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Zolvit specialises in providing expert legal services in constitutional law across India. Our team of constitutional lawyers handles complex legal issues involving the interpretation and application of the Indian Constitution. Whether you need to safeguard your fundamental rights, challenge the constitutionality of legislation, or address federalism and separation of powers issues, Zolvit's legal experts offer insightful counsel and strong representation in India’s highest courts.
The Constitution serves as the supreme law of India, establishing the fundamental rules and principles that govern the functioning of the state and its citizens. It outlines core values, organisational structures, and procedural frameworks, ensuring the legitimacy and integrity of the state’s legal system. The Constitution governs the relationship between the government and its citizens while protecting their basic rights.
At Zolvit, we are dedicated to upholding the principles enshrined in the Indian Constitution and ensuring that your rights are protected. Our constitutional lawyers are passionate about defending justice and are ready to provide robust representation in cases involving constitutional challenges, ensuring that the law is applied fairly and justly.
Defining the Constitution
Constitutions are legal documents with special legal standing that define the framework of the government and the primary functions of the government organs. They also outline the principles that govern the government's operations.
Constitutional Law
A constitutional law is a body of law whose purpose is to interpret and apply the Constitution and its guiding principles. As a result, people are able to enjoy certain fundamental freedoms, such as freedom of movement, privacy, life, and the right to vote. In order to interfere with an individual's rights, liberty, or property, a governmental body must comply with certain procedural requirements. Constitutional law addresses issues such as judicial review, basic obligations, and legislative authority, among others.
Background
To fully understand the Constitution, we need to know how it came to be. However, most modern political institutions originated and developed before what's known as the 'British Period'. It all started with the incorporation of 'The East India Company' in England in 1600. In general, the various phases of the growth of our constitution from the encroachment of the English can be divided into
1. From 1600 to 1765, the British arrived
2. From 1765 to 1858, the British ruled
3. From 1858 to 1919, the Company's Rule ended
4. The introduction of self-government from 1919 to 1947
5. Federal Court Establishment
6. There was one Chief Justice and no more than six judges on the Federal Court
7. Judges retired at 65 years of age
8. It consists of three types of jurisdiction: original, appellate, and advisory.
9. The New Constitution is framed between 1947 and 1950
10. In 1935, INC demanded a Constitution Assembly for the first time, as identified by MN Roy in 1934.
11. As the Sovereign Constitution of India, the first meeting of the Constituent Assembly was held on 9th December 1946.
12. The Constitution Assembly consisted of 389 members, 93 from the Indian state and 296 from the provinces (British India).
The 296 were further divided into 292 from Province and 4 from Commissionaire. 208 INC members and 73 Muslim League members were subclassified into 296, out of which 208 were INC members.
1. DR. Rajendra Prasad was elected President of the Constituent Assembly.
2. Preamble of the Indian Constitution is the Objective Resolution.
3. In the case of the areas that would be included in Pakistan, the Constitution Assembly would not apply.
4. BR Ambedkar was appointed as chairman of a Drafting Committee to prepare a draft Constitution on 29th August 1947.
5. The Indian people had eight months to discuss the draft and propose amendments. There were 7635 amendments proposed, but only 2473 were actually discussed. To discuss the amendments and drafts, the Constituent Assembly held 11 sessions.
6. The Constituent Assembly finalised the Indian constitution in two years, eleven months, and eighteen days at a total cost of 64 lakhs and with 11000 visitors.
7. On 26th November 1949, the Constituent Assembly adopted the new Constitution of India, which was signed by the president, Dr. Rajendra Prasad. Every year, National Law Day is celebrated on this day. The following articles came into effect simultaneously: 5,6,8,9,60,324,366,367,379,380,391,392 and 393. Indian Constitution came into force on 26th January 1950, which is celebrated as Republic Day.
8. The Constitutional Law of India is not a typed or printed document. It was handwritten in both English and Hindi, with calligraphy.
9. There are many parts of the Indian Constitution Law that have been borrowed from other countries, including
10. Parliamentary Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Parliamentary Privileges, Bicameralism in Britain
11. In Ireland, the Directive Principle of State Policy (DPSP), the method of electing the president, and the president's nomination of members to the Rajya Sabha
12. President Impeachment, Vice-Presidential Functions, Removal of Supreme Court and High Court Judges, Fundamental Rights, Judicial Review, Independence of the Judiciary in the U.S.
