The preamble is not a mere solemn resolution; but majestic expression of philosophy, principles and purpose of the constitution. Elaborate.
Main Body
The Preamble is a reflection of the founding father's vision for the Indian polity. It was enacted after the constitution, and serves as a mirror to the minds of Constitution makers.
The Preamble ensures the following ideals as an integral part of India -
It also suggests that India is a democratic, socialist, secular, sovereign, republican state.
The ideals reflect the philosophy of the constitution, art and indicate the spirit and purpose behind various constitutional provisions.
SC in the Kesari Nande Bhatt case, and LIC of India case, said that Preamble is an integral part of Constitution.
Some people see comment on it as a mere resolution, as -
However, the SC has said that the philosophy in the Preamble can be used as a guiding light while interpreting constitutional provisions.
The amendment of Preamble by 42nd Constitution Amendment Act shows the importance of Preamble in affecting India's ideals.
Democratic - India believes in people will take decision without foreign interference.
Sovereign - all decisions on taken without foreign interference.
Socialist - that India should be a welfare state where all religions are to be respected.
Secular - where all religions are to be respected.
Republic - that the head of India is not hereditary, and there is no special class.
Conclusion
The Doctrine should be used by the court only after a proper understanding of the religion faith, facilitated by consultation from religious experts, and the best practices worldwide should be taken into account.
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Page 5
GAURAV OJHA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Preamble
Philosophy and Purpose of the Preamble
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analytical
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