SALIENT ....CONSTITUTION (PREAMBLE)

SALIENT ....CONSTITUTION (PREAMBLE)

Introduction

1. introduction or preface
2. explain aim and objective of law written in technical language
3. presence or absence of preamble don't make any differences
4. part of constitution
1. Berubari judgement, 1960: preamble not part of constitution. followed US principle
2. Keshwananda Bharti case 1973: preamble is 'integral part' of constitution. ideals in preamble contain basic structure of constitution
3. change?
1. preamble brought by assembly as part of constitution
5. amendment to preamble
1. art 368: describes procedure of amendment provision of constitution
1. preamble is part, not provision
2. Keshwananda case: even then can be amended
6. why part of constitution?
1. creative interpretation of SC
2. preamble in US walks before constitution, preamble in india walks along the constitution
3. preamble was passed in the last to maintain harmony in constitutional provisions and preamble
4. since inconsistency may emerge due to amendment, preamble can be amended
7. relevance of Preamble in interpretation
1. AK Gopalan case, 1950
1. provisions of constitution had to be interpreted in the light of preamble
2. in case of ambiguity, preamble can be used to understand the mind of assembly
2. berubari case
1. preamble is key to unlock mind of constituent assembly
2. important where there is lack of clarity
3. Keshwananda Bharti case
1. constitution to be interpreted in the grand vision of preamble

Nature of state in preamble

1. india is sovereign, socialist, secular, democratic republic
2. the ultimate idea is 
1. to safeguard unity and integrity of the nation
2. to safeguard human dignity
3. society based on justice: social, economic and political
1. provide liberty, equality to every citizen and non-citizen irrespective of caste, colour, sex, place of birth, religion
4. secular state distinguishes it with Pakistan state

 

Views

1. Subhash Kashyap: constitution of India is very unique document. it can't be fitted in any particular mould or model. it is bled of rigid and flexible, federal and unitary, presidential and parliamentary.
2. NA Palkhivala: constitution has not failed the people but the chosen representatives have failed the constitution
3. Paul Brass: India is democracy only in conventional manner
4. Democracy in India
1. the survey by Economist Intelligence Unit
2. report- the state of democracy in world 2018
3. india down from 27 to 42 in 4 years
4. major reason for the drop is conservative religious ideologies.