13. In Canada, the Supreme Court has advisory jurisdiction and the centre has residuary powers
13. Australia - Concurrent List, Freedom of Trade and Commerce
14. Soviet Union (Russia): Fundamental Duties, Liberty, Equality, and Fraternity
15. Electing Rajya Sabha members, amending the constitution in South Africa
16. The Japanese concept of 'law-enforced procedure'
17. The Government of India Act contributed to the Indian Constitution in the following ways
18. The federal scheme
19. Governor's Office
20. The judiciary
21. Commission of Public Service
22. Provision for emergencies
23. Details of administration
Fundamental Rights
Fundamental Rights are outlined in Articles 12-35 of the Indian Constitution. Individuals are guaranteed these rights. There is no absolute right to these freedoms, but they are judicially enforceable. There is a difference between fundamental rights and legal rights. A legal right is protected and enforced by ordinary law, while a fundamental right is protected by the Indian Constitution. There are four fundamental rights:
Right to Equality (Articles 14-18)
Equality before law
According to Article 14 of the Indian Constitution, all people will be treated equally before the law. All citizens are entitled to equal protection under the state's laws. If two people commit the same crime, they will both receive the same punishment.
No discrimination based on religion, race, caste, sex, or place of birth
Article 15 of the Constitution prohibits discrimination against citizens based on religion, ethnicity, caste, sex, or place of birth. This is crucial to advancing social equality. As well as wells, tanks, and roads, every Indian citizen has equal access to businesses, dining establishments, and places of public amusement. The state can, however, provide specific guidelines or exemptions for women and children.
Equality of opportunity in matters of public employment
Under Article 16 of the Constitution, everyone has an equal chance at employment and public service. If you're looking for a job in the public sector, you can't discriminate based on your race, caste, gender, place of birth, or where you live. These rights have some limitations, however, since there are special provisions for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
Abolition of untouchability
Under Article 17, it's illegal to make an untouchable display. Indians have historically been degraded and kept at arm's length because of their caste. For the country's development, this article aims to change the old orthodox practice. Despite constitutional limits, this societal ill still exists.
Abolition of titles
Under Article 18, all British titles given to British loyalists during the British Colonial era, like Sir (Knighthood) and Rai Bahadur, have been abolished. It goes against the idea of legal equality to award titles like this. On the other hand, the President of India can give civil and military honours to people who have shown outstanding service to the country. Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri are given alongside military decorations like Veer Chakra, Param Veer Chakra, and Ashok Chakra.
Fundamental Right to Freedom (Articles 19-21)
Right to freedom
- The right to freedom of speech and expression under Article 19(1)(a);
- In accordance with Article 19(1)(b), the right to peaceful assembly is guaranteed;
- The right to form associations, unions, and cooperative societies under Article 19(1)(c);
- The right to move freely throughout the territory of India under Article 19(1)(d);
- The right to reside and settle in any part of India under Article 19(1)(e);
- The right to practice any profession or engage in any occupation, trade, or business under Article 19(1)(g).
- Child labor, exploitation, and arbitrary arrest are all fundamental rights
Right to life
Article 21 of the Indian Constitution states that no one can be deprived of his or her life or freedom without following the legal procedure. No one's life or freedom can be taken violently without a court ruling. A ruling party cannot detain or punish anyone based solely on its whims. Only if they violate the law can they be punished.
Protection against arrest and detention in certain cases
Under Article 22 of the Constitution, a person who has been arrested has several rights. According to the constitution, no one may be detained or arrested without being informed of the reason for their detention. It is their right to choose and consult with the lawyer they want to represent them. As soon as the accused is arrested, they must appear before the nearest magistrate.
Right to Exploitation (Article 23-24)
Prohibition of traffic in human beings and forced labour
Human trafficking and forced labour are prohibited under the Constitution. This privilege is available to all individuals, regardless of whether they are citizens or not. Moreover, it protects the individual from both the state and unsavoury individuals. The state may, however, require civic duties such as military service or social service.
Prohibition of employment of children in factories
A factory, mine, or any other hazardous occupation can't employ minors under the age of 14. As long as they do not engage in harmful activities, they are permitted to work.
Fundamental Right to Practise and Propagate Religion (Article 25-28)
There are also Hindus, Muslims, Sikhs, Christians, and other religious groups in our nation. According to Article 25 of the Constitution, everyone has the right to practise and spread any religion. Religious organisations are also free to manage their own religious affairs. The establishment and management of religious and charity organisations is legal for all religious denominations. It is also free for each religious group to own and manage real estate for the advancement of their religion.
