The Bombay High Court Friday quashed the write-off of Additional Tier-1 (AT1) bonds issued by Yes Bank Ltd.

• AT1 bonds, short for Additional Tier 1 bonds, are a class of bonds issued by banks.
• These bonds are typically used by banks to bolster their core or tier-1 capital to meet Basel III norms.
• AT1 bonds are subordinate to all other debt and except common equity.
• They offer higher returns but also carry a higher risk.
• Tenor – AT1 bonds are unsecured bonds that have perpetual tenor.
• These bonds have no maturity date but have a call option by which the banks buy these bonds back from investors.
• Risks – AT1 bonds, like other bonds, pay regular interest.
• If the bank issuing is making losses or at risk of falling short of capital need, it has the discretion to either reduce or completely skip their interest pay out.
• When a bank becomes non-viable, AT-1 bonds are either converted into equity or written off based on the direction of the RBI.

Article 1 of the constitution describes India, i.e. Bharat as a ‘ Union of States ‘. At present we have 28 States and 8 Union Territories (UTs). PARLIAMENT can divide a state, merge two states, change the name of any state, increase or decrease the area of any state etc. For example, Chhattisgarh was carved out of Madhya Pradesh. Madras was renamed as Tamil nadu etc.

Constitutional Provisions and Philosophical Basis

 1 to 4, Part I –  Deals with The Union and its territory

• Schedule – 1 – Names of the States and their territorial jurisdiction.
• 1 reads – India, that is, Bharat as a ‘Union of States’ rather than a ‘Federation of States’.
• This provision deals with two things: –

1. 1. Name of the country – India that is Bharat
   2. Type of polity – Union of States

• “India” and “Bharat” these two names in 1 is compromise between two divergent opinions. Some members suggested the “Bharat”, while other advocated the modern name “India”. Pertaining to this, Constituent Assembly had to adopt a mix of both (“India, that is, Bharat”)
• The phrase “Union of States” has been preferred to “Federation of States” for two reasons:

1. 1. The Indian Federation is not the result of an agreement among the states like the American Federation
   2. The states have no right to secede from the federation.

• The federation is a Union because it is indestructible. The country is an integral whole and divided into different states only for the convenience of administration.

• According to 1, the territory of India can be classified into three categories:

1. 1. Territories of the states
   2. Union territories
   3. Territories that may be acquired by the Government of India at any time.

• ‘Territory of India’ – Wider expression as it includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.
• States à The states are the members of the federal system and share distribution of powers with the Centre.
• Union Territories –  Directly administered by the Central government.
• Acquired Territories – Directly administered by the Central government. Being a sovereign state, India can acquire foreign territories according to the modes recognised by international law – Cession, Occupation, Conquest or Subjugation.
• ‘Union of India’ – Narrower expression as it includes only states.
• Present status (as of 2020) – There are 28 states and 9 union territories.
• Fifth and Sixth Schedules contain separate provisions with respect to the administration of scheduled areas and tribal areas within the states.
• 2 – Relates to the admission or establishment of new states that are not part of the Union of India. Empowers the PARLIAMENT to ‘admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit’.
• 2 accords two powers to the Parliament: –

1. 1. the power to admit into the Union of India new states (already in existence)
   2. the power to establish new states (not in existence before)

• 2 deals with external re-adjustment of the territories of the constituent states of the Union of India.
• 3 – Relates to the formation of or changes in the existing states of the Union of India.
• 3 deals with the internal re-adjustment interest of the territories of the constituent states of the Union of India

Authority of Parliament over Reorganization of State 

• This power of parliament broadly deals with 3 of the constitution.
• 3 authorises the Parliament to: –

1. 1. Form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state
   2. Increase the area of any state
   3. Diminish the area of any state
   4. Alter the boundaries of any state
   5. Alter the name of any state.

NOTE

• In the case of state

1. 1. Bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President.
   2. Before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.
   3. The President (or Parliament) is not bound by the views of the state legislature and may either accept or reject them, even if the views are received in time.

• In the case of UTs

1. 1. In case of a union territory, no reference need be made to the concerned legislature to ascertain its views and the Parliament can itself take any action as it deems fit.

