Cratological Analysis Of Indian Judicial Process

Abstract

Indian Constitution is a controlling constitution and at the same time the legal system of India has also been newlinebeautifully designed, incorporated and defined by our controlled Indian constitution. So it becomes easier to newlinesearch the meaning of the parity of power in the text of the Indian Constitution itself. newlinePart III of the constitution of India is basically a denial of power to the state so that it cannot interfere with newline certain essential, basic, natural and inalienable rights or freedoms and function of the state should be in newlineorder so that human liberty may be preserved, human personality developed, and an effective social and newlinedemocratic life promoted, to recognize these right and freedom and allow them a free play. Hence, the state newlineunder the Indian constitution is under a duty to create a level playing field or Parity of power. newlineThe underlying idea entrenched in Part III in the constitution is to take certain right of the reach of transient newlinepolitical majority. It therefore has a dual aspect from one point of view, they confer justifiable right on the newlinepeople which will be enforced through the court against the government from, from another point of view, newlinethe fundamental right constitute restriction and limitation on governmental action, whenever it is taken by newlinethe center, or state or local government, the government cannot take any action, administrative or legislative newlineby which a fundamental right is infringed. newlineThus by doing so, the constitution creates a Parity of power between the power addressee and power holder. newlinePart IV of the constitution of India is a direction to the state. The aim of these provisions is also to establish newlineParity of power through the mode of direction. As these provisions are designed to obligate the state to take newlinepositive action in certain direction for the betterment of the life of subject or power addressees. They newlineestablish Parity of power as these principles give direction to the legislature and the executive in India as newlineregard the manner in which they should exercise their power.