LAW, COURTS AND THE CONSTITUTION
India’s commitment to the rule of law is grounded to the constitution which establishes india as a ‘sovereign socially democratic Republic’ with the parliamentry form of Government. The constitution of india is the supreme legal authority which binds the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions which violate the Constitution. Some of the other key features of the Constitution are a federal system of governance between the Union and the States, separation of powers between the three organs of the Government, free and fair elections, equality before the law, and a secular state that recognizes freedom of conscience and religion.
SOURCES OF LAW
The Constitution of India is the source of legal authority and empowers Parliament and the Legislatures of States and Union Territories to enact statutes. There is also a vast body of laws known as subordinate legislation in the form of rules, regulations, and by-laws made by Central and State Governments and local authorities like Municipal Corporations, Municipalities, Gram Panchayats and other local bodies. This subordinate legislation is made under the authority conferred or delegated either by Parliament or the concerned Legislature of the State or Union Territory. The decisions of the Supreme Court are binding on all Courts within the territory of India. As India is a land of diversities, local customs and conventions which do not contradict a statute or the Constitution are recognised and taken into account by Courts while administering justice in certain spheres.
ENACTMENT OF LAWS
FunnelThe Seventh Schedule of the Constitution contains three lists: a Union List, a State List, and a Concurrent List. These lists set out the various subjects on which Parliament and State Legislatures are empowered to make laws. The Indian Parliament is competent to make laws on matters enumerated in the Union List. State Legislatures are competent to make laws on matters enumerated in the State List. While both the Union and the States have the power to legislate on matters enumerated in the Concurrent List, only Parliament has power to make laws on matters not included in the State List or the Concurrent List. In the event of repugnancy, laws made by Parliament shall prevail over laws made by State Legislatures, to the extent of the repugnancy. The State law shall be void unless it has received the assent of the President, and in such case, shall prevail in that State.contact us