Preview

Role of the preamble in the interpretation of the Indian Constitution

Good Essays
Open Document
Open Document
5815 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Role of the preamble in the interpretation of the Indian Constitution
PROJECT

ON

Role of preamble in the interpretation of the Indian Constitution

CHAPTER I
INTRODUCTION

Constitution is a legal document having a special legal sanctity, which sets out the framework and the principal functions of the organs of the government of a state, and declares the principles governing the operation of those organs. No reading of any constitution can be complete without reading it from the beginning to the end. While the end may expand, or alter, the point of commencement can never change. It is the Preamble wherefrom the constitution commences. Hence, the significance of the Preamble.
The Preamble is the basic structure of the Constitution. It says that the people are the ultimate authority and the Constitution emerges from them. The Preamble emphasizes the unity of Nation and it also defines the objectives of the Indian Republic. It is no exaggeration to say that the Preamble to the constitution of India is its spirit and backbone. It is the soul of the Constitution and is a precious part of the Constitution. Ever since the day it was adopted by the Constituent Assembly it has enabled the Constitution to stand erect- neither bending nor breaking.
This work deals with the role of the Preamble and its interpretational value. The research also handles the varied aspects of the Preamble in a precise and structured manner. A separate chapter deals with the words and phrases used in the Preamble. An authoritative interpretation of the keywords which occur in the Preamble is given, supported by views by citing court cases wherever required.

STATEMENT OF PROBLEM

The Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfillment. It is that body of doctrines and practices which form basis for organizing a state. Generally, constitutions all over the world have a preamble. A preamble describes the philosophy of the



References: 4. Kesavananda v. State of Kerela , AIR 1973 SC 1461 (paras. 902, 1168, 1316) – 13 Judges 5 6. Steel Authority Of India Ltd. & ... vs National Union Water Front ... on 30 August, 2001 SITES REFFERED:

You May Also Find These Documents Helpful

  • Good Essays

    The United States Constitution is an extremely valuable document .The constitution assisted in creating our modern day United States; The constitution assisted in establishing our administration giving inhabitants privileges and liberty. The Constitution was put in place to give citizens a voice on how the country should be run and to establish laws and principles. There were five manuscripts that were very important in establishing the constitution, (A)The Magna Carta,1215 (B) The Mayflower Compact 1620, (c) The Declaration of Independence 1776, and (D) The Articles of confederation 1777 and (E) The Federalists Papers 1787-1788. The first document was the Magna Carta.…

    • 818 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Constitution is “a document designed to protect our freedom by imposing law on those who wield political power” (By Imposing Law on the Law-givers). It is the Supreme Law of the United States. The constitution consists of seven articles and has been amended twenty-seven times. The Constitution was signed by many delegates at the 1787 Constitutional Convention, one of them being Benjamin Franklin. Franklin played an important role in the founding of the Constitution and in the creation of our country as we see it today.…

    • 388 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The United States Constitution declares the Amendments that of which apply to anyone that is present in the United States, citizen or a non-citizen. The preamble, or an introduction given to the people, by the founding fathers of the United States was meant to lay an outline for the Amendments. One can interpret the preamble as a reason why the Amendments exist and why they are still being commonly used in the United States. The Amendments are also known as the Bill of Rights, which serve as a guide of basic…

    • 1030 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    The Preamble was written for the well being of out country. The Preamble tells you what is given to us that helps make our place of living better. All parts of the Preamble are very important. Although some are more important than others. The Preamble does not just say these are for only certain people, like the rich and wealthy, but for all people Securing the Blessing of Liberty to ourselves and our Posterity is one of the most important items in the Preamble.…

    • 190 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The United States Constitution was created to be an outline for the American government by the founding fathers. However, it can be very complicated. On many occasions, it has influenced the United States as well as the society of America. Two constitutional principles are the Bill of Rights and Checks and Balances.…

    • 461 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Elastic Clause

    • 1009 Words
    • 5 Pages

    A constitution is defined as a basic set of laws and principles establishing a nation’s government. The Constitution of the United States was written by many well-respected men, included several of America’s founding fathers, such as George Washington, Roger Sherman, Alexander Hamilton, Benjamin Franklin, and James Madison, Jr. According to Madison, the main function of the Constitution involves “helping government promote the public good.” Since constructed, the Constitution has been called a living document that remains flexible and allows the government to adapt to face new obstacles and changing times. A vital part of the Constitution displays the necessary and…

    • 1009 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The most important choice made by the creators of the us constitution was the preamble. It lists the six goals of the constitution. The preamble describes the government set up by the constitution. It has consequences too. The most important choice was the preamble.The preamble lists six goals of the constitution.”They are to, form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty”. They all have very important meanings. The preamble describes how the government is set up by the constitution. The book says that americans expect the government to protect justice and liberty and to…

    • 527 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Flowers for Algernon

    • 2204 Words
    • 8 Pages

    -The Constitution combines a strong framework for government with flexibility. This combination makes it a living document. It keeps its basic nature, but it changing with the times.…

    • 2204 Words
    • 8 Pages
    Good Essays
  • Good Essays

    The underlying ideals of the Preamble are to create a just government, ensure peace by providing adequate defense which result in a healthy, free nation.…

    • 1779 Words
    • 8 Pages
    Good Essays
  • Good Essays

    In 1787 our founding fathers created the Constitution of the United States. It took lots of compromising, convincing, but in the end they created a new form of government. One compromise was that the Constitution needed a list of rights that were given to American citizens and could never be changed. This list was called the Bill of Rights. The introductory statement to the Constitution was called the preamble. The preamble summarized everything the Constitution would be explaining the purpose of the Constitution and its guidelines.…

    • 557 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Preamble Goals

    • 1128 Words
    • 5 Pages

    The Preamble is the opening statement to the United States Constitution. The preamble explains the reasons why the Constitution made our government a republic. In the preamble of the constitution it list 6 goals that our government was based on. The 6 basic points that the preamble hits is, to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. I believe the three main goals are to establishing justice, common defence, and general welfare. If one looks deep into our government today they would be able to see theses three things included into how it runes.…

    • 1128 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The Preamble to the Constitution is saying that the people in America need to unite to have peace, and to defend and provide common defense. To have peace in our nation for us and our generations to come. We must respect and follow the laws. We need to help the people in need.…

    • 166 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The United States Constitution is the frame that holds the individual states together. It is the most amazing political document ever written and has lasted for more than 200 years. Even though there were provisions for change written into it, the Constitution has been a role model for almost every country that desires to have a firm Democratic system based on the rule of law. The United States Constitution is a healthy document which still serves our nation exceptionally well and does not need drastic change or revision.…

    • 524 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In 1787, the United States of America was beginning to little by little form a whole nation. The Constitution serves as a foundation to our country, it guides the government and U.S. citizens. The Constitution must be followed in order to maintain the right of the citizens and in order to not create a destructive government. The constitution contains various articles and provisions that are significant since some of them state the powers of the government and the duties of the people. Constitutionally, Congress is assigned numerous responsibilities as well as the president is.…

    • 1475 Words
    • 6 Pages
    Good Essays
  • Good Essays

    In 1787 the United States Constitution was written to establish goals and rights of the American people. Two years later the Bill of Rights was published with the personal liberties of colonists. These articles were written with good intentions, but even today are taken out of context, twisted, and ignored.…

    • 526 Words
    • 3 Pages
    Good Essays