Legal and Constitutional Perspectives

Legal and Constitutional Perspectives :

The objectives Resolution of the Constituent Assembly to frame the Constitution to free India contains 8 clauses to guarantee and to secure to all the people of India : Justice – Social, Economic and Political, Equality of status and opportunity, freedoms “with adequate safeguards to the minorities, backward and depressed classes” to maintain integrity of the Republic and the “welfare of mankind”. The Preamble of the constitution of India, therefore, laid structural foundation to retrieve the aristocratic, medieval and hierarchical society for transformation as an egalitarian society assuring to every citizen Justice – Social, Economic and Political, the Liberties, Equality of Status and of Opportunity and to promote among all the citizens fraternity assuring the dignity of individual for unity among them and integration of the nation in Sovereign, Democratic Republic. Constitution 42nd Amendment Act introduced “socialist, secular” goals which were embedded in various provisions of the Constitution to make it more explicit. 

Constitutional Mechanism to Realize the Promises :

To achieve the above, Constitutional governance was entrusted to the Executive, the Legislature and the Judiciary assisted by permanent bureaucracy, planning commission to evolve and monitor socio-economic industrial policies implemented. Republicanism, democratic system of governance, federal structure with a unitary goal and flexible balance of the distribution of powers between the Parliament and the Legislatures of the States demarcated. The President of India governs the Bharat Republic with aid and advice of the council of ministers of union of India headed by the Prime Minister and the Governor of the state with the aid and advice of the Council of Ministers of the state headed by the Chief Minister, the elected accountable Governments at the National and State level respectively. Single Citizenship and Adult franchise to every citizen has been granted. Periodical elections to the Parliament and Legislature of the States have also been delineated in the Constitution. The Executive power of the Union of India and the State are co-extensive with their Legislative Powers enumerated in Schedule VII to make laws for the Union of India and States in Article 1 to 4 read with the 1st schedule to the Constitution. The entries in List -1 and residuary power were demarcated to the Union of India and entries in List -2 to the States and the entries in the List-3 (Concurrent List), both the Union of India and State Legislature have power to make Laws.

Quality of Judge and Progressive Justicing :

The Quality of dispensation hedges with the quality and capacity of the judge. The quality of disposal is on commitment. The post Independent Higher Judiciary provided to the tilt of Granville Austin’s substandard perspective as wrong. Whether 21st Century Higher Judiciary measuring up to that standard is to search for. 

Role of Law and Democracy :

“Rule of Law acquired a richer content as a potential instrument of maintain liberty, equality and fraternity among all citizens of the country promoting social justice”. The obligation of a democratic state to its citizens is the functional role of law as a democratic society.......... freedom from want cannot be forced on a democracy or given to a democracy. It must be one or other. In the progress of the democratic way of life, law ceases to the passive just as democracy ceases to be passive and purpose of law like that of democracy becomes dynamic. Rule of law adjusts the claims of individual liberty and freedom an one hand and the claims of social good on the other. It is this dual which a dynamic democracy has to face and it is in the harmonious and rational settlement of these duel that law has to assist democracy.

1. Calcutta Electricity Supply Co. Vs J.c Bose[1], it was stared that, the concept of social justice assured in the preamble thus become a dynamic fundamental rights.

2. Consumer Education Research Centre vs Union of India[2]. As a vehicle for orderly growth and development of full personality of every citizen, including the Weaker Sections, in particular, the Scheduled Castes and Tribes. 

3. Air India Statutory Corporation Case[3], stated that the concept of social justice embodies equality of fervour and enliven a practical content of life.

[1] 1991 (1) SCC 411 
[2] 1995 (3) SCC 42 
[3] AIR 1997 SC 647


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