• • • Constitution authorises the Parliament to form new states or alter the areas, boundaries or names of the existing states without consent of states. These provisions entail that territorial integrity of any state is not guaranteed by the Constitution.
    • India – “An indestructible union of destructible states”.
    • USA – “An indestructible union of indestructible states” (territorial integrity of the states guaranteed)
    • American Federal Government cannot form new states or alter the borders of existing states without the consent of the states concerned.

• Cessation of an Indian territory to foreign country does not cover under Art.3 and it can be done only by amending constitution under Art. 368.

• Settlement of a boundary dispute between India and another country does not require a constitutional amendment (Under Art. 368). It can be done by executive action as it does not involve cession of Indian territory to a foreign country.
• Before 1956, the states were classified into four parts-
  • Part A – 9 former governor’s provinces
  • Part B – 9 former princely states
  • Part C – former princely states + chief commissioners provinces
  • Part D – Andaman and Nicobar
• By the States Re-organization Act (1956) and the 7th Constitutional Amendment Act (1956), the four-fold division of state were abolished.

Evolutionary history of States and UTS

INTEGRATION OF PRINCELY STATES (SARDAR VALLABHAI PATEL WAS MAIN FORCE BEHIND)

• India had comprised two categories of political units –
  • The British provinces (under the direct rule of British government)
  • The princely states (under the rule of native princes but subject to the paramountcy of the British Crown).
• The Indian Independence Act (1947) created two independent and separate dominions of India and Pakistan and gave three options to the princely states –
  • Joining India
  • Joining Pakistan
  • Remaining independent.
• Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
• In course of time, they were also integrated with India–
  • Hyderabad by means of police action (Operation POLO)
  • Junagarh by means of referendum

• Kashmir by the Instrument of Accession.

Dhar Commission and JVP Committee (1948)

• The integration of princely states with the rest of India has purely an ad hoc arrangement.

• Government of India appointed the Linguistic Provinces Commission under the chairmanship ofK. Dhar in 1948 to examine the feasibility and evolution of an objective criteria.
• Committee recommended the reorganization of states on the basis of administrative convenience rather than linguistic factor.
• Disappointment with Dhar committee led to the appointment of another Linguistic Provinces Committee in 1948 consist of Jawaharlal Nehru, Vallabhai Patel and Pattabhi Sitaramayya, itself to examine the whole question afresh.
• JVP committee formally rejected language as the basis for reorganisation of states.

Fazl Ali Commission (1953)

• The creation of Andhra state in 1953 intensified the demand from other regions for creation of states on linguistic basis.
• This forced the Government to appoint a three- member States Reorganisation Commission in 1953, under the of to re-examine the whole question.
• Members – Fazl Ali (chairmanship), M. Panikkar and H.N. Kunzru.
• Committee broadly accepted language as the basis of reorganisation of states.
• At same time, it rejected the theory of “one language-one state”.
• Its view was that the unity of India should be regarded as the primary consideration in any redrawing of the country’s political units.

• It identified four major factors that can be taken into account –
  • Preservation and strengthening of the unity and security of the country.
  • Linguistic and cultural homogeneity.
  • Financial, economic and administrative considerations.
  • Planning and promotion of the welfare of the people in each state as well as of the nation as a whole.

