Article 448 Of The Indian Constitution?
India’s Constitution, Article 448
Section 448 (Article 448) of the Indian Constitution is a crucial clause that governs the repeal of specific statutes and laws. The Constitution’s Article 448 gives The President of India the to repeal or amend any law or ordinance adopted before when the Constitution was adopted, and that is not by the requirements that are by the Constitution. In the article below, we’ll examine its significance in Article 448 and the historical background, as well as what its implications are.
Historical Context of Article 448
Before the time that when the Indian Constitution came into effect on the 26th of January in 1950, India was administered by the Government of India Act 1935. The act established an Indian federal system of government and provided some autonomy to provinces. It also granted the British government significant power to regulate the nation’s activities.
Following the adoption of the Indian Constitution, India became a sovereign democratic republic, and the Constitution was the sole law of the country. There were several laws and ordinances which were in place before when the Constitution became effective, and that was not by the Constitution’s provisions. Constitution. Article 448 was enacted to tackle this issue and ensure that these laws were repealed or amended in line with the newly-enacted Constitution.
Provisions of Article 448
Article 448 permits the President of India to amend or repeal an ordinance or law passed before the time the Constitution became effective and is in conflict with the rules that are by the Constitution. The President might apply this power by granting an order, which will carry the same effect and force as the case if it were a law passed by the Parliament.
Additionally, Article 448 further states an obligation to repeal any statute or regulation that is incompatible with the requirements of the Constitution is invalid in the event of an inconsistency. In other words, if a clause of a pre-constitutional order or law is identified as incompatible with the Constitution or the Constitution, it shall be considered invalid and inapplicable.
Implications Of Article 448
Article 448 has several important impacts on and within the Indian law system. It first ensures that the laws and ordinances that were in effect before adopting the Constitution are aligned with the new constitutional framework. This is vital to ensure it is you can say that the Constitution is the law of the land. Of the land, and that the other laws and ordinances conform to its requirements.
- Article 448 gives the President power to amend or repeal every law and ordinance which is not in accordance in accordance with the Constitution. This power is vital in ensuring that our legal system is adaptable to the evolving economic, social, and political situations within the country. Also, it ensures that outdated or outdated laws are removed or amended to accommodate the evolving needs of society.
In addition, Article 448 offers an avenue for resolving disagreements concerning the constitutionality of prior laws or regulations. If any clause of any pre-constitutional law or ordinance can be found incompatible with the Constitution or the Constitution, it is considered invalid in the event of a paradox. This will ensure that the Constitution remains the supreme source of all issues about the nation’s management.
In the final analysis, Article 448 of the Indian Constitution is a crucial clause that guarantees that the laws and ordinances enacted before adopting the Constitution are reformed with the new Constitution’s framework.
It allows the President to repeal or amend the law that conflicts with the Constitution and provides a procedure to settle disputes about the constitutionality of prior constitutional laws or ordinances. In doing this, Article 448 plays a crucial role in ensuring the Constitution is the only law of the land and that any other laws or ordinances conform to the Constitution’s regulations.
2.1 Jurisdiction of the Supreme Court under Article 448
Article 448 allows the Supreme Court to review its decisions or judgments with specific conditions and limitations. The court can exercise this authority whenever deemed appropriate to ensure justice.
2.2 Limitations On The Exercise Of Jurisdiction Under Article 448
It is the Supreme Court can exercise jurisdiction under Article 448 only when there is an obvious error in the record or if there’s an important legal issue of general significance that requires addressing. Additionally, this authority is only valid within four years after the date of the initial decision or judgment.
2.3 Applicability to Civil and Criminal Cases
Article 448 applies to both criminal and civil cases. However, it is important to note that this article applies to criminal and civil cases. Supreme Court can exercise this power only when it has issued an order or final decision.
Key Provisions of Article 448
3.1 Power of the Supreme Court to Review its Judgments
Article 448 gives The Supreme Court the power to revise its judgments or decisions. This power is intended for fixing omissions, errors, or mistakes made in the court’s decision.
3.2 Conditions for Exercise of Jurisdiction under Article 448
The court may exercise its authority under Article 448 only when it detects an error on the surface of the evidence or when there is a major legal issue of general relevance which needs to be addressed. Furthermore, this authority is only valid within four years after the issue of the original ruling or decision.
3.3 Impact of Article 448 on Finality of Judgments
The exercise of the jurisdiction provided by Article 448 is not a factor in the validity of the ruling or decision of the Supreme Court. The court is able to alter or reverse its own decision; however, the original decision remains unalterable until the modification or reversal is implemented.
Historical Background of Article 448
4.1 The evolution of Article 448 from the Government of India Act, 1935
Article 448 in the Indian Constitution is derived from Section 205 of the Government of India Act, 1935. This provision conferred to the Federal Court (the highest court before the creation of the Supreme Court) the power to review its rulings.
4.2 Debates and Discussions in the Constituent Assembly
The Constituent Assembly discussed and debated the review provisions under Article 448 thoroughly. Members debated on the limitations and conditions that it was possible that the Supreme Court would be allowed to exercise this authority. The final decision was that Article 448 was inserted into the Constitution to serve the purpose of guaranteeing it is possible for it is the Supreme Court can rectify any mistakes or errors in its rulings.
