This document discusses the role of the preamble in interpreting the Indian constitution. It begins with an acknowledgment and then outlines the contents which include an introduction on the meaning and objectives of the preamble. It discusses whether the preamble is considered part of the constitution which was a controversial issue but was settled in the Kesavananda Bharati case where it was held to be part. The document also examines the interpretational value of the preamble in understanding the spirit and objectives of the constitution. It explores the role of the preamble in interpreting statutes and as a source of authority for the constitution. In under 3 sentences, the document analyzes the role and importance of the preamble in the interpretation and understanding of the Indian constitution.
The document discusses the sources of Hindu law. It defines sources of law as the basis from which law is evolved and interpreted by courts. Hindu law has evolved over 6000 years through various phases to meet changing needs. The ancient sources of Hindu law are considered most important and include the Vedas as divinely-revealed primary texts, as well as Smritis (remembered texts), commentaries, and customs. The modern sources that have developed include principles of equity and justice, precedents set by cases, and legislation. The Vedas contain sacred knowledge and date back 4000-1000 BC, while early Smritis were composed between 800-200 BC as teaching texts. The most influential Smritis are the Manusmrit
The document outlines the criminal justice system reforms introduced in Bengal in 1790. Key features include:
1) Establishing Circuit Courts that would visit each district twice a year to try criminal cases, assisted by Muslim law officers.
2) Empowering District Magistrates to apprehend, arrest, and impose minor punishments on criminals.
3) Creating a Sadar Foujudari Adlat (High Court of Criminal Justice) in Calcutta to replace the previous court located in Murshidabad.
The reforms aimed to address defects in the prior Muslim criminal law system and courts, which were seen as corrupt and imposed severe punishments for petty crimes.
1. Conspiracy can be considered a tort as well as a criminal offense. Under tort law, conspiracy involves an unlawful agreement between two or more persons to harm another or use unlawful means against a claimant.
2. There are three main types of conspiracy under tort: general conspiracy which aims to harm others, conspiracy to injure where the sole purpose is to damage someone, and unlawful means conspiracy which involves using illegal actions against a claimant.
3. While conspiracy under tort is recognized in India, it remains an underdeveloped area of law, and proving conspiracy against a group is challenging if all members cannot be shown to be complicit. Further legal reforms are needed.
Prize courts are national courts established by belligerent states to determine ownership over enemy property seized at sea, such as goods in violation of blockade or contraband rules. While prize courts apply the establishing state's law, they also aim to follow international law. This was demonstrated in the famous British case The Zamora, which established that prize courts are bound by acts of parliament but not orders contradicting international law. Another important case, The Appam, affirmed a neutral American court's jurisdiction to determine violations of its neutrality when a German-seized British ship entered U.S. waters during WWI.
In this PPT various kinds of Writs have been discussed along with the relevant case laws. Also, relevant article such as Art 32 and Art 226 of the Indian Constitution have been explained.
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
The document discusses the sources of Hindu law. It defines sources of law as the basis from which law is evolved and interpreted by courts. Hindu law has evolved over 6000 years through various phases to meet changing needs. The ancient sources of Hindu law are considered most important and include the Vedas as divinely-revealed primary texts, as well as Smritis (remembered texts), commentaries, and customs. The modern sources that have developed include principles of equity and justice, precedents set by cases, and legislation. The Vedas contain sacred knowledge and date back 4000-1000 BC, while early Smritis were composed between 800-200 BC as teaching texts. The most influential Smritis are the Manusmrit
The document outlines the criminal justice system reforms introduced in Bengal in 1790. Key features include:
1) Establishing Circuit Courts that would visit each district twice a year to try criminal cases, assisted by Muslim law officers.
2) Empowering District Magistrates to apprehend, arrest, and impose minor punishments on criminals.
3) Creating a Sadar Foujudari Adlat (High Court of Criminal Justice) in Calcutta to replace the previous court located in Murshidabad.
The reforms aimed to address defects in the prior Muslim criminal law system and courts, which were seen as corrupt and imposed severe punishments for petty crimes.
1. Conspiracy can be considered a tort as well as a criminal offense. Under tort law, conspiracy involves an unlawful agreement between two or more persons to harm another or use unlawful means against a claimant.
2. There are three main types of conspiracy under tort: general conspiracy which aims to harm others, conspiracy to injure where the sole purpose is to damage someone, and unlawful means conspiracy which involves using illegal actions against a claimant.
3. While conspiracy under tort is recognized in India, it remains an underdeveloped area of law, and proving conspiracy against a group is challenging if all members cannot be shown to be complicit. Further legal reforms are needed.
Prize courts are national courts established by belligerent states to determine ownership over enemy property seized at sea, such as goods in violation of blockade or contraband rules. While prize courts apply the establishing state's law, they also aim to follow international law. This was demonstrated in the famous British case The Zamora, which established that prize courts are bound by acts of parliament but not orders contradicting international law. Another important case, The Appam, affirmed a neutral American court's jurisdiction to determine violations of its neutrality when a German-seized British ship entered U.S. waters during WWI.
In this PPT various kinds of Writs have been discussed along with the relevant case laws. Also, relevant article such as Art 32 and Art 226 of the Indian Constitution have been explained.
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
This document discusses the definitions and differences between international law and municipal law. It defines international law as the body of rules considered legally binding by states in their relations with each other. Municipal law refers to the laws applicable within a local government entity. The document also discusses the theories of monism and dualism regarding how international law relates to municipal law, and provides criticisms of each approach.
Hindu jurisprudence developed from ancient Indian jurists and thinkers like Manu, Kautilya, and others who developed legal systems based on Dharma. Dharma encompasses religious, moral, social, and legal duties according to Hindu scriptures. Hindu legal theory, or Dharmasastra, is rooted in Hindu religion and customs. Key sources of Dharma law included the Vedas, Smritis, customs, and self-satisfaction. Important early Dharmasutras that formed the foundation of legal literature included the works of Gautama, Baudhayana, Apastamba, and Vasistha. Later jurists like Manu, Yajnavalkya,
The document discusses Article 21 of the Indian Constitution, which protects the right to life and personal liberty. It outlines key cases that have expanded the scope of this right over time. These include the rights to education, environment, privacy, legal aid, health, and livelihood being read into Article 21. Landmark cases like Maneka Gandhi, Bandhua Mukti Morcha, and Puttaswamy have interpreted life and liberty more broadly and ensured procedural fairness in deprivations of these rights.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
This document defines international law and discusses its main sources. It begins by providing definitions of international law from several jurists. It then distinguishes between the two main kinds of international law: public and private. Public international law regulates relations between states and other entities, while private international law determines which law applies in cases involving foreign elements. The document also discusses whether international law can truly be considered law given its lack of enforcement mechanisms compared to domestic law. Finally, it outlines the six main sources of international law according to the ICJ statute: treaties, customs, general principles of law, judicial decisions, writings of jurists, and other sources.
