Salient Features of the Indian Constitution

The preamble of the constitution declares establishment of a Sovereign, Socialist, Secular, Democratic, Republic and Promoting among its Citizens, Justice, social, Economic and Political Environment envisaging the ideals and aspirations of the people of India for which the country had struggled during the British Regime. Liberty of thought, expression, belief, faith and worship are the important objects. Equality of status and of opportunity and to promote among them all, the Preamble is the key to open the mind of the makers. It does not mean that the preamble can override the express Provision of the Act. However, the Preamble is the part of the constitution. It is the basic structure of the constitution.

The Fundamental Rights stated in the Constitution under article 12 to 31. Fundamental Rights are backbone of the Indian Constitution. There are no equal rights enunciated in any constitution of other countries. In Golaknath Case[1], 1967, Fundamental Rights are expressly recognised as limitations on the constitution amending power. Later, in Kesavananada Bharathi Case[2], 1973, the Golaknath Case was overruled. But, the basic structure Doctrine is limitation on the Constituent or Quasi-Constituent or Constitutional amending power of Indian Parliament. Through the Indian Supreme Court, the Judicial Craftsmanship was manifested through Basic Structure Doctrine, which constituted a legal category of concealed multiple reference, which was used by the Supreme Court in striking down Constitutional amendments in Subsequent years, demonstrated to uphold Rule of Law, and through a Judicial Review and Judicial Power. Basic Structure was interpreted to include Democracy in the sense of free and fair elections. The Basic Structure Concept itself being in the area of value Judgement defies all attempts at a Precise Sweep a Cluster of Constitutional Values which can merit inclusion within the hallow of Basic structure only. If they are Basic or Essential Principles or Help in fixing the Identity of the constitution itself. The Basic Structure Doctrine need not be an intractable, riddle. If the Socio-Economic aspects and the concepts of our Constitutional Values as they can be gathered from the Preamble and the Text of the constitution are used as guide in judicial determination of such questions. 

[1] AIR 1967 SC 1643 
[2] AIR 1973 SC 1461


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