Skip to main content

The Preamble and it's Importance - By Isha

 The Preamble and it’s Importance – By Isha


  1. The “Objective Resolution”, proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble to the Constitution of India. The Preamble is an introduction to the Constitution of India. It is a key to the minds of the makers of the Constitution. The significance of the Preamble lies in the fact that it tells us about the three things i.e. ultimate source of authority, form of government and form of state, and the objectives to be attained.

  2. Preamble declares that sovereignty lies ultimately with the people of India. The Preamble declares that it is the people of India who had enacted, adopted and given the Constitution to themselves. It is the people of India who are ruled and ruling, who are elected and electing.

  3. The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. Sovereign means we are independent in our internal and external affairs. We are not subjected to any outside power. The word socialism in the Indian context means removal of inequalities and discriminations, equal distribution of resources, equal access to public places and public offices. There shall be no discrimination on the basis of caste, class, religion, race, colour, creed, sex or place of birth. The aim of socialism in the Indian context is to remove poverty, illiteracy, ignorance and unemployment. The Constitution of India declares India to be a secular state in its Preamble through the word Secularism which was not there in the Preamble at the outset. It was later on incorporated through 42nd Amendment Act, 1976. The word secularism means that the state has no religion of its own. The state which has its own religion is known as theocracy. Unlike that, India is a secular state which means it neither favours nor disfavours any religion. It is neither religious nor irreligious nor anti religious, nor pro religious. Democracy means the government of the people, by the people, for the people. But nowadays the democracy has been hijacked by the muscle power, money power and mafia power. Republic means head of the Indian State is not hereditary as compared to the head of the British monarchy. Rather it is elected though indirectly. 

  4. The Preamble declares certain objectives to be achieved i.e. justice, liberty, equality and fraternity.

  5. As the Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution.

  6. The Constitution (42nd Amendment Act) 1976 amended the Preamble and added the words Socialist, Secular and integrity to the Preamble.

  7. The Preamble is non justiciable in nature. But it has been declared as part of the Indian Constitution by the Supreme Court in Keshvananda Bharti Case.

  8. It can neither provide substantive power ( definite and real power) to the three organs of the state, nor limit their powers under the provisions of the Constitution.

  9. The Preamble cannot override the specific provisionas of the Constitution.

  10. In case of any conflict between the two, the later shall prevail.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...