
constitution, such as individual rights and the notion that public bodies are bound by restrictions and do not have
unlimited power. The constitution under the UK system, as we have seen, is dispersed throughout a
variety of papers and sources, which can make it particularly challenging to understand. Due to this, the analyses of specialists trying
to understand the system might become very significant and powerful.
US CONSTITUTION
The United States of America Constitution is a key
piece of Western literature and the cornerstone of the country's federal
form of government. The Constitution describes the main governing bodies,
their spheres of authority, and fundamental rights
of people. It is the oldest written
national constitution still in
operation. Problems with the Articles of Confederation, which gave the majority
of authority to a Congress of the Confederation and formed a "solid league
of friendship" between
the States, led to the necessity for the Constitution. The
central authority regulated weights and measures, declared war, conducted
diplomacy, and was the last judge of interstate conflicts, therefore this power was incredibly constrained. Importantly, it was wholly
reliant on the States for funding because
it was unable to raise
any on its own
Invitations to a conference in Philadelphia to debate reforming the Articles were extended to the State
legislatures in 1787 as part of an effort to amend them. Delegates from
12 of the 13 States (Rhode Island did
not send any representatives) met in Philadelphia in May of that year to start
the process of restructuring
government. The participants to the Constitutional Convention immediately got
to work creating a new United
States Constitution. The Constitution's creators placed a high priority on protecting people' freedoms and restricting the scope of the federal
authority. The stated guarantees of individual
liberty, the theory of the separation of powers between the legislative,
executive, and judicial branches, and the checks and balances between each branch were all intended
to.
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CONCLUSION
We have conducted a thorough study on various aspects of
Constitutional Law in India based on the doctrinal
and empirical research. This research is on basis of both primary data i.e.
Survey through Questionnaire on constitutional awareness
in India among
various sections of India and secondary data (case
studies, articles and statutes). It can be concluded that at last after
considering the landmark constitutional cases that upheld the spirit
of our constitution it has been reflected
in our Survey Report that there is quite ignorance about the
constitutional laws and provisions. This research therefore wanted to point out flaws and bring
awareness among people and informing them about the spirit of our constitution. We hope that this Research
project would successfully serve the intended
purpose. It is very much important to raise awareness
and knowledge among people about our constitution. The Government is too trying to work towards this goal by simplifying
and making laws easily accessible and
understood by the common people. The laws and judgements are being translated
into vernacular languages scheduled
in our constitution. The Ministry of Law & Justice and Legislative
department has now recently translated the Indian Constitution into the 21 regional languages
(Assamese, Bengali, Bodo,
Dogri, Gujarati, Kannada,
Kashmiri, Konkani, Maithili,
Malayalam, Manipuri, Marathi,
Nepali, Odia, Punjabi,
Sanskrit, Santhal, Sindhi,
Tamil, Telugu, Urdu).We
are working towards
this goal when India is celebrating the diamond jubilee
of its independence.
LIMITATIONS
The foremost limitation is the lack of knowledge among common masses or citizens
about statutes and Legal
Principles. It is also important to check the validity of sources of data
relied upon to complete this research
More concerning is the wrong interpretation of Laws. I have deeply scrutinized
all the data before incorporating it in my final research
work & tried
my best to overcome this limitations and make the project report highly
reliable.
BIBILOGRAPHY
Books:
1)
Indian Constitutional Law, M.P. Jain (6 th Edition), Lexis Nexis
2)
Introduction to the Constitution of India, Durga Das Basu (23 rd Edition), Lexis Nexis
3)
Outlines of Indian Legal and Constitutional History,
M.P. Singh (8 th Edition), Lexis Nexis
4)
Constitution Law of India, H.M. Seervai (4 th Edition),
Law & Justice
Publishing Co.
5)
Legal Method, Reasoning and Research methodology (2014) ,Professor Dr. K.L. Bhatia
& Dr. S.C.
Srivastava, Regal Publications.
Case Laws:
( Landmark Verdicts
on Constitutional Laws)
1)
Kesavananda Bharati Case
2)
Goloknath Case
3)
Berubari Case
Websites:
https://consoc.org.uk/the-constitution-explained/the-uk-constitution/ https://www.law.cornell.edu/constitution