character of the Constitution, separation of powers, federalism and dignity
and freedom of the individual as essential features of the Constitution. Shelat
and Grover, JJ., have added to the list two other features: the mandate to
build a welfare State and unity and integrity of the Nation. Hegde and
Mukherjea, JJ. added sovereignty of India as a fundamental feature of the
Constitution. Reddy J., thought that a sovereign democratic republic,
Parliamentary democracy and the three organs of the State form the basic
structure of the Constitution. Khanna. J. held that fundamental rights are
not a part of the basic structure and therefore they can be abrogated like
many other provisions. He observed that basic structure indicates the broad
outlines of the Constitution and since the right to property is a matter of
details, it is not a part of that structure. The democratic form of Government,
the secular character of the State and possibly judicial review are according
to Brother Khanna a part of the basic structure of the Constitution. It is
obvious that these are merely illustrations of what constitutes the basic
structure and are not intended to be exhaustive. Shelat and Grover, JJ.,
Hegde and Mukherjea. JJ. and Redy. J say in their judgments that their list
of essential features which form the basic structure of the Constitution is
illustrative or incomplete. For determining whether a particular feature of
the Constitution is a part of its basic structure, one has perforce to examine
in each individual case the place of the particular feature in the scheme of
our Constitution its object and purpose, and the consequences of its denial on
the integrity of the Constitution as a fundamental instrument of country's
governance. But it is needless for the purpose of these appeals to ransack
every nook and cranny of the Constitution to discover the bricks of the basic
strucure. Those that are enumerated in the majority judgments are massive
enough to cover the requirements of Shri Shanti Bhushan's challenge.
665. I consider it beyond the pale of reasonable controversy that if there
be any unamendable features of the Constitution on the score that they form
a part of the basic structure of the Constitution they are that: (i) India is a
Sovereign Democratic Republic; (ii) Equality of status and opportunity shall
be secured to all its citizens; (iii) The State shall have no religion of its own
and all persons shall be equally entitled to freedom of conscience and the
right freely to profess, practise and propagate religion and that (iv) the
Nation shall be governed by a Government of laws, not of men. These, in my
opinion, are the pillars of our constitutional philosophy, the pillars, therefore,
of the basic structure of the Constitution.
666. I find it impossible to subscribe to the view that the Preamble of the
Constitution holds the key to its basic structure or that the preamble is too
holy to suffer a human touch. Constitutions are written, if they are written in
the rarefied atmosphere of high ideology, what-ever be the ideology.
Preambles of written Constitutions are intended primarily to reflect the
hopes and aspirations of people. They resonate the ideal which the Nation
seeks to achieve, the target, not the achievement. In parts, therefore, they are
metaphysical like slogans. For example, the concept of Fraternity which is
referred to in our Preamble is not carried into any provision of the
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