Partial preview of the text
Download Constitution election rule of law judicial review and more Summaries Constitutional Law in PDF only on Docsity!
- Introductory [Chapter | ct the language and culture of the welfare of the depressed and Backward Classes" and to prote: ion i een accorded to any section in the minorities.'’ No weightage or speci +i bi eo special privilege has, however, matter of representation in the Jevislaines ! * The Constitution also sets Up an effective institutional machinery to oversee that these safe- guards are properly effectuated by the various governments in the country. This machinery has now been strengthened by Statutory bodies,!” » . (j) ELECTIONS tive Aasemblies See Suffrage as a basis of elections to the Lok Sabha and the State Legisla- . we 1zen, ? 7 . . right to vote without any discrimi en female, who has reached the age of 18 years or over, has a Tt was ind a y ~ country of ‘renin mae Step on the part of the Constitution-makers to adopt adult suffrage in a and to base the system of nS of illiterate people, but they did so to make democracy broad-based To introduce an OF government on the ultimate sanction of the people. amounted to a negation oh een educational qualification for exercising the franchise would have chised a large number of de, mocratic principles, as such a qualification would have disenfran- Pressed and poor people, Further, it cannot be assumed that a person with a bare elemen education js ; itary cauon is in a better Position to vote than a labourer or a cultivator who knows what his interests g i Sts are and will choose his representatives accordingly.” Several general electi counts, the step taken b the have been held so far on the basis of adult franchise, and from all ac- ¥ the framers appears to have been well-advised. To ensure free, im, artial . i P: and fair elections, and to protect the elections from being manipulated by the politicians, the Constitutj ‘ians, titutioy / Ton : conduct elections to Parliament A ita Election Commission to supervise and (k) JUDICIARY A notable feature of the diciary.”* Constitution j + stitution is that it accords a dignified and crucial position to the ju- eral court of a i i enjoys an sive ieee a Courts, the ultimate arbiter in all Constitutional matters and also can issue writs for enforci ng the Fone ta Rane any court or tribunal in the country and assertion that the Supreme C A : g ere is thus a good deal of truth in the eration. p Ourt of India has wider powers than the highest court in any other fed- Rights and to control administrative Process, Although the Indian and the American Constituti i ian judi cial system differs from that of the U.S.A., inter alia, in Ce ety a aml tte vies ee the U.S.A. has a dual system of courts—a federal judiciary with the Supreme Co aa thet coe with a separate and parallel judicial system in each State—India has a unified and ts ae s of courts. The Supreme Court, the High Courts and the Lower Courts constitute aan wified, 16, Chs. XXII, XXXIV and XXXV, infra. 17. Chs. XVI and XXX, infra. 18. JAIN, Safeguards to Minorities: Constitutional Princi i NORITIES AND THE LAW (1972). Also see, infra, Chs. xX and soo Framework in LLL, MI- 19. See, infra, Ch. XXXV, Sec. F. 20. See, Ch. XIX, infra, 21. ALLADIK. AYYAR, CONSTITUTION AND THE FUNDAMENTAL RIGHTS, 6; XI CAD 835 22. Ch. XIX, infra. : 23. For details of the Judicial System see, infra, Chs. IV and VIII. 24. See, infra, Ch. IV, for details. 25. See, Ch. XXXIII, Sec. A, infra. 26. See, infra, Chs. VIII and XXXII. 
