INDIAN CONSTITUTION = VOID AB INITIO ??? How many of you guys know that the constitution of India as drafted by the drafting committee headed by Babasaheb Ambedkar was not a elected body of individuals but an appointed one. The Constitution was adopted in the name of the people of India as duly mentioned in the preamble (We, the people ... ) in 1950 without their mandate since the 1st Lok Sabha came into existence only in 1952 and Pt Jawaharlal Nehru (the then PM) did not present it for ratification in the Parliament later. So could the constitution be held to be Void ab initio? If yes then all the central or state legislative acts, all the established courts including the Supreme Court, all the tribunals, all what derives its source, its validity from the constitution also De facto becomes void. The validity of the constitution could be argued only at the Courts of original jurisdiction as established by the Queens Charter which are Bombay High court, Madras High court and Chennai High court. I personally think the idea can be pursued. This could also be an opportunity for us to machinate an Indian Constitution which caters to the specific needs of India. I know the idea sounds too revolutionary and radical, but nevertheless the facts stand still. What do you think? Also read this - expressindia.indianexpress/ie/daily/20000406/week.htm
Posted on: Mon, 04 Aug 2014 15:47:25 +0000