Significance Of Article 448 In The Indian Legal System
Article 448 is a vital clause in the Indian Constitution that upholds the integrity and impartiality of the justice system. This provision plays a crucial part in making sure the judges have to be accountable for their decisions and ensuring the law of the land and promoting the accessibility of justice. Here are a few major ways Article 448 influences the Indian law system:
5.1 Role of Article 448 in Ensuring Judicial Accountability
Article 448 is an official mechanism to hold judges accountable for their conduct. The law allows the President of India to expel judges from office when they are found guilty of serious misconduct or incapable of performing their responsibilities. With the mechanism for accountability, article 448 makes sure that judges behave ethically and in line with the law.
5.2 Impact of Article 448 on Access to Justice
Justice is the most fundamental right protected in Constitutional law. Indian Constitution. Article 448 is vital in increasing access to justice by ensuring the justice system is efficient and effective. By disqualifying judges who commit violations, Article 448 helps to keep the public’s trust in the justice system. It ensures the public can seek justice without worrying about bias or corruption.
5.3 Comparative Analysis with Similar Laws in Other Legal Systems
Article 448 isn’t unique in India. Indian legal system. Similar laws are in place in other nations, including those in the United States, where judges are impeached on charges of “high crimes and misdemeanors.” The criteria for impeachment differ from one country to another as certain legal systems require the highest level of evidence over others.
Challenges and Controversies Surrounding Article 448
However, despite its significance, Article 448 has faced numerous controversies and critiques. Here are a few of the major issues surrounding the article:
6.1 Criticisms of Article 448 by Legal Scholars and Practitioners
Some lawyers and scholars have expressed displeasure with Article 448, saying that the law grants President India excessive power to influence the justice system. They claim that the President may apply Article 448 to deport judges with opposing opinions on political or ideological issues instead of removing judges involved in the commission of misconduct.
6.2 Judicial Interpretation of Article 448 by the Supreme Court
The Supreme Court of India has played a significant part in interpreting Article 448. There are instances when the interpretation of the article has caused controversy. In one instance, it was decided by the Supreme Court held that Article 448 cannot be used to deport judges suffering from mental illness. This ruling raised doubts regarding the requirements for removal in the context of Article 448.
6.3 Instances Of Misuse Of Article 448
There have been occasions when Article 448 has been misused to gain political advantage. For instance, in 1975, The government in India employed Article 448 to deport Justice H.R. Khanna of the Supreme Court because of his dissident opinion in a case concerning civil liberties. This decision raised questions about the corruption of the judiciary.
Future Implications of Article 448
While India continues to grow as it develops, the role of Article 448 in the justice system could shift. Here are some effects for the near future:
7.1 Potential Impact of Recent Amendments to Article 448
In the year 2019, the Indian government changed Article 448 to include additional grounds for removal, which include sexual harassment and the willful misuse of power. It is yet to be determined how these changes will affect the judiciary system as well as the accountability of judges.
7.2 Effect of Emerging Technologies on the Application of Article 448
The emergence of new technologies like blockchain and artificial intelligence can influence the implementation of Article 448. For instance, an AI-powered system can be used to spot patterns of misconduct in judges, which will make it easier to find cases in which Article 448 ought to be invoked.
The Importance of Upholding Article 448
Article 448 is a vital section of the Indian Constitution that upholds the credibility of the judiciary system. While there have been debates and criticisms of this article, however, it is still an important instrument for ensuring justice accountability and increasing access to justice. It is vital to stand by Article 448 and ensure it is used in a prudent manner and by the fundamentals that are outlined in the Indian Constitution.
In the end, Article 448 of the Indian Constitution represents a fundamental element of India’s legal system. However, it has been the focus of debates and controversy; however, and its importance in ensuring accountability for judicial decisions and the rule of law cannot be understated. In the years ahead, as India continues to change and evolve to meet new problems, the implementation and interpretations of Article 448 will surely have a significant impact on shaping the legal landscape of India in the years to come.
FAQ’s
What is Article 448 of the Indian Constitution?
Article 395 of the Indian Constitution provides for the repeal of the Government of India Act, 1935, and any laws made under it. It signifies the end of British colonial rule in India and the establishment of an independent Indian republic.
When was Article 448 inserted in the Indian Constitution?
Article 448 was a part of the original Indian Constitution, which was adopted on November 26, 1949, and came into force on January 26, 1950.
Why was Article 448 necessary?
The British Government had enacted the Government of India Act, 1935, which provided for the establishment of a federal government in India. The Indian Independence Act, 1947, provided for the transfer of power from the British to the Indian authorities. Article 395 was necessary to formally repeal the Government of India Act, 1935, and any laws made under it, and to establish India as an independent republic.
What was the significance of Article 448 for India’s independence movement?
Article 448 symbolized India’s freedom from British colonial rule and the establishment of an independent republic. The inclusion of this article in the Indian Constitution was a defining moment in the country’s history and marked the culmination of the Indian independence movement.
Has Article 448 been amended or repealed?
No, Article 395 has not been amended or repealed. It remains a part of the Indian Constitution and continues to signify the end of British colonial rule in India.
What is the impact of Article 448 on India’s legal system?
Article 448 did not have a direct impact on India’s legal system. However, the repeal of the Government of India Act, 1935, and any laws made under it, paved the way for the creation of a new legal framework for India, including the Indian Constitution, which has been the basis of India’s legal system since its adoption.