New States and Union Territories Post – 1956

1. Maharashtra and Gujarat – In 1960, the bilingual state of Bombay was divided into two separate states – Maharashtra (Marathi speaking people) and Gujarat (Gujarati speaking people).
2. Dadra and Nagar Haveli – The Portuguese ruled this territory until its liberation in 1954. It was converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.
3. Goa, Daman and Diu – India acquired these three territories from the Portuguese by means of a police action in 1961. They were constituted as a UTs by the 12th Constitutional Amendment Act, 1962. Goa was conferred statehood in 1987. Consequently, Daman and Diu was made a separate union territory.
4. Puducherry – The territory of Puducherry comprises the former French establishments in India known as Puducherry, Karaikal, Mahe and Yanam. It was administered as an ‘acquired territory’, till 1962 when it was made a UT by the 14th Constitutional Amendment Act.
5. Nagaland – In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang area out of the state of Assam.
6. Haryana, Chandigarh – On the recommendation of the Shah Commission (1966), in 1966, the State of Punjab was bifurcate to create Haryana, and the UT of Chandigarh.
7. Himachal Pradesh – In 1971, the UT of Himachal Pradesh was elevated to the status of a state of the Indian Union.
8. Manipur, Tripura and Meghalaya – In 1972, the two UTs of Manipur and Tripura and the sub-state of Meghalaya got statehood and the two UTs of Mizoram and Arunachal Pradesh (NEFA) came into being.
9. Sikkim: Till 1947, Sikkim was an; Indian princely state ruled by Chogyal. In 1947, after the lapse of British paramountcy, Sikkim became a ‘protectorate’ of India.Indian Government assumed responsibility for the defence, external affairs and communications of Sikkim.The 35th Constitutional Amendment Act (1974) was enacted by the parliament. This amendment introduced a new class of statehood under the constitution by conferring on Sikkim the status of an ‘associate state’ of the Indian Union.For this purpose, a new Art. 2-A and a new schedule (10th Schedule) were inserted in the Constitution.The 36th Constitutional Amendment Act (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the 22nd state).This amendment amended the First and the Fourth Schedules to the Constitution and added a new Art. 371-F to provide for certain special provisions with respect to the administration of Sikkim.It also repealed 2-A and the 10th Schedule.
10. Mizoram, Arunachal Pradesh and Goa – In 1987, three new States of Mizoram (Mizoram Peace Accord 1985), Arunachal Pradesh and Goa came into being states of the Indian Union.
11. Chhattisgarh, Uttarakhand and Jharkhand – In 2000, three more new States of Chhattisgarh, Uttarakhand and Jharkhand were created out of the territories of Madhya Pradesh, Uttar Pradesh and Bihar, respectively.
12. Telangana – In 2014, the new state of Telangana came into existence as the 29th state of the Indian Union. It was carved out of the territories of Andhra Pradesh.
13. Jammu & Kashmir and Ladakh:

• • Till 2019, the erstwhile State of Jammu and Kashmir had its own constitution and thus enjoyed a special status by virtue of 370 of the Constitution of India.
  • In 2019, this special status was abolished by a presidential order known as “The Constitution (Application to Jammu and Kashmir) Order, 2019”.
  • Jammu and Kashmir Reorganisation Act, 2019, bifurcated the erstwhile State of Jammu and Kashmir into two separate UTs –
    • UT of Jammu & Kashmir – Comprises all the districts of the erstwhile State of Jammu and Kashmir except Kargil and Leh districts
    • UT of Ladakh – Kargil and Leh districts

Thus, the number of states and union territories increased from 14 and 6 in 1956 to  28 and 9 in 2019, respectively.

Former UTS Transformed into Present States in Indian Union 

• Goa, Diu-Daman, Puducherry, Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh.

Evaluating Linguistic Reorganization of States 

• Gandhi and Nehru initially were in favour of linguistic reorganization. After Nagpur session, Pradesh Congress Committee (PCC) were setup in 1920.
• After witnessing horrors of partition, Nehru had a change of heart and from an outright supporter he became staunchest critique.
• Late 1940s witnessed a resurgence for linguistic states. E.g. Sanyukta Karnataka, Maha – Gujarat and Punjab.
• Most vigorous moment was in Telgu speaking areas of Madras speaking. This movement was initially spurred by led by Swami Sitarman and later by Pottu Sriramalu. This was resulted in formation of Andhra Pradesh in 1953.

Merits 

• Secular mode – Linguistic basis is more secular mode than caste of religious base.
• Better learning outcome – Linguistic provinces can provide education in mother tongue.
• Unity in diversity – Promotion and development of regional language and culture.
• Masses can participate in democratic process if language of administration is of their own.
• Efficient Administration – Multilingual state would be very difficult to administer efficiently and effectively.

Demerits

• It would likely spur further such demands and given no. of languages in country.
• Regionalism – It would slow down the process of emergence of national identity and composite culture.
• Sub-nationalism – Encouraging subnational feeling which may result into Balkanization of country.
• Sub-national identity often become rallying point and a platform for voicing secular demands. E.g. Marathi vs Bihari issue.
• Small states are not always economically and financially viable. E.g. Jharkhand.

