Polity

Preamble:
Sovereign Secular Socialist Democratic Republic after amendment.
Preamble reflects the high purpose and noble objective of the constitution makers. It is the
soul of the constitution.
Liberty of thought, expression, belief, faith and worship.
Unity and integrity of nation after amendment.
Equality of status and opportunity.
In 2003, union amended the Citizenship Act to provide for dual citizenship of PIO in 16
specified countries.
If justice, liberty, equality and fraternity, including social, economic and political justice, the
golden goal set out in the preamble of the CoI, are to be achieved, the Indian polity has to be
educated and educated with excellence. SC: Preamble is framed with great care and
deliberations so that it reflects the high purpose and noble objectives of the constitution
makers.
Abolition of caste system was essential for smooth functioning of Rule of law and
Democracy.
Independence of Judiciary is a basic structure (SP Gupta Case).
The objectives specified in the Preamble contain the basic structure of CoI, which cannot be
amended in exercise of the power under Art 368 of CoI.
Basic structure: federal character in keshvananda bharti case, supremacy of CoI, Republican
and Democratic, Secularism and separation of power.
The approach of courts must be compatible with constitutional philosophy of which DPSP
constitute an integral part. :SC
The word socialist, read with Art 14 and 16, enable court to deduce a FR to equal pay for
equal work, the same word, when read with Art 14, enabled the court to strike down a statue
which failed to achieve the socialist goral to fullest extent.
Preamble may be invoked to determine the ambit of: 1) Fr 2) DPSP:SC
Preamble is a part of CoI: SC keshvananda bharti. The CoI casts a responsibility on the state
to sustain social and economic security, for preamble is the floodlight illuminating the path to
be persuaded by the state to set up a sovereign, socialist, democratic republic :SC
Objectives specified in the preamble contain the BS of CoI and hence it can be pressed into
service to interpret the FR and DPSP:SC

Secularism: Single citizenship is assured irrespective of their religion. It protect right to

religion of those who practice and also those who have no religion. Radhakrishnan: Secular
state does not mean that we reject the reality of relevance of religion to life. It means that not
one religion should be given preferential status. This view of religious impartiality has a role
to play within the national and international life. State shall have no religion.
Important component of secularism are: 1) equality under Art 14 2) Art 15, 16 3) Art 19, 21
4) Art. 25-28 5) Art. 44 DPSP 6) Art. 48 of cow slaughter.
Secularism is a BS of CoI: Bommai by SC.
Social Justice enables the courts to uphold legislations: 1) to remove economic inequalities.
2) to provide a decent standard of living to the working people. 3) to protect the interest of
weaker section of the society.
Structural part of the CoI is to a large extent derived from GoI 1935. Philosophical part of
CoI has other sources.
Historical and geographical factors have been responsible for the build of the CoI which is
largest in the world. Framers were keen to preserve the democratic values. They were also
keen to make provisions considered to be necessary in the light of social and economic
backwardness of certain sections of the society. Detailed provisions of 1935 Act were adopted
in the interest of continuity and certainty. All these led to length of the CoI.
Preamble says the CoI is given by people to themselves, thereby affirming the republican
character of the polity ad sovereignty of the people.
Corruption is opposed to democracy and social order. It is not only anti-poor but also destroys
nations cultural heritage. It shakes the foundation of CoI and rule of law. It threatens the
security of the societies undermining the ethical values and justice jeopardizing sustainable
development. Corruption devalues human rights. :SC
It would seem that essentially the CoI is a federal one:SC
Main object of Art. 13 is to secure the Paramountcy of the CoI in regard to FR.
Constitutional amendment cannot override a basic feature.(SP Gupta)
Doctrine of basic feature applies only to CA and not ordinary acts 1) it should realte to a
matter within its competence 2) it should not void Art 13 as being unreasonable to FR or
other constitutional prohibitions. It limits amendment power of the parliament. Amendment
under Art 368 can be challenged on the ground BS. An ordinary law cannot be challenged:SC