The document outlines criminal justice reforms introduced in British India in 1790. Key reasons for reform included a defective Muslim criminal law system, corrupt Muslim officers administering justice, and poorly paid officials.
The 1790 plan established new criminal courts, including Courts of the District Magistrate to try petty cases. Circuit Courts were formed to try cases twice yearly. The Sadar Foujudari Adlat court was moved to Calcutta and required to meet weekly, assisted by Muslim law officers. The reforms aimed to improve the weak administration of justice under the Nawab system.
Historical jurisprudence which explain how an act enacted using historical way. The society follows an culture continuously. It will be created to an act by modern day government.
The document discusses the sources of Hindu law including ancient sources like the Vedas, Smritis, digests and commentaries as well as modern sources like judicial decisions and legislation. It then discusses the application of Hindu law to Hindus by religion, birth, or those not following other major religions. Key concepts around Hindu marriage like it being a sacrament, the changes brought by the Hindu Marriage Act of 1955, and conditions for a valid Hindu marriage as per the Act are also summarized.
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
This document appears to be a student project report submitted to Indore Institute of Law. It includes sections typical of a research project such as an acknowledgements section thanking those who provided guidance, a declaration affirming the work as the student's own, and an introduction outlining the topic of a fair trial as protected by the Indian Constitution and international agreements. The body of the document discusses concepts such as the presumption of innocence, rights to counsel, speedy trial, and others that comprise the right to a fair trial under Indian law and international human rights law.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
This document summarizes a student's report on their three-day visit to the Rohini District Court in Delhi. It provides details on the structure and functioning of the court, including descriptions of the different types of courts, courtroom layout, roles of courtroom staff, and the hierarchy of prosecution. It also includes two case studies observed by the student and their personal observations from the visit. The primary purpose was for the criminology student to better understand the criminal justice system by observing the trial process first-hand.
1) Warren Hasting introduced the First Judicial Plan in 1772 as the Governor of Bengal, Bihar and Orissa to reform the administration of justice and revenue collection.
2) The plan established Mofussil Diwani Adalats and Mofussil Faujdari Adalats in each district to handle civil and criminal cases respectively. It divided the territories into districts with an English collector appointed as the judge and administrator of each district.
3) The plan aimed to regulate the judicial system while retaining native laws and traditions as much as possible. However, it concentrated administrative, tax and judicial powers with collectors, leading to issues of corruption.
The document appears to be a project or report on legal ethics from a law student. It includes the following sections:
1. An introduction to legal ethics and its significance.
2. Areas where legal ethics apply, including conflicts of interest, confidentiality, advertising, fees, criminal cases, and globalization.
3. A section on the ethics of the legal profession, including its meaning and need as well as the role of the Bar Council of India in regulating standards.
4. Sections covering professional ethics rules regarding an advocate's duties toward the court, clients, opponents, and other duties.
The document provides a high-level overview of the key topics and considerations around legal ethics for
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
This document discusses sentencing policy in India. It begins by defining the criminal justice system and its goals of punishing criminals, rehabilitating offenders, and supporting victims. It then explains that sentencing occurs after a determination of guilt. The document outlines the differences between sentencing and punishment, and the significance of sentencing policy in ensuring just and proportional punishments. It discusses the goals of sentencing policy in India, the types of sentences, factors considered in sentencing, and the roles and powers of lower courts, high courts, and the Supreme Court in sentencing.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
This document discusses the doctrine of eclipse in Indian constitutional law. It explains that the doctrine emanates from Article 13(1), which states that pre-constitutional laws that are inconsistent with fundamental rights are not completely void, but rather remain in a dormant state and can become operative again if the fundamental right is amended. The doctrine holds that inconsistent pre-constitutional laws are not nullified, but rather remain "hidden" behind fundamental rights. The document provides examples of cases where the doctrine was applied, such as Keshav Madhav Menon v. State of Bombay.
The document discusses key aspects of the Indian constitution including its meaning, preamble, origins, features and separation of powers. It notes that the Indian constitution established a federal system of government with some unitary elements. Key features include a parliamentary democracy, fundamental rights and duties, and a federal structure balanced with a strong central government. The constitution drew from various other systems in its creation to best suit India's needs.
The document summarizes key aspects of the Indian constitution's preamble and philosophy. It discusses how the preamble lays out the constitution's objectives of sovereignty, democracy, justice, liberty, equality and integrity. It notes that the preamble was amended in 1976 to add "socialist" and "secular". It also outlines some of the constitution's salient features, including that it is the world's longest written constitution, draws from various international models, blends rigidity and flexibility, establishes a federal system with a unitary bias, adopts a parliamentary form of government, synthesizes parliamentary sovereignty and judicial supremacy, upholds the rule of law, and establishes an integrated and independent judiciary.
This document discusses the definitions and differences between international law and municipal law. It defines international law as the body of rules considered legally binding by states in their relations with each other. Municipal law refers to the laws applicable within a local government entity. The document also discusses the theories of monism and dualism regarding how international law relates to municipal law, and provides criticisms of each approach.
Hindu jurisprudence developed from ancient Indian jurists and thinkers like Manu, Kautilya, and others who developed legal systems based on Dharma. Dharma encompasses religious, moral, social, and legal duties according to Hindu scriptures. Hindu legal theory, or Dharmasastra, is rooted in Hindu religion and customs. Key sources of Dharma law included the Vedas, Smritis, customs, and self-satisfaction. Important early Dharmasutras that formed the foundation of legal literature included the works of Gautama, Baudhayana, Apastamba, and Vasistha. Later jurists like Manu, Yajnavalkya,
The document discusses Article 21 of the Indian Constitution, which protects the right to life and personal liberty. It outlines key cases that have expanded the scope of this right over time. These include the rights to education, environment, privacy, legal aid, health, and livelihood being read into Article 21. Landmark cases like Maneka Gandhi, Bandhua Mukti Morcha, and Puttaswamy have interpreted life and liberty more broadly and ensured procedural fairness in deprivations of these rights.
