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Understanding the Significance of the Preamble in India's Constitutional Law, Lecture notes of Constitutional Law

An insight into the importance of the preamble in india's constitutional law. It explains the role of the preamble as an introduction to the constitution, a statement of its objectives, and a reflection of the country's ideals. The document also discusses the terms used in the preamble, including the concept of sovereignty and socialism, and their implications for indian law. Students of constitutional law will find this document useful for gaining a deeper understanding of the preamble and its significance in the indian legal system.

Typology: Lecture notes

2021/2022

Uploaded on 06/16/2022

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CONSTITUTIONAL LAW
[31/08/2021 | TUESDAY]
THE PREAMBLE
- Intro to const.
- Sets out the objectives and principles of the const.
- Embodies the ideals and aspirations for which the
country struggled during the British regime
- Re Berubari case- The Preamble is the key to open the
mind of the makers and shows the general purpose for
which they made the provisions in the Const.
- Ideals behind the Preamble to India’s Const. were
laid down by Jawaharlal Nehru’s Objectives
Resolution, adopted by the Constituent Assembly on
Jan 22, 1947
- Most detailed preamble- Preamble of South Africa
PURPOSE OF PREAMBLE
- Gives us a gist of the Const.
- Indicates the source of the Const.
- Nature of the Indian State
- A statement of the Const.’s objectives
- Date of its adoption
TERMS IN THE PREAMBLE
- Sovereign:
Means that India has its own independent authority
and its not a dominion of any other external
power.
The legislature has the power to make the laws
which is subjected to certain limitations.
Sovereignty means that that particular nation has
the power to control its own internal affairs and
manage some external affairs.
- Socialist:
Term added to Preamble by 42nd Amendment, 1976
Means the achievement of socialist ends through
democratic means
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CONSTITUTIONAL LAW

[31/08/2021 | TUESDAY]

THE PREAMBLE

  • Intro to const.
  • Sets out the objectives and principles of the const.
  • Embodies the ideals and aspirations for which the country struggled during the British regime
  • Re Berubari case- The Preamble is the key to open the mind of the makers and shows the general purpose for which they made the provisions in the Const.
  • Ideals behind the Preamble to India’s Const. were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on Jan 22, 1947
  • Most detailed preamble- Preamble of South Africa PURPOSE OF PREAMBLE
  • Gives us a gist of the Const.
  • Indicates the source of the Const.
  • Nature of the Indian State
  • A statement of the Const.’s objectives
  • Date of its adoption TERMS IN THE PREAMBLE
  • Sovereign:  Means that India has its own independent authority and its not a dominion of any other external power.  The legislature has the power to make the laws which is subjected to certain limitations.  Sovereignty means that that particular nation has the power to control its own internal affairs and manage some external affairs.
  • Socialist:  Term added to Preamble by 42 nd^ Amendment, 1976  Means the achievement of socialist ends through democratic means

 ‘Democratic Socialism’ that holds faith in mixed economy where both public and private sectors co- exist side by side.  42 nd^ Amendment Act, 1976 & The Preamble (i) Inserted Socialism, Secularism and Integrity (ii) Socialism – Excel Wear v Union of India  Effect of Socialist in the Preamble (i) Might enable the courts to lean more in the favour of nationalisation and State Ownership of an industry (ii) Principles of Socialism cannot be pushed to an extent wherein the interests of Private owners ignored  DS Nakara v Union of India- Basic framework of socialism is to provide decent standard of life to ppl and provide security. Envisages economic equality and equitable distribution of income  Blend of Marxism & Gandhism leaning heavily towards Gandhian Socialism