GOI’S Response to the Demands for States 

• Special developmental assistance and package
• Creation of an Autonomous Councils e.g. Darjeeling Gorkha Council
• Inclusion of language in eight schedule of constitution – E.g. Konkani, Bodo etc.
• Setting up Developmental Boards – E.g. Vidarbha and Saurashtra.
• Special category status.

Critical Analysis of Demand for Small State

Reasons for Demand 

Culture and Ethnicity – For instance, Gorkhaland out of West Bengal, Nagalim demand in North East, Bodoland in Assam.

• Better governance – E.g. proposal to split Uttar Pradesh into smaller states.
• Political reasons – E.g. some groups dominated western UP region demanding Harit Pradesh.
• Imposition of local language and culture by the state government – E.g. in West Bengal
• Economic backwardness – e.g. Telangana and Vidarbha.

Merits

• Administrative convenience – more effective and efficient.
• Smaller state is more likely to be homogenous in terms of its developmental aspirations.
• It facilitates the people participation as administration become more closer to peoples.
• Viability of small states also resonates in economic growth experience of several small state.
• Democratic Decentralisation
• Resolve the problem of identity crisis among the ethnic groups and enable them to develop their own language and culture.

Demerits

•  Question of defining “small state” and objective criteria for same.
• Complication of matter w.r.t allocation of finances, center – state relations.
• Would go against spirit of Vallabhai Patel – against consolidation drive.
• No guarantee of enhancing of Human development indicators (HDI)
• Would lead to more dependence on center for finances attributed to low tax base.
• Issue of economic viability – North East states are more dependent on center.
• Duplication and overlapping of administrative setup – courts, Human resources.

Conclusion

• If its assumed that small states jurisdiction are developmentally more efficient then such arrangement already exist in the form of local bodies and in the form of blocks. Effective, efficient utilization of these institutions and capacity building is way forward.

Need for Second State Reorganization Commission

• It shall lay down sound and objective criteria for reorganization.
• Reorganization is an evolving process instead of one stop solution.
• Population in several states have become exponentially large.
• 30 years on LPG reform have altered the demographic and socio-economic realities leading to regional sentiments of neglect.
• To explore the ways to match the contemporary developmental aspirations and economic realities.
• To ensure equitable and inclusive social, economic, environmental growth.

Illustrative List of Demand for Independent States

• Uttar Pradesh – Bundelkhand
• Maharashtra – Vidarbha
• Bihar – Mithilanchal
• West Bengal – Gorkhaland
• Assam –  Bodoland
• Delhi as state
• Puducherry

Delhi as State – Critical Evaluation

In favour

• 69th Amendment 1991 created the Legislative Assembly of Delhi. Today, there are nearly two crore people in Delhi. It will be unfair to have restricted power to such popular mandate.
• It would also provide equal right of people for representation and self- governance.
• UN report projects that Delhi urban agglomeration will make it the most populous city in the world by 2028.
• An elected government representing a massive population need to have a say in law and order and land management.
• Statehood would resolve the of issue of coordination and frequent tussle between CENTRAL GOVERNMENT and Delhi government.

In Against

• Demand for full statehood has not been a national compulsion, but a call fuelled by Delhi’s local political interest and ambitions.
• Delhi is the national capital and must necessarily be viewed from the prism of the interests of the entire country.
• Delhi harbours institutions of national importance such as the president’s estate, the Parliament and foreign embassies. Special security cover and close coordination is essential for protection of these infrastructures.
• These institutions are the sole responsibility of the Union Government and not of any one particular state legislative assembly.
• India’s national capital belongs to every citizen of the country and not just those who reside in the city.
• Administrative burden over Delhi government would be enormous such as civic amenities, law and order, finances etc.

Way Forward

• Overlapping jurisdictions in a national capital is inbuilt and constitutional entities have to manage this reality.
• Provide greater autonomy and reasonably robust fairer power-sharing arrangements among different constituents.
• Governance restructuring would need to be done in a manner that accountability in relation to specific functions falls squarely on a single organisation/individual.
• Delhi should demand the urgent revision of the existing constitutional provisions (i.e. 69th Amendment, Article 239) and Rules of Business.

