Great credit is given to framers of Indian Constitution. They knew every thing. Borowed freely from Constituion of America, Canada, Swirzerland, Ausralia and UK (though it has no written Constituion). They are credited to be far sighted and saw how India will evolve.
Since 26/1/1950 till June 2015, our Constituion has been amended 100 times. Great credit in 65 years.
American Constitution was ratified on 21/6/1988 and in 227 years of history, it has been amended ONLY 27 times.
Defining the basic structure
The majority had differing opinions on what the "basic structure" of the Constitution comprised.
Chief Justice Sarv Mittra Sikri, writing for the majority, indicated that the basic structure consists of the following:
· The supremacy of the constitution.
· A republican and democratic form of government.
· The secular character of the Constitution.
· Maintenance of the separation of powers.
· The federal character of the Constitution.
Justices Shelat and Grover in their opinion added three features to the Chief Justice's list:
· The mandate to build a welfare state contained in the Directive Principles of State Policy.
· Maintenance of the unity and integrity of India.
· The sovereignty of the country.
Justices Hegde and Mukherjea, in their opinion, provided a separate and shorter list:
· The sovereignty of India.
· The democratic character of the polity.
· The unity of the country.
· Essential features of individual freedoms.
· The mandate to build a welfare state.
Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by:
· A sovereign democratic republic.
· The provision of social, economic and political justice.
· Liberty of thought, expression, belief, faith and worship.
· Equality of status and opportunity.
Looking at the corruption and chaos in the country, has the Constitution that we gave to ourselves failed us or we have failed the Constitution.