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Sunday, December 15, 2013

Basic Feather Of Constitution

The objectives specified in the Preamble contain the basic structure of our constitution, which can't be amended in exercise of the power under Article 368 of the constitution. For the theory of "Basic Structure", see the following judgements of the Supreme Court:

(i) Keshvanand Bharati v. State of Kerala, AIR 1973 SC 1461, Paragraphs 292,437,599,682 and 1164

(ii) Indira Nehru Gandhi v. Raj Narain, Air 1975 SC 2299, Paragraphs 251-252 (Khanna, J.), paragraphs 664, 665 and 691 (Chandrachud, J.), paragraphs 555 and 575 (Beg, J.) (3 Judges out of 5).

(iii) Minerva Mills Ltd v. Union of India, AIR 1980 SC 1789 (Majority).

   Concept relating to "separation of powers between the legislature, the executive and judiciary" as well as the fundamental  concept of an independent judiciary are now elevated to the level of basic structure of the  constitution and are the very heart of the constitutional scheme; State of Bihar v. Bal Mukund Sah, AIR 2000 SC 1296.

Pluralism is the keystone of Indian culture and religious tolerance is the bedrock of Indian secularism. It is based on the belief that all religions are equally good and efficacious pathways to perfection of God realisation; Valsamma Paul v. Cochin University, AIR 1996 SC 1011, paragraph 25.

Article 14(4) and 16 (4) of the constitution intend to remove social and economic inequality to make equal opportunities available. In reality the right to social and economic justice envisaged in the Preamble and elongated in the Fundamental Rights and Directive Principles of the Constitution, in particular Articles 14, 15, 16, 21, 38, 39 and 46 are to make the equality of the life of the poor, disadvantaged and disabled citizens of the society, meaningful; Valsama Paul v. Cochin University, AIR 1996 SC 1011, paragraph 6.
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