Which among the following statements can be the correct reason(s) to ...
- Statement 1 is incorrect: It is not necessary that since the Constitution was framed before the Parliament then it will command more authority than Parliament.
- Statement 2 is incorrect: Only Parliament has power to amend the Constitution as per the provisions of Art 368.
- Statement 3 is correct: Parliament derives its power from the Constitution.
Which among the following statements can be the correct reason(s) to ...
Authority of Constitution over Parliament
The authority of the Constitution over Parliament can be explained by the following reasons:
3. Parliament derives its power from the Constitution: The Constitution is the supreme law of the land, and Parliament derives its power from the Constitution. The Parliament is created by the Constitution, and its powers and limitations are defined by the Constitution. The Constitution lays down the framework of the government, the powers of the government, and the rights of the citizens. Parliament has to operate within this framework and cannot act beyond its powers.
2. The Constitution cannot be amended by the Parliament: The Constitution is a fundamental document that outlines the basic structure and principles of the government. It cannot be easily amended by the Parliament. The procedure for amending the Constitution is complex and requires the support of a two-thirds majority of both Houses of Parliament. It is an elaborate process that ensures that the Constitution is not altered easily.
1. The Constitution was framed before the Parliament: The Constitution was framed by a Constituent Assembly, which was made up of elected representatives from all parts of the country. The Constitution was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950. The Parliament was created after independence and came into existence on April 18, 1952. Therefore, the Constitution is senior to Parliament in terms of its age and authority.
Conclusion
In conclusion, the authority of the Constitution is higher than that of Parliament because Parliament derives its power from the Constitution, the Constitution cannot be easily amended by Parliament, and the Constitution was framed before the Parliament. The Constitution is the supreme law of the land, and all laws and actions of the government must be in accordance with the Constitution. Parliament is a creation of the Constitution and must operate within its limitations.
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