Meaning of Constitution with reference to the meaning of Indian Constitution along with definitions and aspects. Analysis of the Preamble and Discussion of Basic Structure Doctrine. Significance, features and sources of Indian Constitution. Types of Constitution all of the world.

5. • Berubari Union and exchange of enclaves in re 1960- Supreme Court held that
Preamble is NOT part of Indian Constitution.
• Keshwananda Bharti v. State of Kerala, AIR 1973- 13 Judge bench of Supreme
Court held with 7:6 majority that preamble is the part of Indian constitution and it
incorporates the doctrine of basic structure.
• Indira Nehru Gandhi vs. Raj Narain, AIR 1975- Supreme Court held that preamble
is not source of any power.a
• ‘We the people of India’ reflects popular sovereignty.
• Capital words and absence of any punctuation mark between different words shows
composite expression.
• Republic- Head of the State is elected and not hereditary monarch.
• Democratic- rule of the people, by the people and for the people.
• Sovereign- free from external control in governance.
• Socialism- Excel Wear v. Union of India, AIR 1978- socialism is elimination of
inequality in income, status and standards of life and it enables the court to lean more
in favor of nationalization and state ownership of industry.
• Secularism- S. R. Bommai v. Union of India, AIR 1994- there is no state or preferred
religion as such and all religious groups enjoy the same constitutional protection any
favor or discrimination.
• Unity and Integrity- Indira Sawhney v. Union of India, AIR 1993- it can be
presumed only by the spirit of brotherhood.

8. Codified :
• Duly passed and enacted
• Amendment process is less flexible
• Written in a single document
• Constitution is given a priority over ordinary
legislation
• Exceptional provision to amend the constitution
• Example: India, USA.
• Slow and gradual evolution
• Process of amendment is flexible
Partially Written
Constitution
• In several books
• E.g. San Marino (6
books)
• Australia (Constitution of
Common Wealth of
Australia and State
Constitutions)
Unwritten Constitution
• Can be extracted from
various sources such
as: usages, custom,
conventions, Acts of
Parliament etc.
• E.g. U.K. Canada,
New Zealand.
Uncodified

9. INDIA UK USA
Written constitution Unwritten constitution Written constitution
Amending constitution is a combination of
rigid and flexible process.
Flexible process of amending Constitution Rigid process of amendment of Constitution.
Quasi federal form of Government Earlier Unitary, now enshrining federal
features
Dual federation
Parliamentary form of government Parliamentary form of government with
ceremonial monarchy
Presidential form of government
Parliamentary Sovereignty with judicial
supremacy.
Parliamentary Supremacy Parliamentary Supremacy with Judicial
Review
Rule of Law Rule of Law Rule of Law
Separation of powers with system of checks
and balances
No strict separation of powers Strict Separation of Powers
Single citizenship Single citizenship of UK but one can hold
citizenship of foreign country as well.
Dual Citizenship