Constitutional Law

“The strength of the constitution lies entirely in the determination of each citizen to defend it. Only if every single citizen feels duty-bound to do his share in this defence, are the constitutional rights secure.”

(Extract from Albert Einstein’s Speech of 1935)

The Constitution of India is one of the world’s longest written constitutions. For the first time, the Constituent Assembly had met on 9 December 1946 to draft the Constitution of India. On November 26, 1949, some provisions relating to citizenship, elections, and interim Parliament, as well as temporary and transitional provisions, went into effect immediately. The Indian Constitution was signed on January 24, 1950, and went into effect on January 26, 1950. At the time of its inception, it included 395 articles divided into 22 parts and 8 schedules. It now contains 448 articles divided into 25 divisions and 12 schedules. The Indian Constitution has been amended 105 times since its inception. The constitutional law is one of the most prolific document in the world.

The Constitution of India has 3 organs namely, the legislature, the executive, & the judiciary. The Constitution prescribes the limits of the power of all the 3 organs and their relationship with the citizens/people of India. This document was a big leap from the Government of India Act, 1935 where no fundamental rights chapter was present. And it was our founding fathers who deliberated & discussed all the constitutions that existed in the world, borrowed the most appealing provisions, and further modified those provisions to the prevailing conditions of India. At the same time, the geniuses of our country kept this document flexible so as to sub-serve the changing needs of the future. And it is this flexibility that propelled the growth of India and reminded everyone including the people in power of the values and freedoms this constitution stands for. There are provisions given in the constitution and silences that are to be interpreted by the Hon’ble Supreme Court whenever there is a challenge to it. Constitutional law is the Grundnorm of India.

We, at The Law Codes, offer professional legal services of the best advocates in Chandigarh to represent and defend the clients for the enforcement of their fundamental and legal rights by filing writ petitions enshrined under Article 32, 226, and 227 of the Constitution of India before the Hon’ble Supreme Court and High Courts of India whenever there is a breach of Fundamental Rights. The important doctrines involved while interpreting the constitutional law are:

• The doctrine of Eclipse;
• The doctrine of Severability;
• The doctrine of Judicial Review;
• The doctrine of Pith and Substance;
• The doctrine of Colorable Legislation;
• The doctrine of Harmonious Construction.

The Basic Structure of the Constitution is a dynamic and organic concept that is an innovation of judicial precedent. The first case which declared the Basic Structure of the Constitution was Kesavananda Bharati vs. State of Kerala, (1973) 4 SCC 225. A few examples of basic features of the Constitution are:

• Parliamentary democracy;
• Secularism;
• Federalism;
• Judicial Review;
• Independence of Judiciary;
• The supremacy of the Constitution;
• The rule of law;
• The doctrine of separation of powers;
• Sovereign Democratic Republic;
• The parliamentary system of government;
• The principle of free and fair elections;
• Welfare state.

While interpreting the Fundamental Rights, the constitutional courts keep in mind that the object of substantive laws is to provide justice to people i.e. an end of laws or the goals of framing the legislation. Whereas, procedural laws provide means to achieve justice. Under the constitutional scheme, we have to achieve the goals of legislation that is the end by adopting pure means. We have a team of top constitutional lawyers in Chandigarh to file:

• Writ Petitions invoking Fundamental Rights against instrumentalities of the State to issue writs;
• Writ Petitions in Service matters;
• Writ Petitions in Education matters;
• Writ Petitions relating to tender matters;
• Writ petitions challenging the constitutional validity of any act & statutory rule passed by central or state government;
• Writ petitions including PIL, Human Rights & Environmental issues;
• Letters patent appeal (LPA) challenging single bench judgment under LPA Act.

Apart from matters involving a breach of Fundamental Rights, our best lawyers in Chandigarh have expertise in the areas of Constitutional Law like Election Petitions & Original Suits before the High Court and the Supreme Court. We offer specialized litigation services in the following areas: –

Before the Hon’ble Supreme Court:

• Special Leave Petition, Civil (Supreme Court);
• Special Leave Petition, Criminal (Supreme Court);
• Writ Petitions Civil;
• Review Petitions in Writ Petitions Civil;
• Writ Petitions Criminal;
• Review Petitions Criminal;
• Curative Petition, Civil (Supreme Court);
• Curative Petition, Criminal (Supreme Court);
• Original Suits (Supreme Court);
• Election Petitions (Supreme Court).

Before the Hon’ble High Court:

• Civil Writ Petitions (CWP);
• Review Petitions in CWP;
• Criminal Writ Petitions (CRWP);
• Review Petitions in CRWP;
• Letters Patent Appeals (LPA);
• Review Petitions in LPA;
• Civil Writ Petitions Public Interest Litigation (CWP-PIL);
• Election Petitions;
• Original Suits.

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