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.