In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and Delegated legislation (in U.K. parlance) or regulatory law (in U.S. parlance) (regulations promulgated by executive branch agencies).
This document defines international law and discusses its main sources. It begins by providing definitions of international law from several jurists. It then distinguishes between the two main kinds of international law: public and private. Public international law regulates relations between states and other entities, while private international law determines which law applies in cases involving foreign elements. The document also discusses whether international law can truly be considered law given its lack of enforcement mechanisms compared to domestic law. Finally, it outlines the six main sources of international law according to the ICJ statute: treaties, customs, general principles of law, judicial decisions, writings of jurists, and other sources.
The document outlines criminal justice reforms introduced in British India in 1790. Key reasons for reform included a defective Muslim criminal law system, corrupt Muslim officers administering justice, and poorly paid officials.
The 1790 plan established new criminal courts, including Courts of the District Magistrate to try petty cases. Circuit Courts were formed to try cases twice yearly. The Sadar Foujudari Adlat court was moved to Calcutta and required to meet weekly, assisted by Muslim law officers. The reforms aimed to improve the weak administration of justice under the Nawab system.
Historical jurisprudence which explain how an act enacted using historical way. The society follows an culture continuously. It will be created to an act by modern day government.
The document discusses the sources of Hindu law including ancient sources like the Vedas, Smritis, digests and commentaries as well as modern sources like judicial decisions and legislation. It then discusses the application of Hindu law to Hindus by religion, birth, or those not following other major religions. Key concepts around Hindu marriage like it being a sacrament, the changes brought by the Hindu Marriage Act of 1955, and conditions for a valid Hindu marriage as per the Act are also summarized.
This presentation covers the main pointers to remember while studying the schools of criminology. Compiling together in simple language, I've created a friendly presentation to help you associate the school with its salient features.
*Please open in Microsoft PPT for high definition and best effects :)
This document appears to be a student project report submitted to Indore Institute of Law. It includes sections typical of a research project such as an acknowledgements section thanking those who provided guidance, a declaration affirming the work as the student's own, and an introduction outlining the topic of a fair trial as protected by the Indian Constitution and international agreements. The body of the document discusses concepts such as the presumption of innocence, rights to counsel, speedy trial, and others that comprise the right to a fair trial under Indian law and international human rights law.
The document discusses the right of private defense under Indian law. It notes that sections 96-106 of the Indian Penal Code specify circumstances where private defense is a valid defense against committing an offense. These include defending one's life from harm, or defending against someone who is not fully mentally sound. However, private defense does not apply to acts that do not cause reasonable apprehension of death or injury, or acts done by public servants acting in good faith and under color of their office.
This document summarizes a student's report on their three-day visit to the Rohini District Court in Delhi. It provides details on the structure and functioning of the court, including descriptions of the different types of courts, courtroom layout, roles of courtroom staff, and the hierarchy of prosecution. It also includes two case studies observed by the student and their personal observations from the visit. The primary purpose was for the criminology student to better understand the criminal justice system by observing the trial process first-hand.
1) Warren Hasting introduced the First Judicial Plan in 1772 as the Governor of Bengal, Bihar and Orissa to reform the administration of justice and revenue collection.
2) The plan established Mofussil Diwani Adalats and Mofussil Faujdari Adalats in each district to handle civil and criminal cases respectively. It divided the territories into districts with an English collector appointed as the judge and administrator of each district.
3) The plan aimed to regulate the judicial system while retaining native laws and traditions as much as possible. However, it concentrated administrative, tax and judicial powers with collectors, leading to issues of corruption.
The document appears to be a project or report on legal ethics from a law student. It includes the following sections:
1. An introduction to legal ethics and its significance.
2. Areas where legal ethics apply, including conflicts of interest, confidentiality, advertising, fees, criminal cases, and globalization.
3. A section on the ethics of the legal profession, including its meaning and need as well as the role of the Bar Council of India in regulating standards.
4. Sections covering professional ethics rules regarding an advocate's duties toward the court, clients, opponents, and other duties.
The document provides a high-level overview of the key topics and considerations around legal ethics for
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
This document discusses sentencing policy in India. It begins by defining the criminal justice system and its goals of punishing criminals, rehabilitating offenders, and supporting victims. It then explains that sentencing occurs after a determination of guilt. The document outlines the differences between sentencing and punishment, and the significance of sentencing policy in ensuring just and proportional punishments. It discusses the goals of sentencing policy in India, the types of sentences, factors considered in sentencing, and the roles and powers of lower courts, high courts, and the Supreme Court in sentencing.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
This document discusses the doctrine of eclipse in Indian constitutional law. It explains that the doctrine emanates from Article 13(1), which states that pre-constitutional laws that are inconsistent with fundamental rights are not completely void, but rather remain in a dormant state and can become operative again if the fundamental right is amended. The doctrine holds that inconsistent pre-constitutional laws are not nullified, but rather remain "hidden" behind fundamental rights. The document provides examples of cases where the doctrine was applied, such as Keshav Madhav Menon v. State of Bombay.
The document discusses key aspects of the Indian constitution including its meaning, preamble, origins, features and separation of powers. It notes that the Indian constitution established a federal system of government with some unitary elements. Key features include a parliamentary democracy, fundamental rights and duties, and a federal structure balanced with a strong central government. The constitution drew from various other systems in its creation to best suit India's needs.
The document summarizes key aspects of the Indian constitution's preamble and philosophy. It discusses how the preamble lays out the constitution's objectives of sovereignty, democracy, justice, liberty, equality and integrity. It notes that the preamble was amended in 1976 to add "socialist" and "secular". It also outlines some of the constitution's salient features, including that it is the world's longest written constitution, draws from various international models, blends rigidity and flexibility, establishes a federal system with a unitary bias, adopts a parliamentary form of government, synthesizes parliamentary sovereignty and judicial supremacy, upholds the rule of law, and establishes an integrated and independent judiciary.
