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 p