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Report No. 46

7. Constitution supreme in democracy.-

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 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.

Within their respective spheres, each one of the constituents of Indian democracy can claim supremacy in a limited sense only. This position is subject to the important proviso that Parliament has power to amend the Constitution; but, once Parliament's constituent power to amend the Constitution is exercised and the amended Constitution comes into operation, even Parliament has to function again within the limits prescribed by the amended Constitution.

The Constitution (Twenty-Fifth Amendment) Bill, 1971 Back

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