Explain the Preamble as the mirror that reflects the mission and vision of Constitution makers.
Main Body
As per N.K. Palkhiwala, a Constitutional expert, Preamble is the 'identity Card of Indian Constitution.' Preamble reflects vision & mission for it shows what India aspires to achieve. Mission & Vision: (1) Nature: Sovereign, Socialist, Secular, democratic, republic. (2) Liberty: of thought, expression (Article 19), belief & faith & worship (Article 25-28). (3) Justice: Social No distinction based on caste, sex, religion, etc (eg: Articles 15, 17) [Economic]: Elimination of inequality in wealth & income (eg: DSP) [Political]: All have equal access to political office. (4) Equality: [Civic]: Article 14, 15, 19, 18 [Political]: Article 325: Electoral roll without discrimination [Economic]: equal pay for equal work (Art 39)
'Rule of law' is originated from British system. It has been modified as per need of Indians. Comparison: Indian | UK (1) Article 14 provides (1) only equality for both equality before law and equal protection of law before law is operationalised (2) equal protection of law taken from USA. It means equal application of law to similarly situated people Rule of law in British system means 'three things': (A.V. Dicey) a Absence of arbitrary power, that is,
no punishment except for breach of law. b Equality before the law: equal subjugation of all citizens (rich, poor, high, low) to ordinary law. c Constitution is the result of rights of the individual. a, b are applicable in Indian system but c is not applicable because in India's 'Rights of the individuals are sourced from Constitution'. There are various exceptions to Right to equality is India's like Immunity to president, governor etc. In UK, parliament is above Constitution, it can make any law. In India parliament's is limited by Constitution.
Conclusion
Preamble reflects the vision of our forefathers. It is something which we always wanted during freedom struggle. It is the 'Soul of Constitution'. In UK, parliament is above Constitution, it can make any law. In India parliament is limited by Constitution.
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Abhishek Singh
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Preamble
Mission and Vision
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analytical
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