Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
The Preamble to constitution
1.
2. IMPORTANCE
• Soul of the Indian Constitution
• Expresses “What we had dreamt so long”
• Provides the standards to examine and
evaluate any law
• Explains the objectives of the Constitution
• Contains the enacting clause which brings into
force the Constitution
3.
4. WE,THE PEOPLE OF INDIA…
• Signifies the Democratic Principles
• “People”- Not of states..but of India
• Derived from Constitution of US and of Eire
• Factual correctness of Constitution can’t be
challenged
Union of India V Madangopal
Kesavananda Bharati V State of Kerala
5. SOVEREIGN
• “A State is sovereign when there resides
within itself a supreme and absolute power,
acknowledging no superior.”
• Taken from Article 5 of Constitution of Eire
• Sovereign …externally and internally
• No external power can dictate The
Constitution of India
6. SOCIALIST
• Inserted in Preamble by Constitution(42nd
ammendment),1976
• To secure “a better life for the people”
• Aims at “Economic and Social equality”
• Socialist- from Article 14,15,16,17,21,23,38,39
and 46
D.S.Nakara V Union of India
Samatha V State of Andhra Pradesh
7. SECULAR
• Inserted in Preamble by Constitution(42nd
ammendment),1976
• Guarantees equal freedom to all Religion
• Equidistance and neutral for all the Religions
• Basic feature, beyond amending power of
parliament
S.R.Bommai V Union of India
8. DEMOCRATIC
• India-representative democracy
• Govt of the people , by the people and for the
people
• A successful democracy posits “aware
citizenry”
Union of India V Association for Democratic Reforms
9. REPUBLIC
• No hereditary monarch
• Ultimate power resides in body of the people
• President of India-elected by the people for
term of 5 years
10. JUSTICE
• Social justice- Abolition of all inequalities of
wealth, opportunities, race,
caste, and the like
• Economic justice- Equal pay for equal work
irrespective of caste and social
status
• Political justice- Absence of any unreasonable
distinction among all in political
matters
12. EQUALITY
• No discrimination among citizens
• To abolish untouchability , titles
• To secure equality of opportunity in
employment
13. FRATERNITY
• Spirit of brotherhood
• Assures the Dignity of individuals
• Meant for “Unity and Integrity in Diversity”
• No special provision for Fraternity but
freedom generate the spirit
14. GIVE A THOUGHT
• Is the Preamble a basic structure of Indian
Constitution???
• Should the Preamble be amended?