Important Point – Principle of Audi alteram partem is not all pervasive and of universal application.

1. We are a unique State, which though an integral part of India, has its own Constitution, apart from the Constitution of India that is applicable to the State of Jammu and Kashmir subject to the provisions of Article 370 of the Constitution of India. It may not be necessary for our purpose to trace out the historical background and the circumstances responsible for this unique constitutional position which our State enjoys.

2. India is a sovereign democracy governed by the Rule of law. Unlike other parliamentary democracies, we have a constitutional supremacy in our country. The constitutional provisions which form the essential features and basic structure of the Constitution cannot be amended by the Parliament even if it is unanimous in its opinion. The Preamble of the Constitution of India declares: “”WE, THE PEOPLE OF INDIA” having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens. On the similar lines is the Preamble of the State Constitution. In Kesavanand Bharati Sripadagalvaru and ors. v State of Kerala and anr., (1973) 4 SCC 225 also known as fundamental rights” case, it was held that preamble is a part of the Constitution and provides a key to open the mind of the makers of the Constitution. It also speaks about the constitutional philosophy unfolded by the framers of the Constitution through different parts and the Articles of the Constitution.

3. The preamble to the Constitution can be divided into following three parts:

(a).The people of India in their constituent Assembly adopted, enacted and gave to themselves a fundamental document of governance known as the Constitution of India.

(b) The people of India solemnly resolved to constitute India into a sovereign democratic republic.

(c) The people of India solemnly resolved to secure to all its citizens four objectives i.e, justice; social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of a opportunity and to promote among them all and lastly fraternity assuring the dignity of the individual and unity and integrity of the nation.

4. The words “justice, liberty, equality and fraternity” are the words of passion and power. Amongst four objectives resolved by the people of India, to be achieved, the third objective i.e equality of status and opportunity is soul of our Constitution. The equality has two aspects, negative and positive. The equality can be achieved to some extent by removing inequality, but the equality of status and opportunity, used absolutely, as they are in the preamble, cannot be realised because the same mean more than the removal of inequality. No one would believe that an Indian labourer is equal in status and opportunities to the Prime Minister of India. Again, opportunity is partly a matter of chance, partly a matter of capacity to seize the opportunity should it come. The third objective laid down in the preamble has been sought to be achieved through Articles 14 and 16 of the Constitution contained in part-III of the Constitution of India dealing with fundamental rights. Article 14 of the Constitution of India is a general Article on equality and does not in terms provide for equality of status and opportunity, but it provides that State shall not deny to any person equality before law or the equal protection of laws. To some extent, these provisions help to secure equality of status and opportunity, but the doctrine of classification makes large inroads into the concept of equality of status and opportunity. Articles 14, 15 & 16 of Constitution of India are correlated and spell out vividly the concept of equality embodied in these Articles. Undoubtedly, the concept of equality envisaged in Articles 14, 15& 16 of the Constitution is a founding faith of our Constitution and indeed a pillar on which rests the foundation of our democratic republic.

5. Hon’ble Supreme Court in the case of Ajay Hasia etc. vs