Relationship between Constitution and Criminal Jurisprudence
Chanakya National Law University (CNLU), Patna, India.
Volume III, Issue IV, 2020
Every Constitution contains such principles which make up the “Spirit of the Constitution” And Indian constitution is not an exception of it. The Preamble Of our Constitution which is considered as a part of constitution itself as held in Kesavananda Bharti case And every word of it, is sacrosanct. The constitution is the supreme law and all organs of the state i.e., Legislature, Judiciary and Executive is bound by the same. Law is defined as “The law means to balance the competing interests of an individual along with the social interests of the society.” Presently, in this research paper we will deal with the relationship between constitutional concepts and the criminal jurisprudential perspective. Some of them are interlinked with Fundamental Rights, Some of them With Directive Principles of State Policy and others with Fundamental Duties. Furthermore, there is also linkage with acceptable constitutional norms and values as interpreted by the Hon’ble apex court.