Sagnik Adhikary, Jindal Global Law School
Introduction
The Constitution of India is regarded as the fundamental law of the Sovereign state of India. It delegates the smooth functioning of the apex administrative bodies, regulates the relation between the state and the citizens and enshrines a common political, constitutional, and national identity of the people it governs1. It involves every single entity of India, whether it is the common people, corporation, government or the President of India itself, and none of them is above the law. For instance, in any contract the government or any government machinery gets involved, the latter is always treated as a mere party to the given contract and does not hold any special status. Yet, this is not true for all instances, as the Government of India has to exercise a lot of power in order to ensure a smooth functioning of the Nation, also at the same time it also cannot curb the rights of the ordinary individuals and a balance has to be set in this case. The Constitution of India strives to maintain the dicey nature of setting limits, boundaries, powers in normal as well as in exceptional situations so that the Nation thrives without any injustice. We cannot classify the system to be to be perfect but yet it strives perfection all the time. For instance, the Decriminalization of Homosexuality took place in the year 2018, when the Supreme Court of India stated section 377 to be invalid, reflective of the evolving nature of law and judiciary.
Comments