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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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British Conventions and the Indian Constitution 1

British Conventions and the Indian Constitution 1

Chapter:
(p.53) 6 British Conventions and the Indian Constitution1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0016

The fact that the Indian Constitution is one of the most elaborate in the world does not imply that it does not have in addition tacit provisions. It is based on the recognized conventions of a parliamentary form of government which it establishes both at the Centre and in the States. For quite some time people, politicians, and others professed not to see anything but the written word, and rejected the conventions altogether. This chapter discusses how the Supreme Court has very clearly given legal recognition to constitutional conventions concerning the parliamentary system of government. In other words, the court has recognized that the provisions of the Constitution are based on certain British conventions regarding the cabinet and that to ignore the latter would be to misinterpret the former.

Keywords:   constitutional conventions, parliamentary government, Supreme Court, Indian Constitution

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