The document discusses the Directive Principles of State Policy (DPSP) in the Indian Constitution. It provides definitions and classifications of DPSPs, including that they are non-justiciable rights that guide state policymaking. The document outlines the socialistic, Gandhian, and liberal-intellectual principles and notes criticisms of DPSPs. It also discusses conflicts between DPSPs and fundamental rights, amendments that added new DPSPs, and the importance of DPSPs in governance.
The document discusses the preamble of the Indian constitution. It provides background on how the preamble was drafted and adopted, explaining that it was based on the objective resolution introduced by Nehru. It describes the key elements and objectives outlined in the preamble, including that India is a sovereign, socialist, secular, democratic republic that aims to secure justice, liberty, equality and promote fraternity. It discusses debates around whether the preamble is legally part of the constitution. While an early case held it was not, the Kesavananda Bharati case and later rulings found that it is a part of the constitution that can provide context to interpretation.
The preamble lays out the ideals and objectives of the Indian constitution. It describes India as a sovereign, socialist, secular, democratic republic that aims to secure justice, liberty, equality and promote fraternity for all citizens. The key ideals are sovereignty, socialism, secularism, democracy, republic, justice, equality, dignity of the individual and unity/integrity of the nation. The preamble was amended in 1976 to add socialism, secularism and integrity. It acts as a guide to the constitution and reflects its basic structure and spirit.
This document discusses the concept of constitutional morality in India. It provides background on how the term was first coined by Dr. Ambedkar during the Constituent Assembly debates. It then discusses how the concept has evolved over time, from receiving occasional mentions in court rulings to becoming a well-defined principle applied in landmark cases. The document aims to understand the historical meaning of constitutional morality, analyze how courts have applied it, and examine issues around its inconsistent interpretation. It traces the origins and early understandings of the concept as well as its increasing prominence in recent Indian judicial decisions.
The document provides information about the preamble and key features of the Constitution of India. It discusses that the preamble lays out the objectives and ideals of the constitution, establishing India as a sovereign, socialist, secular, democratic republic. It guarantees justice, liberty, equality and fraternity to all citizens. The document then summarizes some of the fundamental rights guaranteed in the constitution like right to equality, freedom, freedom of religion, and prohibition of exploitation. It also provides context on the drafting process and the father of the Indian constitution, Dr. B.R. Ambedkar.
The document summarizes the key aspects of the Indian constitution, including that it was created by the constituent assembly between 1946-1949, led by important figures who had public credibility. It established a parliamentary democracy, with power distributed across different institutions like the legislature, executive, and judiciary to prevent any one from becoming too powerful. The constitution also drew upon other countries' practices while seeking to protect civil liberties and establish a just society.
Constitution of INDIA and all articles of the ConstitutionHetalPatel681361
The document discusses the key aspects of a constitution including what it is, its importance, and components. A constitution establishes the fundamental rules and principles by which a country is governed, including the distribution of powers between branches of government and guarantees of citizens' rights. India's constitution was drafted over multiple years by a constituent assembly and includes a preamble describing goals of justice, equality and more. It aims to prevent despotism and ensure a balanced government.
Preamble to constitution of India-.pptssuserfb3500
The document provides details about the drafting of the Indian constitution including:
- Dr. B.R. Ambedkar was elected chairman of the Drafting Committee that was tasked with drafting the constitution.
- The Drafting Committee had 7 members including Dr. Ambedkar. One member died and was not replaced, while others were often absent.
- As chairman, Dr. Ambedkar is considered the chief architect and father of the Indian constitution due to his leadership of the drafting process.
- The constitution seeks to establish the framework and structure of government in India, define fundamental rights and duties of citizens, and promote ideals of justice, liberty, equality and unity.
The document provides an overview of the Indian Constitution. It discusses that the Constitution is the supreme law of India, governing all other laws. The Constituent Assembly framed the Constitution over several sessions from 1946 to 1949. Key figures involved in drafting the Constitution included Dr. Sachchidananda Sinha, Dr. Rajendra Prasad, and Dr. Bhimrao Ambedkar. The Constitution came into effect on January 26, 1950, becoming the Republic Day of India.
This video is available in Hindi and English, as well as several other languages. The document discusses the Indian Constitution, including why it was created, how it was drafted, and some of its key principles and features. It notes that the Constitution expresses the fundamental identity and values of the Indian people, provides a framework for governance, and aims to fulfill the aspirations of society. It was drafted by an elected Constituent Assembly over several years and draws from principles developed during India's independence movement.
The document provides an overview of the Constitution of India. It begins with definitions of what a constitution is and why countries need constitutions. It then discusses the history and framing of the Indian Constitution, outlining how it was drafted over several years by the Constituent Assembly. Key elements of the Indian Constitution are explained, including the Preamble, fundamental rights and duties, and the overall structure containing parts, articles, schedules, and amendments. In summary, the document serves as an introductory guide to the history, contents, and essential components of the Constitution of India.
The document discusses the philosophy and ideals of the Indian constitution as reflected in the preamble. It outlines the key aspects of the preamble such as India being a sovereign, socialist, secular and democratic republic that aims to secure justice, liberty, equality and fraternity for its citizens. It also describes some of the salient features of the Indian constitution such as its written nature, fundamental rights, parliamentary democracy, secularism, directive principles and an independent judiciary.
The document discusses the philosophy, ideals, and key features of the Indian Constitution. It begins by outlining the objectives of discussing the Preamble and philosophical foundations of the Constitution. It then explains that the philosophy and ideals are reflected in the Preamble, including that India is a sovereign, socialist, secular, democratic republic and that the Constitution aims to secure justice, liberty, equality, and fraternity for all citizens. Some of the salient features discussed are that India has a written constitution, fundamental rights are guaranteed, and it has a parliamentary system of government.
The document discusses the philosophy and ideals of the Indian constitution as reflected in the preamble. It outlines the key aspects of the preamble such as India being a sovereign, socialist, secular and democratic republic that aims to secure justice, liberty, equality and fraternity for its citizens. It also describes some of the salient features of the Indian constitution such as its written nature, fundamental rights, parliamentary democracy, secularism, directive principles and an independent judiciary.
The document provides an overview of the Constitution of India, including:
- The Constitution was framed by the Constituent Assembly over a period of 2 years, 11 months, and 18 days, with the Assembly meeting for 166 days of deliberations.