Aksai Chin and Associated Issues

Historical Underpinning

• India and China share a 3,488 km long boundary. Unfortunately, the entire boundary is disputed.
• Four states viz., Himachal Pradesh, Uttarakhand, Sikkim and Arunachal Pradesh and a Union Territories of Ladakh (erstwhile state of Jammu & Kashmir) share a border with China.
• India and China had never shared a common boundary till China “liberated” or occupied Tibet in 1950.
• It was then that the hitherto India Tibet boundary was transformed into an India-China boundary.
• Since 1954, China started claiming large tracts of territory along the entire border such as Aksai Chin in Jammu and Kashmir, some areas in Uttarakhand and the entire Arunachal Pradesh.
• This episode was followed by intermittent clashes along the border, which finally culminated in the border war of 1962.
• The boundary, which came into existence after the war, came to be known as Line of Actual Control (LAC). It is a military held line.
• The Sino-Indian border is generally divided into three sectors namely: –
  • Western sector
  • Middle sector
  • Eastern sector
• There have been no fires shot along Aksai chin border over last 40 years.
• There are three stages of negotiation:
  • Agreeing to guiding principles to be followed – this is done
  • Recognizing Boundary and area – evolving consensus – this is the toughest one and process is struck here
  • Demarcation of boundaries

Western Sector

• In the western sector, India shares about 2152 km long border with China.
• It is between Union Territory of Ladakh (erstwhile state of Jammu and Kashmir) and Xinjiang Province of China.
• In this sector, there is a territorial dispute over Aksai Chin.India claims it as part of erstwhile Kashmir, while China claims it is part of Xinjiang.
• The dispute over Aksai Chin can be traced back to the failure of the British Empire to clearly demarcate a legal border between China and its Indian colony.
• During the time of British rule in India, two borders between India and China were proposed- Johnson’s Line and McDonald Line.
• The Johnson’s line (proposed in 1865) shows Aksai Chin in erstwhile Jammu and Kashmir(now Ladakh)e. under India’s control whereas McDonald Line (proposed in 1893) places it under China’s control.
• India considers Johnson Line as a correct, rightful national border with China, while on the other hand, China considers the McDonald Line as the correct border with India.
• At present, Line of Actual Control (LAC) is the line separating Indian areas of Ladakh from Aksai Chin. It is concurrent with the Chinese Aksai Chin claim line.

Middle Sector

• In this sector, India shares about 625 km long boundary with China which runs along the watershed from Ladakh to Nepal.
• Himachal Pradesh and Uttarakhand touch this border with Tibet (China) in this sector. Both sides do not have much disagreement over the border in this area.

Eastern Sector

• In this sector, India shares a 1,140 km long boundary with China.
• It runs from the eastern limit of Bhutan to a point near the Talu-Pass at the trijunction of Tibet, India and Myanmar.
• This boundary line is called McMahon Line.
• China considers the McMahon Line illegaland unacceptable claiming that Tibetan representatives who had signed the 1914 Convention held in Shimla which delineated the McMahon line on the map were not having rights to do so.

Pakistan Occupied Kashmir (PoK) issue

External Affairs Minister S. Jaishankar said (Sept 2019) that “we expect one day we will have physical jurisdiction” over Pakistan Occupied Kashmir (PoK).

Supporting Regulation

• A resolution unanimously adopted by Parliament on February 22, 1994 affirmed that “the UT of Jammu & Kashmir has been, is and shall be an integral part of India.
• It demanded that Pakistan must vacate the areas of the Indian State of Jammu and Kashmir, which they have occupied through aggression.
• PoK and GB are both part of the UT of Jammu and Kashmir, which is an integral part of India by virtue of its accession to India in 1947.

THE PoK

• PoK is an area of 13,297 sq. km, which was under the control of the Pakistani forces when the ceasefire line came into effect on January 1, 1949.
• That was after a 14-month period of hostilities between India and Pakistan, which began with an invasion of Kashmir by Pashtun tribesmen, and later its Army, to seize Kashmir.
• In 1963, through an agreement, Pakistan ceded to China over 5,000 sq. km of J&K land under its control, in the Shaksgam area, in northern Kashmir, beyond the Karakoram.

