The Indian Constitution in its Preamble[1] presents as under According to Preamble of the Constitution, India is a Sovereign, Socialist, Secular democratic country to empower the citizens.
Introduction
The Indian Constitution in its Preamble[1] presents as under According to Preamble of the Constitution, India is a Sovereign, Socialist, Secular democratic country to empower the citizens of India the following:
- Social,
- economic and
- political justice;
- Freedom/liberty in idea,
- voicing opinions,
- faith, and
- devotion;
- Equal status and opportunity to everyone;
And to develop amongst them all fraternity promising the dignity of the individual and the unity and integrity of the Nation. The preamble sets out policies that lead the people of our country, present the doctrines of our Constitution, and inserts out principles of the Indian Constitution. The Indian Constitution was approved on November 26th, 1949, [2]and consequently revised by the 42nd Constitutional Amendment, 1976. The amendment so addressed imported India into a Sovereign, Socialist, Secular, and Democratic Republic. The preamble of our Constitution ensures justice, liberty, equality for residents of India, and supports fraternity amongst the characters of our nation. The Preamble of the Constitution of India reveals the fundamental structure and the nature of the Constitution. The preamble serves as a channelizing tool for the construction of the terms of the constitution.
The preamble of the Constitution acts as the face of the Indian Constitution. The Preamble gives the following objectives for the governance of India-
- Justice including social,
- economic and political justice;
- Freedom of thoughts, expression, belief, faith, and worship;
- Equality of status and opportunity;
- And Fraternity ensuring importance to each individual and the uniqueness and honor of the country.
The Apex Court in the case of Kashi Prasad v. the State of U.P [3]noted that even though the preamble cannot be applied to take the provisions of the legislation itself, but it can be practiced as a significant source for an understanding of the legislation.
Meaning and Concept
The ‘Preamble’ of every legislation provides the foundation of law. It is also handled to begin a special section of a statute or a special group of sections of a statute. The word Preamble has been described in multiple references. A Preamble is a declaration made by the authority providing the ideas for passing a selective statute. It is useful in understanding any lack of confidence within the statute to which it is prefixed.
The Preamble of the Indian Constitution was originally sketched by Sh. B. N. Rau through a memorandum dated May 30, 1947. It was consequently represented in the Draft of October 7, 1947.
Scope of the Preamble
The Preamble gives direction and states the goal for which the Constitution of India is framed. It does not give any authorization, but it encapsulates the primary purposes of the Constitution. The Preamble normally sets out the main purpose which special legislation it aims to achieve. The whole purpose of the preamble is to create and present particular facts that need to be told and interpreted to surmise the basic objective and scope of a statute.
The Preamble of our Constitution defines all features of kindness and understanding as it is needed by human beings to endure with pride and honor. The bench of the Supreme Court in the case of A.K Gopalan v. the State of Madras [4]judged that the term ‘law’ as used in Article 21 [5]relates to state-established law and not fundamental justice. It was besides noted that this definition of the language of Article 21 could not be changed regarding the preamble. The controversy before the Court was that the preamble to Indian constitution which attempts to give India a democratic constitution should be a heavy factor in its analysis. It was further disputed that any law made under Article 21 of the Constitution should be regarded as void if it provokes the laws of natural justice and the fundamental rights to life and individual liberty would have no protection.
In the case of the Berubari Union case [6]the Hon’ble Supreme Court mentioned that the preamble can nevermore be observed as the source of any sovereign power presented on the government or any of its branches. The Hon’ble court further noted that “what is true regarding the rules is equally true about the prohibitions and conditions”. The Supreme Court additionally mentioned that the preamble has restricted applicability and the help of Preamble should not be used if the language of the terms in the constitution is cleared.
Political justice
Preamble constitutes an essential part of the Constitution of India and supports in understanding the provisions of the Indian Constitution. Political justice relates to the application of the judicial means for the direction of obtaining or restricting political power or control. It may complete or settle political or military activity, or it may be a replacement for such action. Political justice normally includes the courts, which may be requested either by public officials or, in those communities which authorize open fight for political power, by private people. The party requesting the judiciary arm must perform its requirements in a form sensitive to the legal purpose. This party’s assertions concerning facts necessity are open to incrimination and proof under the particular legal system concerned. These allegations may compare to intrinsically political acts or to common violations in which the criminal is loaded with a political motive, for example, bank robbery to finance unusual activity. Those producing the case may reap promotion gains from the political stature of a person involved in crimes of a nonpolitical and even specialized nature, for example, violation of international exchange regulations. The traditional political offense is that of trying to get or to destroy a position of political power by acts inconsistent with the rules of the existing political system. The state may determine the offense in such all-embracing words as those determining the early Roman perduellio– “animated by a spirit hostile to the commonweal. This aggression simply consisted of whatever the tribuni plebis were ready to put over on the people as perduellio. Modern equivalents are different forms of the crime of “endangering the protection of the state.” This type of emergency grant may, of course, be polished into any number of ad hoc statutes. The preamble of the constitution of India declares to settle to all its citizens political, economic, and social justice. Social justice involves the abolition of all sorts of inequities which may occur from the variations of wealth, chance, status, race, religion, caste, title, and the like. To accomplish this ideal of social justice, the constitution provides the directives for the state in Part IV of the constitution. Political justice involves the nonexistence of any foolish or dictatorial superiority among men in political affairs. The constitution has embraced the practice of general adult suffrage, to acquire political justice.
The word ‘justice’ is the corresponding reconcilement of individual treatment with the overall welfare of the nation. An act or behavior of a person is said to be just if it improves the common well-being of the society. Therefore, the achievement of the common good as detected from the good of people is the basis of justice. Justice is supposed to be the main goal of the benefit of the state and its very survival stops on the parameters of justice.[i]
[1] The preamble to the Constitution of India is a brief introductory statement that sets out guidelines, which guide the people of the nation, and to present the principles of the Constitution, and to indicate the source from which the document derives its authority, and meaning. The hopes and aspirations of the people are described in it. The preamble can be rch highlights the entire Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic day in India.
[2]Source link..
[3] Equivalent citations: AIR 1967 All 173, (1967) IILLJ 588 All
[4] Equivalent citations: 1950 AIR 27, 1950 SCR 88
[5] 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
[6] Equivalent citations: AIR 1960 SC 845, 1960 3 SCR 250
[i] Source link.
