A Constitution is a political and legal document given by the dominant political elite, who may be called political sovereign, in exercise of power, ordinarily according to the views and convenience of actual constitution makers, controlled by social environment and power equations. Normally political sovereign responsible for farming a constitution assumes power illegally and such power is uncontrolled by positive law.1 The framers of the American Constitution were a group of persons who had assembled to frame constitution without an authority of law. Even when, by exercise of legal power, a body to frame a constitution is established its power is normally not controlled by positive law. The Constitution of India was framed in the name of Constituent Assembly which was created in accordance with the “Cabinet Mission Plan” and was assigned limited power. Subsequently, by operation of the Independence of India Act, 1947, when India achieve ....