About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 IJLS 4 (2015)
The Constitutional Values - Role of Supreme Court of India

handle is hein.journals/intljlolwa1 and id is 14 raw text is: International Journal of Law and Social Sciences (IJLS) Volume 1, Issue 1, 2015 1 -ISSN No: 2454-8553 THE CONSTITUTIONAL VALUES - ROLE OF SUPREME COURT OF INDIA Hon'ble Justice. Gopala Gowda1 Historical Background and Relevance of Law Day: It is on this day that the drafting of the Constitution by the Constituent Assembly which started function- ing on 09 December 1946 under the Chairmanship of Dr. B. R. Ambedkar was completed after a span of 2 years, 11 months and 17 days. However, it was decided that the Constitution would come into force only on 26 January 1950 as 26 Jan- uary had been chosen by the Indian National Congress as Independence Day in 1930. Therefore, it was to ensure that 26 January remained significant in India's history that the adoption of the Constitution was post- poned from 26 November 1949 to 26 November 1950. The evolutionary stages of the Constitution started from Minto Morley Reforms resulting in The Indian Councils Act 1909 followed by Montagu Chelmsford Reforms resulting in the Government of India Act 1919, the 1927 Simon Commission and Round Table Conferences (1930 - 1932) leading to the Government of India Act 1935, the 1946 cabinet Mission Plan and the subsequent formation of the Constituent Assem- bly. Our founding fathers have provided our democracy with an extremely strong foundation through an ex- haustive Constitution, with focus on social, economic and political rights. The objective behind celebrating Law Day is to rededi- cate ourselves to two cardinal principles which formed the solid foundation on which this grand constitutional edifice is erected: (i) the rule of law, (ii) Independence of the Judiciary. Fundamental Features of our Constitution: Our Constitution contains some 'values' which are in- dispensable and which cannot be compromised by any entity in the country, Some of these principles are: 'Sitting Judge, Supreme Court of India. 2AIR 1978 SC 597. IjLS International Journal of Law and Social Sciences - -------- Democracy Secularism Socialism Equality So- cial Justice Life and Personal Liberty Rights of Minorities Free speech Federal Structure Fundamental Duties Directive Principles of State Policy - Judicial re- view Role of the Supreme Court in Upholding Con- stitutional Values Several countries that became independent post Sec- ond World War provided these features in their con- stitution. However, India is one of the few countries where democracy has survived. A large part of the credit for this goes to the judiciary, which has upheld democratic principles during criti- cal moments in Indian history, when powerful leaders attempted to impose autocracy on the nation. The Supreme Court of India through its interpreta- tive role has upheld the constitutional values and has emerged as one of the most powerful institutions of the world. The Court has always remained responsive to the changes in the Indian society. This is evident from the interpretation of Article 21 of the Constitution, which was broadened by the Court in Maneka Gandhi's2 given the exigencies of the circumstances that pre- vailed at that time. In expanding the ambit of right to life and per- sonal liberty, the Court has evolved compensatory jurisprudence, implemented international conventions and treaties, and issued directions for environmental justice.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most