constitutional ANALYSIS PREAMBLE OF INDIA AND AMERICA

1. COMPARATIVE ANALYSIS OF:
PREAMBLE
INDIA AND ZIMBABWE
BY:- PRIYANKA DUTTA

3. Historical Overview
 Common Sociological Culture.
 Common Part of Colonial System “The British
Company”.
 Struggle for existence, Survival of the Fittest”
 1880 colonist as British South Africa Company
(BSAC)
 1800 British East India Company
Colonialism:- The policy and Practice of a power in

4.  Completely different Continent.
 Different cultural values
 United during fight against colonialism
 Interchanging of the thoughts and principle
Ideas for attaining the free Independent
country

11. Development of Zimbabwe
The Unilateral Declaration of Independence (U.D.I)
Adopted by Cabinet of Rhodesia (11 Nov 1965)
Rhodesia a British Territory in South Africa Govern itself since 1923
Independent Sovereign State Zimbabwe

12. The Election Held Feb 1980
Won by Mugabe ZANU (PF)
Republic of Zimbabwe (proclaimed)
Ceremony in Salisbury (now Harare)
Independence Day 18 April 1980 , Mugabe Was Sworn
P.M

13. Zimbabwe
 The Constitution of Zimbabwe is officially the
Supreme Law.
 The independent Constitution was the result of 1979
Lancaster House Agreement = “Lancaster
Constitution”
 Proposed Constitution drafted by Constitutional
convention was defeated by Constitutional
referendum during 2000.
 Three political Party – (1) ZANU PF
(2) MDC T
(3) MDC N

21. CONSTITUTION
 Rules Which regulate the structure of the principal
organs of Government.
 Constitution are the heirs of the past as well as the
testator of the future.
 Legal Written Document and Law of the Land
 Condition for Society, and Individual Conduct in
Peaceful way.
 Constitutional law is the body of law which defines
the relationship of different entities within a state,
namely, the executive, the legislature, and
the judiciary

22. Constitution Get Influenced By-
 Not all states have codified Constitution
 Human Rights Law
 Universal Declaration of Human Rights (U N Chater)
 The Rule of Law
 Absolute supremacy of regular law as opposed to the
influence of arbitrary power
 Equality before the law
 The Constitution is a result of the ordinary law of the
land.
 Separation of Power
 3 Pillars of Administration = Judiciary, Executive and
Legislature

23. Latin Word “Constituo”= Fixed,
Established or Settled

24. 1. Founding Provisions
2. National Objective
3. Citizenship
4. Declaration of Rights
Part 1- Application and
Interpretation
Part 2- Fundamental Human
Rights and Freedom
Part 3- Elaboration of Certain
Rights
Part 4- Enforcement
Part 5- Limitation…
Total 18 Chapter with
Parts
Part 1- The Union and its
Territory
Part 2- Citizenship
Part 3- Fundamental
Rights
Part 4- Directive Principle
of State Policy
Part 4 A- Fundamental
Duties
Part 5- The Union
Chapter 1- The Executive
The President and Vice
President…
Zimbabwe -345/6 India-395/12

25. PREAMBLE
 Introduction to the statute and many a times
very helpful to understand the policy and
legislative intent.
 It gives us a view to understand whatever our law
maker at that time had their in mind.
 Their desire to have Free, Independent, Supreme
Country and struggle for achieving their
existence reflects in Preamble of the
Constitution.

27. Purpose of Preamble
 It indicate the source from which the
constitution comes. E.g “we the people”
 It contains enacting clause which brings into
force the constitution
 It declares the great rights and freedoms which
the people of the country intended to secure to
all citizens and the basic types of Government
and Polity which was to be established
 Mirror of the Constitution

28. Zimbabwe- “Preamble”
 Supremacy of the Constitution
 Rule of Law (Law abiding Country/Society)
 Fundamental Human Rights and Freedom
 Nations Diverse Cultural Religious and traditional
Values
 Recognition of the equality of all human beings
 Gender Equality
 Good Governance – The process of decision
making and the process by which decisions are
implemented (or not implemented)
 Recognition of and Respect for the Liberation

29. Motto – “ Unity, Freedom
and Work”
It Claims- “ It is a Unitary
democratic and
Sovereign Republic”
Objectives- National
objectives
Motto - “Satyameva
Jayate”
It Claims- “Sovereign
Socialist
Secular
Democratic
Republic”
Objective- Justice ,
Liberty, Equality and
Fraternity
Zimbabwe India

30. India- “Preamble”
 Supremacy of Constitution
 Sovereign, Socialist, Secular, Democratic
Republic
 Objectives enshrined-
 Justice- Social, Economic and Political
 Liberty- Thought, Expression, Belief, Faith and
Worship
 Equality- Status and Opportunity
 Fraternity- Assuring the dignity of the Individual and
unity and integrity of the Nation

31. COMPARISON
 We the people of
Zimbabwe (democracy)
 United in diversity
 Common desire-
1. Freedom
2. Justice
3. Equality
 We the People of India
(democracy)
 Unity in diversity
 Solemnly resolve to
constitute-
1. Sovereign
2. Socialist
3. Secular
4. Democratic
5. Republic
Zimbabwe India

32. 4. Heroic resistance to-
- Colonialism
- Racism
- All form of Domination
- Oppression
 Exalting and Extolling-
• The brave men and
women
• Sacrificed their Lives
• During the 1.
Chimurega
2. Umvukela
3. National
Liberation Struggle
 To Secure to all its
Citizens-
1. Justice-
 Social
 Economic
 Political
2. Liberty of-
 Thought
 Expression
 Belief
 Faith
 Worship
3. Equality of-
 Status
 opportunity
Zimbabwe India

33.  Honouring-
 Forebears
 Compatriots
Toiled for the progress of
Our Country
 Recognising the need-
1. Entrench Democracy
2. Good, Transparent,
Accountable
Governance
3. The Rule of Law
 Promote among them
all-
1. Fraternity assuring
the dignity of the
Individual
2. The unity
3. The integrity of the
Nation
 Constitute Assembly of
26 Nov 1949
1. Adopt
2. Enact
Zimbabwe India

34.  Reaffirming Our-
1. Commitment to
Upholding and
Defending
Fundamental
Human Rights
2. Freedoms
 Acknowledging the-
• Richness of Our
natural Resources
• Celebrating the
Vibrancy of Our- 1.
Traditions
 Ourselves this
Constitution.
Zimbabwe India

35.  Determined to
overcome all- 1.
Challenges
2. Obstacles
that impede our
Progress
 Cherishing-
1. Freedom
2. Equality
3. Peace
4. Justice
5. Tolerance
Zimbabwe India

36.  In Search of new
frontiers under a
Common destiny
 Acknowledging the
Supremacy of Almighty
God
In Whose hands Our
Future Lies
 Resolve by the tenets of
this Constitution
To Commit Ourselves to
build a -
Zimbabwe India

37. 1. United + Just +
Prosperous Nation
2. Founded on Values of
Transparency +
Equality + Freedom +
Honesty + Dignity of
Hard Work
3. Imploring the Guidance
+ Support
Almighty God
Zimbabwe India

38.  Commit Ourselves to it
as the
 Fundamental Law of Our
Beloved Land.
Zimbabwe India