The Preamble of the Constitution is an integral part of the Constitution. Democratic form of government, federal structure, unity and integrity of the nation, secularism, socialism, social justice and judicial review are basic features of the Constitution.
The Union of India shall protect the State Government and as corollary under Article 356 it is enjoined that the government of every state should be carried on in accordance with the provisions of the constitution. On receipt of a report from the Governor or other wise the President (Council of Ministers) on being satisfied that a situation has arisen in which the Government of a State can not be carried on in accordance with the provisions of the Constitution is empowered to issue Proclamation under Article 356 (1) and impose president’s rule in the state in a manner laid down in sub-clause (a) to (c) of Article 356 (1) of the constitution.
The exercise of the power under Article 356 is an extraordinary one and needs to be used sparingly when the situation contemplated by Article 356 warrants to maintain democratic form of government and to prevent paralysing of the political process. Single or individual act or acts of violation of the constitution for good, bad or in different administration does not necessarily constitute failure of constitutional machinery or characterises that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the constitution. The exercise of power under Article 356 should under no circumstances be for a political gain to the party in power in the Union government. It should be used sparingly and with circumspection that the government of the State functions with responsibility in accordance with the provisions of the constitution.
Rule of law has been chosen as an instrument of social adjustment and resolution of conflicting social problems to integrate diverse sections of the society professing multi religious faiths, creed, caste or region fostering among them fraternity, transcending social, religious, linguistic or regional barriers. Citizen is either by birth or by domicile and not as a member of religion, caste, sect, region or language Secuarlism has both positive and negative constants.
On which grounds of the following a restriction can be imposed on freedom of religion under article 25(1) of the constitution?
