November 25, 2017 06:52 PM

Chandigarh (Face2News)

Centre for IAS and Competitive Examinations, Panjab University organised a special lecture by Professor Virendra Kumar, Professor Emeritus, Department of Laws on the theme Understanding Constitution of India to commemorate the Constitution day.,here today at PU. 

Making a distinction between constitution, constitutional law and constitutionalism, Professor Kumar argued that the constitution is the basic law of the land whereas the constitutional law refers to the constitution being in action. While the constitution is implicit, constitutional law is explicit. Constitutionalism  stands for developing a system of governance in which sovereignty lies in the constitution as distinguished from sovereignty lying with a superior human being or an institution. terming the Indian Constitution as a living organic document that is political in nature. 

Professor Kumar argued that it has survived and has shown resilience because it has been inclusive peoples document. The constitution importantly has safeguarded the rights of the marginals/minorities in the diverse society of India as it cuts across the narrow confines of identities. being dynamic, the constitution has been able to adapt to the evolving times.

Professor Kumar also highlighted the roles of the Supreme Court and the Parliament as the two institutions that have played most significant role in ensuring the resilience of the Constitution of India. Supreme Court has done it by acting as guardian as well as spokesperson of the Constitution using its constitutional power vide Article 145  to interpret the substantial question of law whenever one provision of the constitution does not cohere with another provision. also under Article 141 the Supreme Court has got the power to frame transitory law which unlike the parliamentary amendment act may remain invisible but nevertheless mould the spirit/provision of the constitution. 

Speaking on the role of the Parliament in relation to the judiciary, Professor Kumar referred to the doctrine of checks and balances as Article 368 gives amendment power to the Parliament but the Supreme Court constitution benches   emphasized on the need to follow the basic features of the constitution as enshrined in the document. so the constituent power of the Parliament as article 368 needs to be consistent with the principle of constitutionalism.The special lecture was attended by the participants of the ongoing civil services course as well as the students of different departments of Panjab University. 

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