The judiciary interprets the Constitution from "summary" of Constitution of India (Prabhat Prakashan) by Pratap Kumar Ghosh
The Constitution is the supreme law of the land, providing a framework for the governance of the country. It lays down the fundamental principles, rights, and duties of citizens, as well as the structure of government and the distribution of powers. However, the language of the Constitution is not always clear-cut, and different provisions may sometimes appear to be in conflict with one another. In such cases, it falls upon the judiciary to interpret the Constitution and resolve any ambiguities or contradictions that may arise. The judiciary plays a crucial role in ensuring that the Constitution is upheld and that the rights and freedoms of the people are protected. Through its power of judicial review, the judiciary can declare any law or action of the government unconstitutional if it goes against the provisions of the Constitution. The process of interpretation involves analyzing the text of the Constitution, as well as considering the historical context, the intentions of the framers, and previous judicial decisions. The judiciary must strike a balance between upholding the principles of the Constitution and adapting to the changing needs of society. This requires a nuanced understanding of the law and a deep commitment to justice and fairness. The judiciary's interpretation of the Constitution is not always straightforward and may be subject to debate and criticism. Different judges may have varying perspectives on how the Constitution should be interpreted, leading to divergent opinions and dissenting judgments. However, these differences of opinion are an essential part of the democratic process, ensuring that the judiciary remains independent and impartial in its decision-making.- The judiciary's role in interpreting the Constitution is vital to the functioning of the legal system and the protection of the rights of the people. By carefully considering the text and principles of the Constitution, the judiciary helps to ensure that the rule of law is upheld and that justice is served in society.
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