- The Assembly adopted and enacted the Constitution on November 26, 1949, which came into effect on January 26, 1950, celebrated as Republic Day in India.
- The Preamble sets out the guiding principles of the Constitution, establishing India as a sovereign, socialist, secular, democratic republic and guaranteeing justice, liberty, equality and fraternity to all citizens.
Indian constitution values and educationThanavathi C
The document discusses constitutional values and education in India. It covers the following key points:
- The preamble to the Indian constitution outlines values of justice, liberty, equality and fraternity.
- The constitution establishes fundamental rights like right to equality, freedom of speech and religion. It also outlines fundamental duties of citizens.
- Directive principles provide the social and economic framework and include principles around equitable wages, education and nutrition.
- The structure of the Indian constitution includes parts, articles, schedules and amendments that cover topics like fundamental rights, duties and directive principles.
The Delhi High Court issued directions on documents that must be filed in trade mark infringement cases. It allowed the legal proceedings certificate for the trademark "VENUS" to be submitted, despite objections that evidence had concluded, subject to a Rs. 50,000 cost. The Court outlined that the legal proceedings certificate, trademark registration certificate, or trademark journal and status report must be submitted initially or prior to trial if the registration is disputed. Parties also cannot deny the registration facts without verification.
TikTok was banned in India due to several incidents where people were injured or died while making videos for the app. However, the ban was lifted after TikTok agreed to implement new safety measures like filtering comments and integrating an anti-bullying system. The Madras High Court allowed TikTok to operate again if it ensured no obscene content was posted. While popular among youth, social media apps can encourage inappropriate, violent or politically divisive content, so greater self-regulation of content is needed from these companies.
This document provides a satirical "step-by-step guide" for crashing an airline business through poor governance and mismanagement. It suggests actions for governments, the airline industry, and airline management to undermine viability, such as keeping airport infrastructure inadequate, overtaxing fuel, reckless expansion, wasteful spending, and prioritizing growth over profits. The guide is not meant as an actual instruction, but rather criticizes policies and decisions that could threaten the sustainability of the aviation industry.
The document concludes by noting that while IP valuation is complex, it is an important factor in a business's success, and there are professional services that can assist with the valuation process.
The Food Safety and Standards Authority of India (FSSAI) has made it mandatory for alcohol manufacturers to include statutory warnings on labels starting April 1st, 2019. The warnings must state that "Consumption of alcohol is injurious to health" and "Don't drink and drive", in a square box font size of at least 3mm. This aims to increase awareness of health risks from alcohol. Many other countries also require health warnings on alcohol labels. However, critics argue the warnings in India could be more effective if they specified health impacts and included images to better convey risks.
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Role of preamble in the interpretation of constitution
1. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 1
NATIONAL LAW INSTITUTE UNIVERSITY
Project report on
ROLE OF PREAMBLE IN THE INTERPRETATION OF CONSTITUTION
X TRIMESTER
Submitted By
Shubham Borkar
2012BALLB43
2. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 2
Acknowledgments :-
I would like to express my sincere thanks to my Teacher for his valuable suggestions &
guidance.
The completion of this project would not have been possible without the magnificent library that
has been provided to the students in the campus itself. Equally important is the wifi connectivity
which runs in the hostels, enabling the students to access the internet at any point of time.
At last, I am again grateful to my teacher Asst Prof. Debashree Sarkar for allowing me to make
a project on ROLE OF PREAMBLE IN THE INTERPRETATION OF CONSTITUTION which
has resulted in an increase of my knowledge of this topic.
3. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 3
Contents
Introduction.......................................................................................................................................4
Objective of Study:.............................................................................................................................4
Research Methodology used- ..........................................................................................................4
Meaning of Preamble .........................................................................................................................4
Object and Scope of Preamble:............................................................................................................5
Is it part of our Constitution or not...................................................................................................6
Interpretational Value of the Preamble............................................................................................7
Preamble as Interpreter of Legislation and statutes: .........................................................................9
As provider of Authority to the Indian Constitution:..........................................................................9
Amendment to The Preamble............................................................................................................10
Conclusion .......................................................................................................................................10
Critical Analysis on the Judicial Pronouncement of The Preamble Of Indian Constitution ......................11
Bibliography.....................................................................................................................................13
4. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 4
Introduction
Afterthe attainmentof independence the peopleof Indiawere lookingforagovernmentof theirownto
fulfillthe aspirationstheyhadcherishedduringthe freedomstruggle. As the leaders had promised that
after the independence India will have a government based on the ideas of democracy and justice, it
was hence,necessarytogive apropershape tothese ideasandideals.[1]1
These were enshrined by the
Constituent Assembly in the Constitution of India
The Constitutionisthe documentationof the foundingfaithsof anationand the fundamental directions
for their fulfillment. So much so, an organic, not pedantic, approach to interpretation, must guide the
judicial process. The healing art of harmonious construction, not the tempting game of hair-splitting
promoters the rhythm of the rule of Law.[2]2
Objective of Study:
In thisprojectreportthere isbrief introductiontothe meaningof preamble,historyof the preambleand
objectandscope of the Preamble. We have discussed the controversial issues like is preamble part of
constitutionornot? Project also covers the judicial interpretation of content of preamble and various
amendments to constitution. There is detail study of interpretational value of preamble i.e. role of
preamble ininterpretationof statutes. We have also compared the preamble of Indian Constitution to
preamble of constitutionof USA and Canada. Project report also contains the importance of preamble.
Research Methodology used-
The research methodology undertaken in this project is Analytical method of research In analytical
research there is depth study and evaluation of available information in an attempt to explain
phenomena. There is analysis of judicial interpretation of Preamble and various controversial issues
related to Preamble.
Meaning of Preamble
Preamble means a preliminary or introductory statement, especially attached to a statute or
constitution setting forth its purpose.[3]3
Preamble is introductory part of the Constitution. The
constitutionof India opens with Preamble. The Preamble to a constitution is expected to embody the
fundamental valueandthe philosophy on which the constitution is based and the aims and objectives
1 Makingof the Constitution: The Preamble and Political Philosophy,URL: http://nos.org317courseEL-
4%20THE%20PREAMBLE%20AND%20POLITICAL%20PHILOSOPHY.pdf
2
Fatehchandv.State of Maharashtra , AIR 1977 SC 1825 at 1827 : 1977 (2) SCR 828 : (1977) 2 SCC670.
