CONSTITUTION PART 1
What
do you mean by Constitutional Law?
Constitutional Law
means the rule which regulates the structure of the principle organs of the
Government and their relationship to one another, and determines their
principle functions. The rules consist both of legal rules in the strict sense
and of usages, commonly called conversion, which without being enacted are
accepted as binding by all who are concerned in the Government.
Constitution of India
The constitution of
India is perhaps the most comprehensive of all constitution. It contains 395
Original Articles that are divided into 22 Parts and has 12 Schedule.
PREAMBLE
OF THE CONSTITUTION OF INDIA
“WE THE PEOPLE OF
INDIA, having solemnly resolved to constitute India into a SOVERING SOCIALIST
SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
Justice, Social, economic and political;
Liberty of thought,
expression, belief, faith and worship;
Equality of status
and of opportunity; and to promote among them all,
FRATERNITY assuring
the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT
ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND
GIVE TO OURSELVES THIS CONSTITUTION.
Meaning of Preamble:-
The term preamble
means the introduction of the statute. It is the introductory part of the
Constitution.
In re Berubari Union Case, the Supreme
Court observed that the Preamble to the Constitution was “a key to open the mind of the makers and shows the general purposes for
which they made the several provisions in the Constitution”.
Is Preamble a part of
the Constitution?
In an ordinary
Statute, not much importance is given to the Preamble attached to it and it is
not recognized as a part of the statute. It may be because the Preamble is not
enacted and adopted by the Legislature in the same manner as the enacting part
of the Statute. But, all importance has to be attached to the Preamble when
given with a constitution. Dr. D.D. Basu in his book “Commentary on the Constitution of India” holds the view that “a
statute must be read as a whole and a Preamble is as much a part of the statute
as its enacting part”.
The question “Is
Preamble a part of the constitution or not?” has been discussed by the Supreme
Court in two leading case. One Re Beruberi case and another is Kesavananda
Bharti Case.
In Re Beruberi case
the Supreme Court held that no doubt the Preamble is a key to open the mind of
the makers, which may show the general purposes for which they made the several
provisions in the Constitution but nevertheless the Preamble is not a part of
the Constitution.
But in the case of
Kesavananda Bharti vs. State of Kerala,(AIR1973 SC 1461) the Supreme Court laid
down following prepositions –
a.
That the Preamble to the Constitution
Of India is a Part of the Constitution;
b. That
the preamble is not a source of power nor a source of limitation or
prohibition; and
c.
The Preamble has a significant role to
play in the interpretation of statutes, also in the interpretation of
provisions of the Constitution.
The
word we the people indicate that
India is a republican polity which means it shall have no hereditary ruler and
the people shall elect their government. The legislatures will be elected
bodies and the President of the Republic will also be elected.
Can the Preamble to
the Indian Constitution be amended under Article 368 of the Constitution?
It was held in the case of Keshvananda Bharti vs. State of Kerala
that the objectives specified in the Preamble contain the basic structure
of the constitution. The majority held that since Preamble is the Part of the
constitution it can be amended but subject to this condition that the “basic
feature” in the Preamble cannot be amended like secularism is the basic feature
of the constitution. The Court said, “the edifice of our Constitution is based
upon the basic elements mentioned in the Preamble. If any of these elements are
removed the structure will not survive and it will not be the same Constitution
or it cannot maintain its identity.
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