Socialisim

Only available on StudyMode
  • Download(s) : 22
  • Published : February 27, 2013
Open Document
Text Preview
INTRODUCTION
The constitution of a country will be in the nature of a statute emanating directly from the inherent authority of the people themselves binding all the institutions organs of government and all sections of the society to its principles and provisions as it is the fundamental law of the land. It defines the political philosophy of our people and their socio economic ideals and aspirations. In B R Kapur v. state of Tamil Nadu constitution is a document having special legal sanctity which set out the framework and principal function of the organs of the government within the state and declares the principal by which that organ must operate. Constitution of India is an admiral document preferred with a lofty preamble which provides for a clue to clear understanding of the spirit of nations the social political and economic philosophy that pervades the various provisions of the constitution. In another word preamble as such is widely accepted as the soul and spirit of the constitution. As it embodies the fundamental and basics of the constitution as well as vision and commitment of newly liberated nation or people. In the case of many liberated country, the framing of the constitution and its preamble had been completed within the shortest possible span of time whereas in case of India the entire exercise that started since 1946 met the formal culmination on 26 Jan 1950. As Granville Austin has closely examined the framing of the constitution he said that consensus and accommodation had been the major deliberatively mechanism in the constituent assembly.

DEFINITION OF THE TERM PREAMBLE
The dictionary meaning of preamble is it is the opening statement explaining the purpose of the books, documents, lectures etc. that follows. A preamble of a statute is a preliminary statement of the reasons which have made the passing of the statute desirable and its position is located immediately after the title. In Nandini Sunder and ors v. State of Chhattisgarh it was held that a preamble means a clause at the beginning of a constitution or statute explanatory of the reasons for its enactment and the objectives sought to be accomplished. In Sreedhar Kumar union of India it was held that preamble is a declaration made by the legislature of the reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the statute to which it is prefixed. It is undoubtedly a part of the Act and may be used to explain it. Socialism – An Ideology of Academic Interest

The concept of socialism as an ideology has attracted the attention of academicians, politicians, jurists and all other a like uniformity because of four reasons. One is its multifariousness that does not allow itself to be fit into any straight jacket of exposition and thus offers itself as a fertile ground for intellectual debates to crop up eternally. The second is the collapse of USSR that has kindled the debate to the extreme extent of concluding that collapse of soviet Russia amounts to death of socialism in the world. The third is, the onset of globalization that has given a set back to the socialist values and rendered the socialist organizational structure redundant and replacing them with capitalist structure. The fourth is the collapse of capitalism in America that compelled international community to look back upon dangers caused by structural reforms introduced by way of liberalization, privatization and globalization and evolve market socialism as a panacea for ills of unbridled capitalism. This is called spiral flow of counter ideologies. Every ideology thus contains certain inherent weakness which gives room for its counter ideologies to intervene and declare its superiority and infallibility. Capitalist exploitation spur socialist reaction and deficiency in socialist organization spur capitalist expansion. Indiscriminate capitalism once again propels socialism but of a different face. Thus ideological...
tracking img