3
[4]Berubari Union and Exchange of Enclaves, Re , AIR 1960 SC 845, 856: (1960) 3 SCR 250
5. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 5
whichthe foundingfathersenjoinedthe politytostrive to achieve. Therefore, it is also regarded as the
keyto openthe mindof the makersof the Constitutionwhichmayshow the general purposesfor which
theymade several provisionsinthe Constitution.[4] Forthese reasonsthe Preamble is also a legitimate
aidin the interpretationof the provisionsof the Constitution. It expresses “what we thought or dreamt
for so long”[5]4
. It can be said that the constitution embodies a solemn form of all the ideas and
aspirations for which the country had struggled during the British regime.[6]5
In simple words the
Preamble servesasanintroductiontothe Constitution and highlights in brief the basic ideas for which
the constitutionstandsandwhatthe framesof the Constitutionsoughtouttoachieve forthe citizens of
India.
Object and Scope of Preamble:
The Constitution of India has an elaborate Preamble. The purpose of Preamble is to clarify who has
made the Constitution,what is its source, what are ultimate sanctions behind it; what is the nature of
the polity which is sought to be established by the constitution and what are its goals and objectives?
The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It
outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the
constitution. The preamble to an Act sets out the main objectives which the legislation is intended to
achieve.[12]
Preamble states the objects which our constitution seeks to establish and promote and also aids the
legal interpretation of the constitution where language is found ambiguous.[13] For a proper
appreciation of aims and aspirations embodied in our constitution, therefore, we must turn to the
variousexpressionscontained in the Preamble. Combining the ideals of political, social and economic
democracywiththat of equalityandfraternity,the Preamble seeks to establish what Mahatma Gandhi
described as The India of my dreams[14], namely
“An India, in which the poorest shall feel that it is their country in
whose making an effective voice? an India in which all
communities shall live in perfect harmony”.
-
The Preamble to our Constitution serves several purposes:
a) It contains the enacting clause which brings the Constitution into force.
4
[5]Sir AlladiKrishnaswami- Constituent Assembly Debates. Vol. 10, 417.
5
[6]KeshvanandaBharti v. State of Kerala , AIR 1973 SC 1461
6. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 6
b) It declaresthe greatrightsand freedoms which people of India intended to secure to all its citizens.
c) It declaresthe basictype of government and polity which is sought to be established in the country.
d) It indicates the source from which our Constitution derives its authority.
Preamble indicatesultimate source forthe validityof andthe sanctionbehind the constitution is will of
the people.Thusthe source of the Constitutionare the people themselvesfromwhom the Constitution
derive s its ultimate sanction. This assertion affirms the Republican and Democratic character of the
IndianpolityandSovereigntyof the people. The People of India thus constitute the sovereign political
bodywhoholdthe ultimate powerand who conduct the government of their elected representatives.
As regard the nature of the Indian Polity, the Preamble to the Constitution declares India to be
‘Sovereign Secular Democratic Republic.’ As to the grants objectives and socio-economic goals to
achieve which the Indian Polity has been established, these are stated in the Preamble. These are:
social,economicandpolitical Justice,Liberty of thought,expression, belief, faith and worship; Equality
of status and of opportunity;and to promote among them allFraternity assuring the dignity of the
individual and the unity and integrity of the Nation.
Is it part of our Constitution or not
It has been highly a matter of arguments and discussions in past that whether Preamble should be
treated as a part of constitution or not, that means whether or not a citizen of a nation to which he is
subject to can challenge in the court of law if in case his rights have been infringed which were
mentionedinthe Preamble.Andif not,thenwhetherThe Preamble is merely a preface or introduction
piece of page in the book of our Constitution. And also whether the Preamble is a part of the
Constitutionwoulddepend the resolution of the next question, which follows as a corollary- whether
the Preamble can be amended, if at all.
The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two
leading cases on the subject:
1. Beruberi Case6
2. Kesavananda Bharati case7
Beruberi case was the Presidential Reference “under Article 143(1) of the Constitution of India on the
implementationof the Indo-PakistanAgreementRelating to Beruberi Union and Exchange of Enclaves”
whichcame up for considerationbyabenchconsisting of eight judges headed by the Chief Justice B.P.
6
In Re: Beruberi Union (I), (1960) 3 SCR 250
7
(1973) 4 SCC 225
7. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 7
Singh. Justice Gajendragadkar delivered the unanimous opinion of the Court. The court ruled out that
the Preamble tothe Constitution,containingthe declarationmade bythe people of India in exercise of
their sovereign will, no doubt is “a key to open the mind of the makers” which may show the general
purposesforwhichtheymade the several provisionsinthe Constitutionbutnevertheless the Preamble
is not a part of the Constitution.
KesavanandaBharati[18]case hascreatedhistory.Forthe firsttime,abenchof 13 judges assembledand
sat in its original jurisdiction hearing the writ petition. Thirteen judges placed on record 11 separate
opinions.Tothe extentnecessary for the purpose of the Preamble, it can be safely concluded that the
majority in Kesavanada Bharati case leans in favor of holding,
(i) That the Preamble to the Constitution of India is a apart of Constitution;
(ii) That the Preamble is not a source of power or a source of limitations or prohibitions;
(iii) the Preamble hasasignificantrole toplayinthe interpretationof statutes,alsointhe interpretation
of provisions of the Constitution.
Kesavanada Bharati case is a milestone and also a turning point in the constitutional history of India.
D.G. Palekar,J.heldthatthe Preamble isa part of the Constitution and, therefore, is amendable under
Article 368. He termedsubmissionthat the Fundamental Rights are an elaboration of the Preamble, as
“an overstatementandhalf- truth”.Undoubtedly,the Constitutionis intended to be a vehicle by which
the goals set out are hoped to be reached.
It can be concluded that Preamble is introductory part of our Constitution. Preamble is based on the
Objective Resolution of Nehru. Preamble tells about the nature of state and objects that India has to
achieve.There was acontroversial issue whether Preamble was part of Indian Constitution there were
numberof judicial interpretationbutfinally Kesavanada Bharati case it was held that the Preamble is a
part of the Constitution.