Demography of PoK

• PoK has a population of over 40 lakh (4 Million), according to a census carried out in 2017.
• It is divided into 10 districts: Neelum, Muzaffarabad, Hattian Bala, Bagh, and Haveli bordering areas in Kashmir, and Rawlakot, Kotli, Mirpur, and Bhimber bordering areas in Jammu.
• The capital of PoK is Muzaffarabad, a town located in the valley of the Jhelum river and its tributary Neelum (which Indians call Kishanganga) to the west and slightly north of Srinagar.

GILGIT – BALISTAN Issue

Historical Background

• This is a picturesque, hilly region to the north of PoK and east of the Pakistani province of Khyber Pakhtunkhwa.
• The British sold it, along with the rest of Jammu and Kashmir, to the Dogra ruler of Jammu, Gulab Singh, after defeating the Sikh army in 1846.
• However they retained controlled over the area through a lease extracted from the Maharaja. This lease was last renewed in 1935.
• In 1947, a British army officer of the rank of Colonel imprisoned Maharaja Hari Singh’s governor in the region, and handed over the area for accession to Pakistan.

Administrative Status in GILGIT – BALISTAN

• Gilgit Baltistan (GB) is spread over 72,871 Sq. km, and is five-and-a-half times the size of PoK. But it is sparsely populated, with just under 20 lakh (2Million)
• GB is divided into three administrative divisions and 10 districts.
• Though both PoK and GB are ruled directly from Islamabad, neither is officially listed as the territory of Pakistan.
• Pak has just four provinces: Punjab, Khyber-Pakhtunkhwa (which now includes the Federally Administered Tribal areas or FATA), Balochistan, and Sindh.
• PoK and GB are both “autonomous territories”.
• Pakistan has kept this fiction going, as incorporating these areas into its map would damage its international position in the UN and elsewhere that the entire Jammu and Kashmir is “disputed”.

What is a Preamble ?

• A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.
• In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
• The preamble basically gives idea of the following things/objects:

• 1. Source of the Constitution
  2. Nature of Indian State
  3. Statement of its objectives
  4. Date of its adoption

History of the Preamble to Indian Constitution

• The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

• Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

Components of Preamble

• It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
• Preamble declares India to be a sovereign, socialist, secular and democratic republic.
• The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
• The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

• We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.

Sovereign

• It implies India is neither a dependency nor a dominion of any other nation but an independent state
• Membership of the commonwealth for India or UN membership does not diminish its sovereignty

Socialist

• The term was added through 42^nd amendment act, 1976
• However, various provisions in the constitution existed that indicated the socialistic nature of our constitution. Ex: Directive Principles of State Policy (DPSP)
• The congress party adopted a resolution supporting socialism way back in 1955
• Indian style of socialism is a democratic socialism (both public and private enterprises is encouraged) as opposed to communist socialism (state decides everything under the sun concerning the distribution and usage of resources)
• Indian socialism is a blend of Marxist and Gandhian socialism, with heavy leanings towards the latter.

Secular

• The term was added through 42^nd amendment act, 1976
• However, the Supreme Court said in 1974, although the ‘secular state’ was not expressly mentioned in the constitution, there can be no doubt that constitution-makers wanted to establish a secular state.
• This is evident when one considers the secular Fundamental provisions of our constitution. Ex: Right against discrimination based on religion, race, caste etc

Democratic

• Our constitution establishes a democracy based on popular sovereignty
• Our democracy is an indirect democracy where elected representatives take decision concerning the country. (The opposite of this happens to be direct democracy where citizens take decisions using tools such as- referendum, plebiscite, initiate and recall)
• Our democracy is based on representative parliamentary democracy under which the executive is responsible to the legislature
• The term democratic is used in the preamble in the broader sense embracing not only political democracy but also social and economic democracy

Republic

• India is democratic republic, meaning, its offices are open to every citizen of India unlike the UK where the highest office in the country is reserved for the monarchy

Objectives of the Indian Constitution

• The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation.
• The main objective of the Indian Constitution is to promote harmony throughout the nation.
• The factors which help in achieving this objective are:

Justice

• It was borrowed from USSR constitution
• The ideal of justice in this case embraces three distinct forms- social, economical and political
• Social justice denotes the equal treatment of all citizens without any social discrimination
• Economic justice denotes the non-discrimination between people on the basis of economic factors
• A combination of social justice and economic justice denotes what is known as ‘distributive justice’
• Political justice means all citizens should have equal political rights, equal access to all political offices and equal voice in the government

There are three types of Justice

1. Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
2. Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
3. Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.

• Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law. This ideal was borrowed from French revolution
• Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law. This ideal was borrowed from French revolution
• Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation. This ideal was borrowed from French revolution. The preamble declares that fraternity has to assure two things- the dignity of the individual and the unity and integrity of the nation. The word integrity was added through 42^nd constitutional amendment act, 1976

Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which can not be taken from each other.

• Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.
• Without equality, liberty would produce the supremacy of the few over the many.
• Equality without liberty would kill individual initiative.
• Without fraternity, liberty would produce the supremacy of the few over the many.
• Without fraternity, liberty and equality could not become a natural course of things.

Status of Preamble

The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases. 

• Case 1 :- Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.Through the Berubari case the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.

• Case 2 :- Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:

• 1. The Preamble of the Constitution will now be considered as part of the Constitution.
  2. 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.
  3. So, it can be concluded that preamble is part of the introductory part of the Constitution.

Note :- In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.

Amendment of the Preamble :

• 42^nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution.
• 1. As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.
  2. As of now, the preamble is only amended once through the 42^nd Amendment Act, 1976.

• The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42^nd Amendment Act, 1976.

• 1. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
  2. ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

Some statements by eminent personalities regarding the preamble of the Indian constitution

1. ‘Identity card of the constitution’- NA Palkhivala
2. ‘The preamble to our constitution expresses what we had thought or dreamt so long’- Sir Alladi Krishnaswamy Iyer
3. ‘The horoscope of our constitution’- Dr KM Munshi
4. ‘It is the soul of the constitution. It is a key to the constitution. It is a jewel set in the constitution. It is a proper yardstick with which one can measure the worth of the constitution’- Pandit Thakur Das Bhargava
5. ‘Key-note of the constitution’- Sir Ernest Baker

‘Preamble is the soul of our constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter’- Former Chief Justice of India, M Hidayatullah

Why in news?

Japan is expected to start flushing 1.25 million tonnes of wastewater from the embattled Fukushima nuclear power plant into the Pacific Ocean this year, as part of a $76-billion project to decommission the facility.

What is the issue about?

• Reactor buildings at the Fukushima power plant (Japan) were damaged by hydrogen explosions caused by an earthquake and tsunami in 2011.
• More than a million tonnes of water have been used to cool the melted reactors.
• Currently, the radioactive water is treated in a complex filtration process that removes most of the radioactive elements, but some remain, including tritium – deemed harmful to humans only in very large doses.
• The plant’s operator Tokyo Electric Power Co (TepCo) is running out of space, with these tanks expected to fill up by 2022.
• Japan has approved a plan to release the contaminated water from the damaged Fukushima nuclear plant into the Pacific Ocean.
• The water will be treated and diluted so radiation levels are below those set for drinking water.

What are the concerns with this move?

• No threshold level – There is no known threshold below which radiation can be considered safe.
• Health impacts – Any discharge of radioactive materials will increase the risk of cancer and other known health impacts to those who are exposed.
• Effect on marine resource – Experts expect the affected water to poison the fish.
  • South Korea banned seafood imported from around Fukushima from 2013.

• Presence of radionuclides – TEPCO hasn’t removed tritium from the water. Tritium is easily absorbed by the bodies of living creatures and rapidly distributed via blood.
• In 2018, it was reported that there were other radionuclides including isotopes of ruthenium and plutonium in the treated water that could persist for longer in the marine creatures and on the seafloor.
• Reputation – Ultimately, Japan is also concerned about its reputation.

In Japan, the nuclear accidents reduced nuclear power’s contribution to electricity generation from 30% before 2011 to 5% in 2022. But the government has articulated plans to restart older reactors and build new ones to cut the increasing fossil fuels cost.

What options do Japan have in managing the waste water?

