The Preamble is considered to be a legitimate aid in the interpretation of the provisions of the Constitution. Again in Attorney General V. Thus, the preamble plays a pivotal role. Babasaheb Ambedkar, chairman of the drafting committee, presenting the final draft of the Indian constitution to Constituent Assembly president Rajendra Prasad on 25 November 1949 Most of the was under from 1857 to 1947. The Preamble does not grant any power but it gives direction and purpose to the Constitution.
In this project researcher found his hypothesis correct, Preamble is key to open the mind the makers. It is the yardstick with which one can judge the constitution. The purpose of the Preamble is to clarify who has made the Constitution , what is its source, what is ultimate sanction behind it; what is the nature of the polity which is sought to be established by the Constitution and what are its goals and objective? Liberty, equality and fraternity were the slogans of French Revolution, which have been adopted in our Constitution. Secularism implies equality of all religions and religious tolerance and does not identity any state religion. Constitution and judiciary The judiciary is the final arbiter of the constitution.
This is all the importance of the Preamble in our Constitution. India is internally and externally sovereign — externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. Judges, such as , , and were members of the assembly. The constitution has had since it was enacted. These include several developmental policies to provide safeguard to minorities, backward, depressed and tribal people. The Preamble of the Constitution of India is one of the best of its kind ever drafted.
It usually states, or professes to state, the general object and meaning of the legislature in passing the measure. And this is called mixed economy. It is a jewel set in the Constitution. The first, two-day president of the assembly was ; was later elected president. All citizens are equal in the eyes of law, there is no privileged class and all public offices are open for all the citizens without any distinction on basis of race, caste, sex or creed. Thus democracy implies that all three powers of the government i.
Therefore, certain minimal rights are to be enjoyed by every person in a community for free and civilized existence in the civil society. India's vacation with communism started in the mid fifties at the Avadi Congress. Being the declaration of the collective aspirations of the people, it also provides the broad ambit for the legislature to enact laws. That is the Constitution of India1. The President of India is elected by an electoral college for a term of five years. In a country like ours with so many disruptive forces of regionalism, communalism and linguism, it is necessary to emphasis and re-emphasise that the unity and integrity of India can be preserved only by a spirit of brotherhood. In order, to sustain democracy, liberty is not to degenerate into license.
The principle of equality of law means not the same law should apply to everyone, but that a law should deal alike with all in one class; that these should be equality of treatment under equal circumstances. A preamble is a preface to the constitution. Socialism as a social philosophy stresses more on societal equality. This suggests that sovereignty is one of the most important values of a state. They were not enumerated in the original draft of the constitution.
Any citizen may occupy any office on the basis of merit. To the extent necessary for the purpose of the Preamble, it can be safely concluded that the majority in Kesavananda Bharati case leans in favor of holding, i That the Preamble to the Constitution of India is a part of the Constitution; ii That the Preamble is not a source of power or a source of limitations or prohibitions; iii The Preamble has a significant role to play in the interpretation of statutes and also in the interpretation of provisions of the Constitution. In his Memorandum dated May 30, 1947, B. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, , and the duties of citizens. One of the various questions raised in this case was the extent of the power of the Parliament to amend under Article 368. Therefore, the stress has been given on the ideal of fraternity which would foster unity amongst the inhabitants. One of the earliest matters which engaged the attention of Constitution makers related to the wording of the Preamble of the Constitution.
It is also right to state that preamble is the basic part of any document and it is but obvious to our constitution because it is the supreme law of our country. Archived from on 2 April 2015. A preamble may also be used to introduce a particular section or group of sections. The constitution is considered in nature, and in spirit. Accordingly, it is implied that the Constitutional authorities and organs of government derive their power only from the people. It briefly but succinctly states what our political leaders and Constitutional Fathers wanted India to be. In the Landmark Judgment of Keshvananda Bharti v.
The word Socialist also has enormous significance as it implies economic and social equality. This implies that government power shall be vested in the popularly elected representatives of the people. The is head of the executive branch, under Articles 52 and 53, with the duty of preserving, protecting and defending the constitution and the law under. In India, popular elections give legitimacy to our rulers. Ministry of Law, Government of India.