Interpretational Value of the Preamble
Thischapter dealswiththe importance androle of preamble of IndianConstitutionandprovidesforwhy
it is immensely important to have the preamble as it plays numerous roles indicating the source from
whichthe constitutionderivesitsauthority,statesthe objectswhichthe constitution seeks to establish
and promote, acts as a guiding principle in the interpretation of constitution and framing of other
important statutes.
The Preamble of Indian Constitution reflects the basic structure and the spirit of the Constitution. It is
regarded as the preamble serves as a channelizing tool for the interpretation of the constitution as a
whole. The preamble acts as the preface of the constitution of India and lays down the philosophical
ideas. It represents the entire constitution in its written words. It contains the basic structure of the
constitutionandthusconsideredtobe avital part. The preamble is significant because it highlights the
type of society and government it wishes to establish. However, the preamble does not contain laws
8. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 8
enforced in a court but, no law can be enacted or amended in a manner that violates the spirit of the
preamble. Thus the preamble of the constitution of India is un-amendable.
Preamble of Constitution of India is an introductory note to the constitution. It is like summary for our
constitution,regardassoul of it.To understandthe mottoof constitutionPreamble works as a guide so
we can understandhowPreamble isimportant. The Preamble declares four aims in the governance of
India-
Justice- social, economic and political;
Liberty of thoughts, expression, belief, faith and worship;
Equality of status and opportunity; and
Fraternity assuring the dignity of the individual and the unity and integrity of the nation.
Preamble as Projector of ‘Desired Established State’
The Preamble proclaims the solemn resolution of the people of India to constitute India into a
'Sovereignsocialist,seculardemocraticrepublic.The Preamble wasadoptedwiththe constitutionin the
constituent assembly. It came into effect in 1950 along with the constitution. The original draft of the
constitution opened with the words ‘Sovereign Democratic Republic’ in the first line. The words
‘Socialist and Secular’ were inserted by the 42nd amendment in 1976. The same amendment
contributed to the changes of the words unity of the nation into unity and integrity of the nation. The
significance of the preamble of Indianconstitutionliesinthe ‘We the People’. These words emphasizes
that the ultimatelythe powersare vestedinthe handsof the people of India. The expression state that
the constitutionismade byand forthe people of India.In addition to that the preamble also lays down
the essential national goals for every citizen justice, liberty, equality and fraternity.
Accordingto the preamble of the constitution of India, the word Sovereign occupies a vitall role in the
country.It meanssupreme orindependentandembodiesIndiaisinternallyandexternallysovereignand
isfree fromthe control of any foreignpower.Furthermore,the country has a free government which is
directly elected by the people and makes laws that govern the people.
The word Socialist alsohasenormoussignificance asit implies economic and social equality. The word
was added bythe 42nd amendmentact8
,1976 duringthe emergency.Inaddition to that Social equality
identifies the absence of discrimination on the grounds only of caste, colour, creed, sex, religion or
language. Besides, social equality has equal status and opportunities. The preamble also guarantees
secularism. The wordSecularismwasalsoinsertedintothe preamble by the 42nd amendment act 1976.
Secularism implies equality of all religions and religious tolerance and does not identity any state
religion.
8 Fourty-second Amendment Act to the Indian Constitution,1976
9. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 9
The preamble of IndianConstitutionalsoputsforththe words Democratic and Republic. India follows a
Democraticformof government.The people of Indiaelecttheirgovernment at all levels such as Union,
State and local by a systemof universal adult franchise. India is also a Republic, in a country where the
headof the state iselecteddirectlyorindirectly, for a fixed tenure. The president of India is the titular
headof the state.Thus,the preamble playsapivotal role and serves two important purposes including
and indicate to the source from which the constitution derives its authority and stating the objects,
which the Constitution seeks to establish and promote.
Preamble as Interpreter of Legislation and statutes:
The Constitutionof Indiastartswith a preamble which contains the spirit of the constitution and every
legislation framed is in conformity with the spirit of the preamble and thus the constitutionality and
objectsof the statutes are tested. The preamble also bears the aims and objectives that the people of
Indiaseektoestablishwiththe establishmentof IndianConstitution,anylegislationmade is made with
the purpose and in accordance with the objectivity of the preamble itself. So, ‘Preamble is the
Legislation in a nutshell’. It is a preparatory statement. It contains the recitals showing the reason for
enactment of any legislation and prevents the legislation to fall in the arms of ambiguity.
In Kashi Prasad v. State of UP9
the court held that even though the preamble cannot be used to defeat
the provisionsof the legislationitself,butitcan be usedas a vital source inmakingthe interpretation of
the legislation
As provider of Authority to the Indian Constitution:
The preamble tothe constitutionof Indiabeginswith‘We the People of India’, thus conferring that the
authorityof the constitution lies in the people of India, who have themselves led to the enactment of
constitution for their own governance.
The provision of the constitution of India cannot be overridden by the Preamble.
In Re Berubari10
, the Supreme Court held that the Preamble was not a part of the constitution and
therefore it could not be regarded as a source of any substantive power.
In KeshavanandaBharati’scase11
,the Supreme Courtrejectedthe above view andheldthe preamble to
be a part of the constitution.The constitutionmust be read in the light of the preamble. The preamble
couldbe usedfor the amendmentpowerof the parliamentunderArt.368 butbasic elementscannot be
amended. The 42nd Amendment has inserted the words “Secularism, Socialism and Integrity” in the
preamble.
9 AIR 1950 All 732
10 AIR 1960 SC 845,1960 3 SCR 250
11
Kesavananda Bharati vs State Of Kerala, Writ Petition (civil) 135 of 1970
10. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 10
General rules of interpretation of the constitution
1. If the words are clear and unambiguous, they must be given full effect.
2. The constitution must be read as a whole.
3. Principles of Harmonious construction must be applied.
4. The constitution must be interpreted in a broad and liberal sense.
5. The court has to infer the spirit of the constitution from the language.
6. Internal and External aids may be used while interpreting.
7. The Constitution prevails over other statutes.
Amendment to The Preamble
The issue that whether the preamble to the constitution of India can be amended or not was raised
before the Supreme Court in the famous case of Keshavanand Bharti Vs. State of Kerala,1973. The
Supreme Court has held that Preamble is the part of the constitution and it can be amended but,
Parliament cannot amend the basic features of the preamble. The court observed, "The edifice of our
constitutionisbaseduponthe basicelementinthe Preamble.If anyof these elementsare removed the
structure will not survive and it will not be the same constitution and will not be able to maintain its
identity."
