in the Kesavananda Bharati1973), the Supreme Court ruled that the constituent power of

Parliament under Article 368 does not enable it to alter the ‘basic structure’

of the Constitution.

Fundamental rights

The state can impose reasonable

restrictions on them. However, whether such restrictions are rea-sonable

or not is to be decided by the court

justiciable, allowing persons to move the courts for their enforcement

They are defended and guaranteed by the Supreme Court. Hence, the

aggrieved person can directly go to the Supreme Court, not necessarily by

way of appeal against the judgement of the high court

Debate over Constitution

making in Nepal:

Making a constitution is not always

an easy and smooth affair. Nepal

is an example of the complicated

nature of constitution making.

Since 1948, Nepal has had five

constitutions, in 1948, 1951, 1959,

1962 and 1990. But all these

constitutions were ‘granted’ by the

King of Nepal. The 1990

constitution introduced a multi-

party competition, though the King

continued to hold final powers in

many respects. For the last ten

years Nepal was faced with militant

political agitations for restructuring

the government of the country. The

main issue was the role of the

monarchy in the constitution of

Nepal. Some groups in Nepal

wanted to abolish the institution of

monarchy and establish

republican form of government in

Nepal. Others believed that it may

be useful to shift to limited

monarchy with a reduced role for

the King. The King himself was not

ready to give up powers. He took

over all powers in October 2002.

Many political parties and

organisations were demanding the

formation of a new constituent

assembly. The Communist Party of

Nepal (Maoist) was in the forefront

of the struggle for a popularly

elected constituent assembly.

Finally, under pressure of popular

agitation, the King had to install a

government acceptable to the

agitating parties. This government

has stripped the King of almost all

powers. Now, all the parties are

trying to decide the manner in

which a constituent assembly will

be formed.
Fraternity mentioned in preamble is not bound within the boundaries of India. Explain

And. India took decision to be a part of commonwealth to promote peace inspite of opposition.

The constitution mentions that the state shall promote international peace and security ,make good
international relations ,Respect international laws and treaties and settle disputes between nations by
arbitration.

Impeachment is a quasi judicial process.

Fraternity : bringing about brotherhood and making realise that all are children of the same soil.
Dignity of citizens: justiciable rights might not be enough to bring about dignity , it is therefore
mentioned in the constitution in directives that govt should shape is social and economic
policies such that all citizens have access to adequate means of livelihood. Right to dignity is a
fundamental right. Any measure set to implement the directives in article 39b and c cannot be
struck down from the courts if the court believes that is Violates fundamental rights.
Fundamental duties : in order to insure sovereignty unity and integrity of the nation and to
make a secular state and ensure brotherhood each citizen has a fundamental duty . This part of
fundamental duties were inserted in 1976 .
Our constitution : members of the constituent assembly were of the view that it is a society
imitation of the West. It was diagnosed that this constitution won't be workable . But the fact
that the country is running with the constitution for 7 decades is itself an answer to the critics.
The constitution has been modified by more than 100 amendments . Many articles are omitted
and many are added , original constitution had 395 submitted and 8 schedules till 2008 4 new
schedules are added . It is the longest known constitution.
How is it not an imitation but a beautiful imitation
The constitution borrowed the best features of all existing constitution and also modified them
to avoid any fault that has been disclosed in its working and to make it suitable according to
Indian needs.
Fundamental rights from us , parliamentary system from UK, directive principles from eire(
Ireland)
Emergency from Germany and govt of India act 1935.
Constitution is better than other constitution since it has used judicial decisions in interpretation
to avoid any uncertainty.

Limited government is a key concept of liberalism

Us and India have limited government. UK has unlimited government.