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| </blockquote>Commenting on the above provision, Dr. S. Radha krishnan observes that even kings are subordinate to Dharma, to the Rule of law.2 The utility and the necessity of the power of king to enforce the law is explained thus:-<blockquote>'''loksZ n.Mftrks yksdks nqyZHkks fg 'kqfptZu%A n.ML; fg Hk;knHkhrks Hkksxk;So izorZrsAA''' | | </blockquote>Commenting on the above provision, Dr. S. Radha krishnan observes that even kings are subordinate to Dharma, to the Rule of law.2 The utility and the necessity of the power of king to enforce the law is explained thus:-<blockquote>'''loksZ n.Mftrks yksdks nqyZHkks fg 'kqfptZu%A n.ML; fg Hk;knHkhrks Hkksxk;So izorZrsAA''' |
| '''MANU VII-22'''</blockquote><blockquote>'''There is hardly an individual in this world, who on his own, is pure in his conduct. | | '''MANU VII-22'''</blockquote><blockquote>'''There is hardly an individual in this world, who on his own, is pure in his conduct. |
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| </blockquote> | | </blockquote> |
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| The Law Commission presided over by Justice P.B.Gajendragadkar, former Chief Justice of India, in its 46th Report expressed similar views : | | The Law Commission presided over by Justice P.B.Gajendragadkar, former Chief Justice of India, in its 46th Report expressed similar views : |
| The Commission believes that, in a democratic country like India which is governed by a written constitution, supremacy can be legitimately claimed only by the constitution. It is the Constitution which is paramount, which is the law of laws, which confers on the Parliament and the State Legislatures, the Executive and the Judiciary their respective powers, assigns to them their respective functions, and prescribes limitations within which the said powers and functions can be legitimately discharged. | | The Commission believes that, in a democratic country like India which is governed by a written constitution, supremacy can be legitimately claimed only by the constitution. It is the Constitution which is paramount, which is the law of laws, which confers on the Parliament and the State Legislatures, the Executive and the Judiciary their respective powers, assigns to them their respective functions, and prescribes limitations within which the said powers and functions can be legitimately discharged. |
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| Thus we gave ourselves a system of governance which can aptly be described as a System based on the Constitutional Supremacy, same as the Dharmic Supremacy, as declared in '''Brihadaranyaka Upanishad''', the basic structure of which is unalterable. This must be uppermost in the minds of all those who exercise the power of the State under the doctrine of seperation of powers. | | Thus we gave ourselves a system of governance which can aptly be described as a System based on the Constitutional Supremacy, same as the Dharmic Supremacy, as declared in '''Brihadaranyaka Upanishad''', the basic structure of which is unalterable. This must be uppermost in the minds of all those who exercise the power of the State under the doctrine of seperation of powers. |
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| == References == | | == References == |