The preamble tothe Indianconstitutionwasamended through the 42nd amendment act 1976. And the
wordsSocialist,SecularandIntegritywere addedtothe preamble bythe 42nd amendmentAct, 1976, to
ensure the economic justice and elimination of inequality in income and standard of life. Secularism
impliesequalityof all religionsandreligioustoleranceanddoesnotidentityanystate religion.The word
integrityensuresone of the majoraimsand objectivesof the preamble ensuringthe fraternityandunity
of the state.
Conclusion
The Constitutionof Indiabeginswitha Preamble.The Preamble containsthe ideals,objectivesand basic
principles of the Constitution. The salient features of the Constitution have evolved directly and
indirectly from these objectives which flow from the Preamble.
Preamble isanintroductorystatement,statingthe aimsandobjectivesof the constitution. Accordingly,
the preamble to the Indian constitution spells out the basic philosophy contained in the body of the
Indian Constitution. The Preamble is so important because it highlights the type of society and
11. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 11
governmentitwishestoestablish.The preamble does not contains any law that can be enforced in the
court of lawbutno lawcan be enactedor amendedinamannerthat it violatesthe spirit of Preamble12
.
In conclusion I would like to just say that this is very true that preamble is the basic part of any
documentandit isbut obvioustoour constitutionbecauseitisthe supreme law of our country, but Is it
true that our constitution is so complete and perfect. As we all knows that we have more than 108
amendments in our constitution. So before making any basic structure we have to first finalise the
structure and the provisions of our constitution. And another thing is that if it is the part of our
constitutionorthe basicstructure of itthenwhywe needthese manycasesorjudicial reviewstofinalise
itsexistence.Accordingto me the preamble is the topic which gives its status from the very beginning
when any document, act or provision enacted. It gives the overview of that particular act so we can
easilytake the ideaof whatthe act is all about. In constitution we can say that this plays a very big role
to understand the provisions of the constitution. So if something plays a great role to understand the
provisionof anyact then howthat thingcannot be the part of it,and whatis the other thing which talks
about the preamble as the part of our constitution .this is the only answer to that according to me.
Critical Analysis on the Judicial Pronouncement ofThe Preamble Of
Indian Constitution
A preamble isapreliminarystatementof the reasonswhichhave made the passing of statute desirable
and its position is located immediately after the title and date of issuing the presidential assent. A
preamble is also used to introduce a particular section or group of sections.
Almost every modern constitution inaugurates with a preamble, which it begins with and which
embodies the objectives or basic purposes which it has been adopted.
Apart from the enactment of the preamble of the constitution, the preamble of a statute sets out the
mainobjectiveswhichthe legislationisintendedto achieve. it is a sort of value- ladden introduction to
the statute and manya time,itis very helpful in understanding the policy and legislature. It expresses
“what we had thought or dreamt for so long. The real value of constitution and law would, therefore,
depends on the extent to which the stated objectives of the preamble have been achieved.
The preamble isof considerable legal significance insofar as embodies an enacting clause. It cannot be
resortedasthe basicinconstruingthe variousprovisionsof the constitution,whichare couched in plain
language.The preamble containssome expressionslike justice, liberty, equality, and fraternity portion
of the constitutionconsistsof merelytemporaryprovisionsdesigned to bridge over the transition from
the old constitution to new.
In another words, preamble as such is widely accepted as the quintessence or soul and spirit of a
constitution,asitembodiesthe fundamentalsandthe basicof the constitutionaswell as the vision and
12. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 12
commitmentof a newlyliberatednationorpeople afteritspassingthroughthe inevitablebirthpangs of
national independence from an oppressive and colonial regime.13
Importance of Preamble
The wordingof the Preamble highlightssome of the fundamental valuesandguidingprinciplesonwhich
the Constitutionof Indiaisbased.The Preambleservesasaguidinglightforthe Constitution and judges
interpret the Constitution in its light. In a majority of decisions, the Supreme Court of India has ruled
that neitheritnorany of its contentislegallyenforceable.The Preambleplayspivotalrole whenthereis
ambiguityinprovisionsof anyArticle orinterpretationbecomesconfusing.Thisiswhen the spirit of the
Preamble becomes the guiding factor. The Preamble is stem, root and source of the constitution.
The Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas and
expression it is an unique one. It embodies the spirit of the constitution to build up an independent
nationwhichwill ensure the triumphof justice,liberty, equality and fraternity. One of the members of
the Constituent Assembly, Pundit Thakur Das Bhargav rose to poetic heights when he said, "The
Preamble isthe mostpreciouspartof the Constitution.Itisthe soul of the Constitution.Itis a key to the
Constitution. It is a jewel set in the Constitution."
13 Bhagwati Dan Charan,“The Judicial Pronouncement Of The Preamble Of Indian Constitution”,
www.legalservices.comon 12 October 2012 at 6:00 pm
13. Role of Preamble in Interpretation of Constitution
Interpretation of Statutes Page 13
Bibliography
• Basu, Durga Das, Shorter Constitution of India, Volume 1, Lexis Nexis Butterworths Wadhwa,
Nagpur, 2010.
• Singh, Mahendra P. , Constitution of India., Eastern Book Company Lucknow, 2008.
• Kumar, Narender, Introduction to the Constitutional Law of India, 1st Ed., Allahabad Law Agency,
Allahabad, 2009.
• Oxford Dictionary & Thesaurus, 9th Impression, 2007.
• Majumdar , P.K., & Kataria , R.P, Commentary on the Constitution of India, Volume 1, Orient
Publishing Company, Allahabad, 2009.
• SR Myneni., Political Science for Law Students, Allahabad Law Agency, Allahabad,2006.
• The Constitution Of India, Bare Act, Universal Law Publishing Co. Pvt. Ltd. New Delhi, 2010.
Websites
• http://www.ambedkar.org
• http://www.indiastudychannel.com
• from http://www.indianetzone.com
• http://www.indiankanoon.org
• http://www.legalserviceindia.com
• http://www.mkgandhi.org
• http://parliamentofindia.nic.in
• http://www.preservearticles.com