“The strength of the constitution is entirely dependent on the resolve of every citizen to defend it.” Only when every citizen feels obligated to contribute to this defence are constitutional rights secure.”
(Excerpt from Albert Einstein’s 1935 Speech)
The Indian Constitution is one of the longest written constitutions in the globe. On 9 December 1946, the Constituent Assembly convened for the first time to draught the Constitution of India. Some provisions concerning citizenship, elections, and the interim Parliament, as well as transitory and transitional provisions, went into effect immediately on November 26, 1949. On January 24, 1950, the Indian Constitution was signed, and on January 26, 1950, it went into effect. At its inception, it comprised 395 articles organised into 22 sections and 8 schedules. It is currently composed of 448 articles organised into 25 divisions and 12 schedules. Since its inception, the Indian Constitution has been amended 105 times.
The Indian Constitution has three organs: the legislature, the executive, and the judiciary. The Constitution of India specifies the limits of the authority of all three organs and their relationship to the Indian people. This document was a significant departure from the Government of India Act of 1935, which lacked a chapter on fundamental rights. And it was our founding ancestors who deliberated and discussed all the world’s constitutions, borrowed the most enticing provisions, and then modified those provisions to fit India’s circumstances. The geniuses of our nation also designed this document to be adaptable in order to meet the changing requirements of the future. And it is this adaptability that has propelled India’s development and reminded everyone, including those in power, of the values and liberties that this constitution represents. There are provisions and omissions in the constitution that require interpretation by the Honourable Supreme Court whenever it is challenged.
The Law Codes provides the best advocates in Gurgaon – NCR to represent and defend clients for the enforcement of their fundamental and legal rights by filing writ petitions 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 violation of Fundamental Rights. Important doctrines involved in constitutional law interpretation include:
The doctrines of Eclipse, Severability, Judicial Review, and Essence and Substance.
The Colorable Legislation doctrine;
The Harmonious Construction doctrine.
The Constitution’s Basic Structure is a living, organic concept that is an innovation of judicial precedent. Kesavananda Bharati vs. State of Kerala (1973) 4 SCC 225 was the first case to declare the Constitution’s Fundamental Structure. The following are examples of fundamental elements of the Constitution:
Parliamentary democracy; Secularism; Federalism; Judicial Review; Judiciary Independence.
The absolute authority of the Constitution;
Respect for law;
The separation of powers doctrine;
Republic démocratique souveraine; parliamentary form of government;
The concept of equitable and free elections; the welfare state.
While interpreting the Fundamental Rights, the constitutional courts bear in mind that the purpose of substantive laws is to provide justice to the people, i.e., a law’s end or the legislative goals. In contrast, procedural laws provide the means to attain justice. In accordance with the constitutional scheme, we must achieve the objectives of legislation, which is the end, through the use of pure means. We have a team of Gurgaon – NCR’s best constitutional attorneys to file:
Petitions to issue writs that invoke fundamental rights against state institutions;
Writ Petitions in Service Matters and Education Matters
Writ Petitions pertaining to procurement issues;
Writ petitions challenging the constitutionality of any act or rule promulgated by the central or provincial government;
Petitions, including First Amendment, Human Rights, and environmental issues;
A letter patent appeal (LPA) challenging a single-bench decision under the LPA Act.
In addition to cases involving a violation of Fundamental Rights, our top attorneys in Gurgaon – NCR are experts in Constitutional Law, Election Petitions, and Original Suits before the High Court and the Supreme Court. We provide litigation services in the following areas of expertise: –
Special Leave Petition, Civil (Supreme Court); Special Leave Petition, Criminal (Supreme Court); Writ Petitions Civil; Review Petitions for Writ Petitions Civil; Writ Petitions Criminal; Review Petitions for Writ Petitions Criminal; Curative Petition, Civil (Supreme Court); Curative Petition, Criminal (Supreme Court); Original Suits (Supreme Court); Election Petitions (Supreme 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.