S.Mahaveer Shivaji MHC Advocate Part III Art 13. …….while comparing Art 12 and 13, both are definition clauses in larger prospective between the state and law. A small but big error was done by framers in defining state. In theory of general parlance and by political scientists the state means nation or

S.Mahaveer Shivaji MHC Advocate Part III Art 13. …….while comparing Art 12 and 13, both are definition clauses in larger prospective between the state and law. A small but big error was done by framers in defining state. In theory of general parlance and by political scientists the state means nation or country but our constitution made it as government. Governments are within the state not by state itself. State is by virtue and after creation of state only in India the government is formed. Then if you read together the Art 12 and 13. It makes clear that the LAW alone will prevail over government. That is the Art 13 will prevail over Art 12 and if you take entire essence of our constitution the government must function under the law and not on the law . further the government shall not make law in autocratic nature because of having majority in parliament. That is why our constitution made very clearthat the law made by parliament is not absolute to implement and it will go under judicial scrutiny or review to test it’s constitutionality. But often in recent past the judges are turning more like into best parliamentarian to the government than in upholding sanctity and supremacy of the constitution and many of judges are lack of knowledge and exposure over the constitutional law with that of other laws………….FOLLOWS

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