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SAI COMPUTER TYPING INSTITUTE, GULABARA CHHINDWARA [M.P.] CPCT ADMISSION OPEN [संचालक-लकी श्रीवात्री] MOB.-9098909565

created Apr 24th, 04:55 by Sai computer typing


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In a modern nation-state, the judiciary performs an important function of interpreting the law. The judicial system in India is unitary in nature, with the Supreme Court of India at the top. In the White Paper of 1933, the establishment of a Federal Supreme Court was proposed. This proposal was rejected by the Joint Committee and also abandoned by the colonial rulers. Under the Act of 1935, an All India Court, which was called the Federal Court, was established. It had the system of a Chief Justice. The number of other judges was determined by the British Government as per the need. From 1937 to 1950, constitutional questions went to the Federal Court, while general, civil and criminal appeals went to the Privy Council.
When the question of the Supreme Court came before the Constituent Assembly, it was clear that the powers of both the Federal Court and the Privy Council would be collectively vested in the Supreme Court. After independence, the new constitution replaced the Supreme Court with the Federal Court. The framers of the Indian Constitution wanted the judiciary to be in line with the broader political philosophy of the country. The work of preparing the draft proposals related to the establishment of the Supreme Court was done by a temporary committee of five members, whose members were  BN Rao, KM Munshi. ML Mitter, Vardhachari and Alladi Krishna-Swami Iyer. The Supreme Court was authorized by the Constituent Assembly, as the Court was seen as an extension of authority, an instrument of social revolution and as the custodian of the Constitution.
The Constitution of India was made by those people who fought against the British for independence. He did not expect that political freedom would prove to be a panacea for all weaknesses. They were aware of the fact that poverty and social injustice were the main problems in India, but they also felt that change through violence or authoritarian means could not only be painful but also usher in a new era of exploitation. So he adopted the democratic route for change.
Therefore, there is a provision of limited government in the constitution. It also includes a charter of fundamental rights, which cannot be violated by the state. A person has the protection of the court to protect his rights. In addition, the constitution provides for a federal government, in which the powers are divided between the center and the states. An independent judiciary has been arranged to make all these provisions meaningful. But the framers of the Constitution did not mention Judicial Review anywhere in the Constitution. In fact, judicial review is the power of the judiciary through which it can give a decision regarding the constitutional validity of any act or order of the legislature or executive.
This power is based on the general rationale that the Constitution is the supreme law of the land and that any authority that tries to act beyond the area limited by the Constitution will be stopped.  
 

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