remain there in perpetuity. But I do not find any such inhibition so far as the
power of parliament or state legislatures to pass laws is concerned. Articles
245 and 246 give the power and also provide the limitation upon the power of
these organs to pass laws. It is only the specific provisions enacted in the
Constitution which could operate as limitation upon that power. The
preamble, though a part of the Constitution, is neither a source of power nor
a limitation upon that power. The preamble sets out the ideological
aspirations of the people. The essential features of the great concepts set out
in the preamble are delineated in the various provisions of the Constitution.
It is these specific provisions in the body of the Constitution which determine
the type of democracy which the founders of that instrument established, the
quality and nature of justice, political, social and economic which was their
desideratum, the content of liberty of thought and expression which they
entrenched in that document, the scope of equality of status and of
opportunity which they enshrined in it. These specific provisions enacted in
the Constitution alone can determine the basic structure of the Constitution
as established. These specific provisions, either separately or in combination
determine the content of the great concepts set out in the preamble. It is
impossible to spin out any concrete concept of basic structure out of the
gossamer concepts set out in the preamble. The specific provisions of the
Constitution are the stuff from which the basic structure has to be woven.
The argument of counsel for the respondent proceeded on the assumption
that there are certain norms for free and fair election in an ideal democracy
and the law laid down by parliament or state legislatures must be tested on
those norms and, if found wanting, must be struck down. The norms of
election set out by parliament or state legislatures tested in the light of the
provisions of the Constitution or necessary implications therefrom constitute
the law of the land. That law cannot be subject to any other test, like the test
of free and fair election in an ideal democracy.
348. I do not think that an ordinary law can be declared invalid for the
reason that it goes against the vague concepts of democracy; justice, political,
economic and social: liberty of thought, belief and expression: or equality of
status and opportunity, or some invisible radiation from them.
"......(N) o political terms have been so subjected to contradictory
definitions as 'democracy' and 'democratic' since it has become fashionable
and profitable for every and any state to style itself in this way. The Soviet
Union and communist states of Eastern Europe, the Chinese People's
Republic, North Korea and north Vietnam all call themselves democracies. So
does Nasser's Egypt: so does General Stoessner's Paraguay; so did Sukarno's
Indonesia. Yet, if anything is clear, it is that these states do not all meet the
same definition of democracy". *
Definitions are important, for, they are responsible in the last analysis for
our image of democracy. The question is not only what does the word
'democracy' mean but also what is the thing. And, when we try to answer this
latter query, we discover that the thing does not correspond to the word. So,
although 'democracy' has a precise literal meaning, that does not really help
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents