Table of Contents
INTRODUCTION
Constitutional law is an essential field of law that defines and regulates the relationship, transactions, contact and communications between the government or more specifically the State and its citizens. It involves understanding the Indian Constitution, its interpretations, and the various laws and regulations that come under purview of Constitutional Rights.
India’s Constitution, adopted on January 26, 1950, marks the country’s transition to a sovereign democratic republic. Drawing from the Government of India Act, 1935, and principles of liberty, equality, and fraternity, it is one of the world’s lengthiest written constitutions, containing 395 articles and 8 schedules.
The Constitution establishes India as a federal, democratic republic, guaranteeing fundamental rights to its citizens and delineating powers and responsibilities of the central and state governments.
Part III of the Constitution guarantees fundamental rights such as equality, freedom, protection against exploitation, freedom of religion, and the right to constitutional remedies. These rights protect individual liberties and check governmental power.
Part IV outlines Directive Principles of State Policy, guiding the state in establishing a just society. While not enforceable in court, these principles are fundamental to governance.
Key Features
- Constitutional Supremacy: The Constitution is supreme; Parliament cannot override it.
- India has a quasi-federal structure, with powers divided between the central government and states through the Union List, State List, and Concurrent List.
- Amendment procedures under Article 368 allow for amendments with a simple majority or two-thirds majority and state ratification.
- The Supreme Court of India is the guardian of the Constitution, with the power of judicial review to ensure laws and actions align with the Constitution.
- Understanding Constitutional Law is crucial for navigating India’s legal landscape. Our experienced lawyers are here to assist you with legal advice and representation. Contact us today to learn more about how we can help.
- The Constitution of India is the supreme legal framework that governs our nation. It was adopted by the Constituent Assembly of India on November 26, 1949, and came into effect on January 26, 19501. Here’s an overview:
Purpose and Scope
The Indian Constitution lays down the fundamental principles, structure, procedures, powers, and duties of government institutions.
It defines the rights and responsibilities of citizens and sets out fundamental rights and directive principles.
Historical Background:
The Constitution replaced the Government of India Act 1935 as the fundamental governing document.
It is the longest written national constitution globally.
Three Branches of Government:
Executive: Led by the Prime Minister, accountable to the lower house of Parliament.
Legislature: Comprises the Rajya Sabha (Council of States) and Lok Sabha (House of the People).
Judiciary: Includes the Supreme Court, high courts, and district courts.
Significance:
- Federal Structure: India follows a federal parliamentary constitutional republic system.
- Fundamental Rights: Enshrines individual rights and freedoms.
- Directive Principles: Guidelines for state policies.
- Electoral College: Used for presidential and vice-presidential elections.
- The Constitution reflects India’s commitment to the rule of law, democracy, and fundamental rights.
- It establishes an independent judiciary and guarantees citizens’ rights.
WHY DO YOU NEED TO HAVE A CONSTITUTIONAL LAWYER?
As there is an impeccable saying i.e., “Lawyers Are the Foot Soldiers of Our Constitution”. Advertising to the above statement, A constitutional lawyer is a legal professional who specializes in the interpretation, application, and development of constitutional law. Constitutional law is the body of law that defines the powers, functions, and structures of government, and regulates the relationship between the government and its citizens.
The Constitution is the supreme law of the land, and it provides the framework for all other laws and regulations in a country. Further it is pertinent to note that, wherever the procedures established by the law is not followed ipso-facto the significance of constitutional lawyers arises and the same will be strongly questioned by virtue of the judicial review.
We Aditya & Co. Advocates – Lawyers in Bangalore work on a wide range of constitutional issues related to the Constitution, including constitutional interpretation, constitutional rights, constitutional litigation, constitutional challenges, constitutional laws exclusively in force in Karnataka.
Constitutional Lawyers play a vital role in safeguarding individual rights, promoting good transparent governance, and maintaining the rule of law. They work to ensure that government officials, including lawmakers and executive officials are acting within the limits of the Constitutional framework, and that individual citizens are not deprived of their constitutional rights.
Disputes between the State and the Citizens or Persons can have a long-term unique Constitutional framework. Therefore, a qualified Constitutional lawyer will also handle the relationship between the government and its citizens in accordance with the supreme law of land, and offer multiple dispute resolution approaches wherever it is just, necessary & appropriate.
The relationship, transactions, contact and communications between the government or more specifically the State and its citizens are never simple to handle on your own. You may feel overwhelmed by the stress and anxiety of any contentious process. Hence a Constitutional Lawyer’s assistance and guidance plays a pivotal role in securing desired reliefs against the government.
WHY CHOOSE ADITYA & CO. ADVOCATES FOR CONSTITUTIONAL LAW REPRESENTATION?
Our team of highly skilled and experienced Constitutional lawyers in Bengaluru specializes in various areas of Constitutional Law including the Karnataka State Law will be able to tell you the strengths and weaknesses of your case and make suggestions for favourable, doable, and practical terms in securing desired reliefs against the government.
Hence having a skilled constitutional lawyer on your side can help ensure that all of the Hon’ble Constitutional Courts paperworks and written arguments to present your case before the Hon’ble court are well-prepared and persuasive enough to win your case. The process might be made more accessible if you choose a knowledgeable constitutional lawyer who plays a pivotal role in securing desired reliefs against the government.
SERVICES OFFERED IN CONSTITUTIONAL LAW BEFORE THE HON’BLE HIGH COURT:
WRIT PETITION & WRIT APPEAL.
The writ petition is filed when an individual’s fundamental rights are violated by the state or any of its entities coming within the scope and ambit of article 12 of the Constitution of India. It is an effective means to ensure that the state respects and protects the rights of its citizens and acts as per settled principles of law.
There are five kinds of writs for enforcing the fundamental rights of the citizens.
The five types of writs are:
Habeas Corpus:
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the body of.’ This writ is used to enforce the fundamental right of individual liberty against unlawful detention.
Mandamus:
The literal meaning of this writ is ‘We command.’ This writ is used by the court to order the public official who has failed to perform his duty or refused to do his duty, to resume his work. Besides public officials, Mandamus can be issued against any public body, a corporation, an inferior court, a tribunal, or government for the same purpose.
Prohibition:
The literal meaning of ‘Prohibition’ is ‘To forbid.’ A court that is higher in position issues a Prohibition writ against a court that is lower in position to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
Certiorari:
The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.
Quo-Warranto:
The literal meaning of the writ of ‘Quo-Warranto’ is ‘By what authority or warrant.’ This writ is issued to prevent illegal usurpation of a public office by a person. Through this writ, the court enquiries into the capacity or legality of a claim of a person to a public office.
CONTEMPT OF COURT: BOTH CIVIL AND CRIMINAL.
Contempt of court often referred to simply as “contempt”, is the offence of being disobedient to or disrespectful toward a court of law and its officers in the form of behaviour that opposes or defies the authority, justice and dignity of the court of law.
Under Section 2(b) of the Act of 1971, Civil contempt refers to wilful disobedience to any judgment, decree, direction, order, or other processes of a court, whereas criminal contempt involves actions that scandalize or tend to scandalize, or lower or tend to lower the authority of any court.
Under Section 2(c) of the Act of 1971 “criminal contempt” means the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which—
(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;