Published April 15, 2021 | Version Special Issue April 2021
Journal article Open

Re-Examining the Foundational Role of Preamble in Indian Constitution

  • 1. Associate Professor & Head, Department of Law, J.V. Jain College, Saharanpur (Uttar Pradesh)
  • 2. Associate Professor, Department of Law, J.V. Jain College, Saharanpur (Uttar Pradesh)

Description

The place of Preamble in the Constitution of a country is highly important so far as the ideals, aspirations and aims of its people are concerned. Preamble being a preliminary statement implies so many connotations depicting not only socio-cultural and political characteristics of a State, but it also connotes the basic ideals which a state aspires to attain, as well as it contains the enacting statement or clause that whence the Constitution comes into force. Indian Constitution too has a very potential Preamble pregnant with multifarious meanings, connotations and implications, which no other country has. As a preliminary statement to a statute or to the Constitution, Preamble holds the fundamental value. Preamble of the Indian Constitution contains certain foundational features that characterize what an independent democratic country is all about; namely, the political nature of the State and the form of government it is going to have. Preamble quite clearly announces the source of authority that renders this constitution, or in other words where the sovereignty resides which is very manifest with these opening words, “We, the people of India...........” Therefore, for running the country certain other ideals, aims are required to be enshrined. These aims or ideals are in trinity i.e. Justice, Equality, Liberty and Fraternity make it more lucrative for a young democratic and multi-lingual and multi-religious country. Therefore, a simple reading of the Preamble of the Constitution of India make it clear enough that the apex judiciary is bound by the underlying philosophy enshrined in the Preamble of our Constitution. Today we are living in an open market economy where even governments are interested in disinvestments, selling its shares to private companies, and let’s hope and see that our poor people should not suffer due to this globalization of economic order and preambular words always serve as a reminder for the present Governments to make a balanced approach by which all segments of multi cultural India reap the democratic dividends in equal measure.

Notes

Special Issue Apr 2021

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