• Longer storage – The Japanese government can store the water for longer and then discharge it as tritium’s half-life (time it takes for its quantity to be halved through radioactive decay) is 12-13 years.
• The quantity of any other radioactive isotopes present in the water will also decrease in this time so that the water could be less radioactive at the time of discharge.
• Tanks in uninhabitable land – The tanks to hold the water can be situated in the land around the Fukushima facility which was declared to be uninhabitable by the Japanese government.
• Discharge into the sea – In 2020, International Atomic Energy Agency (IAEA) officials said the discharge would be technically feasible and would allow the timeline objective to be achieved.

Why in news?

Vice-President Jagdeep Dhankar’s remark that courts cannot dilute parliamentary sovereignty sparked a debate on separation of powers, bringing the focus back to the basic structure doctrine of the Constitution.

What is the current issue?

• Currently, there is a tussle going on between the executive and the judiciary over the collegium system of appointing judges.
• The Vice-President has talked about the Supreme Court verdict which struck down the National Judicial Appointments Commission (NJAC) and the 99th Amendment in 2015.
• Mr. Dhankar also questioned the landmark Kesavananda Bharati case verdict.
• He said that he does not subscribe to the idea that the judiciary can strike down amendments passed by the legislature on the ground that they violate the ‘basic structure’ of the Constitution.

What is the basic structure doctrine?

• In 1973, a 13-judge Constitution Bench ruled in Kesavananda Bharati v. State of Kerala that Article 368 does not enable Parliament to amend the basic framework of the document.
• The historic ruling came to be known as the basic structure doctrine — a judicial principle that the Constitution has certain basic features that cannot be altered or destroyed by amendments by Parliament.
• Over the years, various facets of the basic structure doctrine have evolved, and are not openly defined by the judiciary.

How did the basic structure doctrine evolve?

• Shankari Prasad Case (1951) – The Court upheld that under Article 368, the Parliament has the power to amend the Constitution including the Fundamental rights.
• Sajjan Singh v. State of Rajasthan (1965) – The Court reiterated the Parliament’s power to amend any part of the Constitution.
• I.C. Golak Nath v. State of Punjab (1967) – The Supreme Court held that Parliament could not curtail fundamental rights guaranteed under the Constitution.
• The term ‘basic structure’ was first used in this case, by lawyer M.K Nambyar.
• The then government enacted the 24^th, 25^th and 29th Constitutional (Amendment) Acts that gave Parliament uncontrolled power to alter or even abolish any fundamental right.
• Kesavananda Bharti Case (1973) – The Supreme Court held that although Parliament has the power to amend any part of the Constitution, it could not use this power to alter or destroy its “basic structure”.
• The verdict also made it clear that judicial review was only part of a system of checks and balances to ensure constitutional functionaries do not exceed their limits.
• Indira Gandhi v. Raj Narain (1975) – The basic structure theory was applied for the first time and the independent conduct of elections was categorized as basic structure
• Minerva Mills case (1980) – It pertained to the 42nd Amendment Act introduced by the Indira Gandhi government.
• In a majority verdict, the top court upheld the power of judicial review of constitutional amendments.

Why is basic structure so significant?

• The basic structure of the Constitution is its living spirit, holding up the body of its text.
• It is the soul of the Constitution, inextricably linked to the values enshrined in the Preamble, without which the document and the ideas that make it sacred would collapse.
• Granville Austin’s Working of a Democratic Constitution said that the basic structure doctrine is fairly said to have become the bedrock of constitutional interpretation in India.
• The courts have clarified that the basic structure aims to secure the rule of law essential for preservation of the democratic system.

What are the criticisms of the doctrine?

• Judicial overreach – Its critics believe that the doctrine gives the judiciary the power to impose itself over a democratically formed government.
  • For instance, the NJAC judgment in 2015 has been termed as the “tyranny of the unelected”.
• Separation of powers – It is said to be inconsistent with the principle of separation of powers.
• Vague – Basic structure doctrine is criticized for its vagueness as it has been left open before the judiciary to decide the same on the case to case basis.
  • In Kesavananda Bharti v. State of Kerala, each of the judges on the bench had their own conclusion.
• Basic nature – A doctrine in Constitutional sense can only be said Constitutional when it has a Constitutional genesis thus raising the question “Is the doctrine of basic structure really basic?”