“Preamble of the Constitution is part and Parcel of the Constitution” DO you agree? Support your answer with appropriate case laws.
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| “Preamble of the Constitution is part and Parcel of the Constitution” DO you agree? Support your answer with appropriate case laws. |
Que: “Preamble of the Constitution is part and Parcel of the Constitution” DO you agree? Support your answer with appropriate case laws.
Ans:
A] Introduction:
The Preamble of the Indian Constitution is a concise yet profound statement that captures the essence of the nation's aspirations, ideals, and objectives. It serves as the guiding light for the Constitution and reflects the collective vision of the framers. This article explores the assertion that the Preamble is an integral and inseparable part of the Constitution, drawing from relevant case laws, in-depth analyses of criminal and civil law contexts, and an exploration of unique perspectives that shed light on the Preamble's significance.
B] The Preamble's Integral Nature:
1.Reflecting the Constituent Assembly's Intent: The Preamble represents the foundational values that the framers intended to shape the Constitution. It articulates the core principles of justice, liberty, equality, and fraternity.
2.Fostering Constitutional Interpretation: Courts have often relied on the Preamble as a tool for interpreting ambiguous provisions in the Constitution, elucidating the spirit and intent behind those provisions.
3.Shaping Constitutional Identity: The Preamble provides the moral and philosophical framework that defines the Constitution's identity and character.
C] The Preamble's Status as a Part of the Constitution:
1.Berubari Union and Exchange of Enclaves (1960): In this case, the Supreme Court categorically affirmed that the Preamble is a part of the Constitution. Justice Subba Rao held that the Preamble is not a mere embellishment but an integral part that reflects the Constitution's aspirations.
2.Kesavananda Bharati v. State of Kerala (1973): This landmark case reiterated the view that the Preamble is an essential component of the Constitution. The majority held that the Preamble can be referred to while determining the Constitution's basic structure.
D] Relevance in Criminal Law:
1.Fundamental Rights and Social Justice: The Preamble's emphasis on justice and equality finds resonance in criminal law, ensuring that fundamental rights are upheld and justice is accessible to all.
2.Right to Life and Personal Liberty: Article 21, a cornerstone of criminal law, is deeply connected to the Preamble's principle of ensuring the dignity of the individual.
E] Relevance in Civil Law:
1.Equality and Anti-Discrimination: The Preamble's commitment to equality informs civil laws that prohibit discrimination based on caste, religion, gender, and other attributes.
2.Directive Principles and Social Justice: The Preamble's vision of a just and equitable society aligns with Directive Principles that mandate policies promoting social and economic welfare.
F] Unique Perspectives on the Preamble:
1.Moral Compass for Governance: The Preamble serves as a moral compass, guiding lawmakers, policymakers, and institutions to act in alignment with the Constitution's principles.
2.Upholding Democratic Values: The Preamble's values of democracy and rule of law provide a foundation for ensuring governmental accountability and transparency.
G] Case Laws Illustrating the Preamble's Integral Nature:
1.S.R. Bommai v. Union of India (1994): The Preamble was invoked to uphold the secular character of the Constitution and prevent undue interference in state governments.
2.Union of India v. Raghubir Singh (1989): The court cited the Preamble while discussing the fundamental right to equality and its implications on property rights.
H] Conclusion:
The Preamble of the Indian Constitution is unequivocally an integral part of the nation's supreme legal framework. Its role in reflecting constitutional intent, fostering interpretation, and shaping constitutional identity is undeniable. Through case laws like Berubari Union and Kesavananda Bharati, the courts have solidified its status as an inseparable component of the Constitution. This transcends both criminal and civil law, influencing the interpretation of fundamental rights, social justice, and equitable governance. As India continues its journey towards a more just and egalitarian society, the Preamble's enduring significance will guide the nation's pursuit of its constitutional ideals.
References:
- Berubari Union and Exchange of Enclaves (1960) SCR 250.
- Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225.
- S.R. Bommai v. Union of India (1994) 3 SCC 1.
- Union of India v. Raghubir Singh (1989) 2 SCC 754.
Thank you for reading!
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Constitutional Law of India
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