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A Sovereign Republic, fundamental

6. Continuity With The Past and Judicial Review:- The Independent status of country necessitated many changes yet in framing the new polity, the constituent assembly did not proceed on doctrinaire lines. It made no abrupt break with the past. Reflection of the past is discernible in the following facts, The conception of constitutional government was not a product of western influences but was well recognized in the political theories of the ancient Hindus. Vedic as well as Epic Literature, works on as well as in  “Smritis” of codes of law bear ample testimony to this fact, Though monarchy was the prevailing type of Government, it was not the only form. The Republican states also existed. The existence of “Ganas” or self governing communities in the Mahabharata, of notable clans like Licchavis, the “Sakyas” and the “Mallavas” transacting business of the state in public assemblies as given in the sacred jain and Buddhish literature, of nonregal states as discussed by Greek observers like G. W. M'crindle and Megasthenes throw enough light on the fact that Republican form of Government is a relic of the past. The doctrine of Judicial Review is as a matter of fact implicit in our constitution. If the union or a state government transgresses the limitations imposed upon it by the constitution through any law, the supreme court can declare such a law void.  Article 13 of our constitution declares that any law of the Legislature or act of the Executive, which contravenes any of the provisions of the Fundamental Right, shall be void. ‘Legislation, impinging on the Fundamental Right can be valid only if it imposes reasonable restrictions on the exercise of these rights and the question of reasonableness would in the last resort be a matter for the determination by the courts. The determination by the Legislature of what constitutes a reasonable restriction is not final or conclusive. It is subject to the supervision by the court. ‘Thus the judiciary reviews the acts of the Union and state Governments and safeguards and protects the rights and liberties of the people. As such, it serves as a guardian of the right of the people, as well as a custodian of the constitution. Its declaring Zamindari abolition act and “nationalization of banks legislation” as unconstitutional and presidential order ‘abolishing privy purses of former rulers’ as ultra vires establish the extent, the judicial review authority of the supreme court can be exercised. the constituent assembly did not proceed on doctrinaire lines. It made no abrupt break with the past. Reflection of the past is discernible. the supreme court can declare such a law void.  Article 13 of our constitution declares that any law of the Legislature or act of the Executive, which contravenes any of the provisions of the Fundamental Right, shall be void. The state shall endeavor to organize agriculture and animal husbandry on modern and scientific lines and shell, in particular, take steps for preserving and improving the breed, and prohibiting the slaughter, of cows and calves and  draught cattle.

Independent of Country
Government of India Act & Integration
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Continuity With The Past and Judicial Review

Emergency Powers

The Difference Between The Act of 1935 and The Present Constitution

important articles
Union Territories
Right of Citizenship
Equality of opportunity in matters of public employment
Directive Principles of State Policy
Powers , Privileges and Immunities
Conduct of business
Administrative Relations

unless the context otherwise requires

The Scheduled and Tribal areas
Emergency Provisions
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