Cultural and Educational Rights (Article 29-30)
Indian culture, literature, and linguistics are diverse. There's a lot of devotion to the languages and cultures of home. Our constitution gives them the protection they need to make sure their language and culture are protected. Minorities have the right to form and run their own educational institutions. The law also says the state can't discriminate against a minority-run educational institution just because it gets financial help. Minorities will get state support for preserving their languages and cultures with these rights. It is important to preserve and continue the country's multicultural past, according to the government.
Right to Constitutional Remedies (Article 32)
Basic rights provide Indian citizens and foreigners with certain essential rights to lead a fulfilling and fulfilling life in a democratic society. There is no point in only granting rights; they must be protected against violation. Any violation of basic rights can be stopped and resisted by the right to constitutional remedy. Ambedkar emphasised that the "heart and soul" of the Constitution is the citizen's right to petition the High Court or the Supreme Court for the restoration of any fundamental right. A directive or order may then be given by the court to the government on how to enforce these rights.
Directive Principles of State Policy
- Directive Principles of State Policy can be categorised as follows:
- Socialism (Articles 38, 39, 39A, 41, 42, 43, 43A, and 47)
- The Gandhian (Articles 40, 43, 43B, 47, and 48)
- The liberal-intellectuals (44, 45, 48, 48A, 49, 50, and 51)
- There's no law enforcing the Directive Principle of State Policy, so it can't be enforced.
Judicial Processes
Judicial Review
Judicial Review is the power of the judiciary to examine the constitutionality of legislative acts and executive orders. If any law or executive action is found to be in violation of the Constitution, the judiciary has the authority to declare it null and void. This process ensures that the laws and actions of the government are in compliance with the Constitution and protects the fundamental rights of citizens.
Public Interest Litigation (PIL)
An individual or organisation can file a petition in the courts on behalf of the public through Public Interest Litigation (PIL). In PILs, the courts can address issues like environmental protection, human rights, and corruption that may not be directly related to the petitioner.
Habeas Corpus
A writ of habeas corpus protects you from unlawful detention. Detainees have to be brought before a court to make sure their detention is legal. Protecting individual freedoms and making sure no one's held without just cause is crucial with this writ.
Writ Petition
In a Writ Petition, you ask the court for a specific legal remedy. There are five types of writs in the Indian Constitution: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. To enforce citizens' fundamental rights, these writs can be filed in the Supreme Court or High Court.
Legislative Framework
Constitutional Amendment
In India, a Constitutional Amendment constitutes a formal change or addition to the Constitution. Social, economic, and political changes require amendments. According to Article 368 of the Constitution, amendments require the approval of both houses of Parliament, as well as ratification by the states in some cases.
Supreme Court of India
As the country's highest judicial authority, the Supreme Court of India has the power to make law. This court guards the Constitution and is the final legal appeal court. Among its powers are judicial review, original jurisdiction, and appellate jurisdiction over the High Courts.
High Court
Each state and union territory has a high court that has original jurisdiction in civil matters. They are responsible for interpreting state laws and ensuring justice within their jurisdictions, as well as hearing appeals from lower courts. Fundamental Rights can also be enforced by High Courts.
Lok Sabha
Lok Sabha, or House of the People, is India's lower house. Lok Sabha members are directly elected by the people. Among its many responsibilities, the Lok Sabha introduces and passes bills, approves budgets, and holds the executive accountable.
Rajya Sabha
The Rajya Sabha is India's upper house of Parliament. Rajya Sabha members are elected by state legislatures. It's a revising chamber that reviews and suggests amendments to legislation passed by the Lok Sabha, representing the interests of the states.
Services Offered at Zolvit
List of Constitutional Law Services by Zolvit lawyers
- Fundamental Rights Litigation: Representing clients in cases involving the violation of fundamental rights enshrined in the Constitution.
- Public Interest Litigation (PIL): Filing and defending PILs to address issues of public concern and ensure government accountability.
- Judicial Review: Challenging the constitutionality of laws, policies, and government actions through judicial review.
- Constitutional Amendments: Advising on matters related to constitutional amendments and their implications.
- Government Actions and Policy Challenges: Representing clients in disputes involving unconstitutional government actions.
- Election Law and Representation Cases: Handling cases related to electoral disputes and the right to free and fair elections.
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