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Some random thoughts

  The preamble to the Constitution of India declares India to be a sovereign socialist (emphasis added) secular democratic republic. The Supreme Court of India has held in Kesavananda Bharati vs State of Kerala Case (1973) and S R Bommai vs Union of India (1994 ), that the Preamble is an integral part of the Constitution. The Court held that the Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. The question is “whether, in the normal course, every legislation, policy, programs and practices framed and pursued by the Parliament and Executive ought to be congruent with the Preamble, to be constitutionally legitimate? Is it unreasonable to expect that the legislature and policymakers put all legislation, policies, programs and practices framed by them through the test of this declaration, before these are implemented? To clarify, these questions need to ...