Preamble – reflects the minds of Constitution makers.
It embodies liberty of thought, expression, belief, faith, and worship.
Preamble is a part of Constitution?
Berubari Union case 1960 - not a part but Keshvanand Bharti case 1973 – part of Constitution & it can also be amended subject to the basic structure doctrine.
It has no legal effect independent of other parts, it can be used to interpret the Constitution where the language of Constitution is ambiguous.
Parliamentary form of Government – government holds office until it enjoys majority in Parliament (Loksabha in particular & Parliament in general). {A.75(3)}
Members of Union cabinet are members of Parliament (MPs).
Government stays in power if it enjoys majority in Parliament (LS in particular).
Collective responsibility – Union cabinet sinks & swims together.
In a Parliamentary form of Government, real executive power
lies with the Council of Ministers headed by the Prime Minister which is responsible to the legislature.
Constitutionalism- limited government
Constitution- the supreme law of land. Government functions according to it.
Rule of law - creation of laws, their enforcement, & the relationships among legal rules are themselves legally regulated, so that no one—including the
most highly placed official—is above the law.
Limitation of powers ensures no man is punished except for a breach of law, thus restricting discretion of the government of the day.
Rule of law also means equality before law.
Government – to maintain law & order it takes decision on behalf of the people. Organs of Government function with division of power Legislature, Executive & Judiciary
Making law- Legislature Implementing law – Executive Interpreting law - Judiciary
Polity – a society organised by the exercise of political authority, a form of government.
Democracy – participation of people. Calls for intelligence and character