Wednesday, 31 May 2017

PREAMBLE OF INDIAN CONSTITUTION

PREAMBLE OF INDIAN CONSTITUTION


TABLE OF CONTENT

Chapter 1: Introduction……………………………………………………………………………..07 1.1  Meaning of Preamble……………………………….……………………………….07
      1.2  History of Preamble…………………………………...…………………………….08
      1.3  The Preamble of the Constitution………………………...…………………………10
1.3 Object and Scope of Preamble……………………………………………………….10
1.4 Is it part of our Constitution or not…………………………………………………..13

Chapter 2: Content of Preamble……………………………...……………………….15
2.1 We, the people of India…………………………………………………...…………16
2.2 Sovereign..............................................................................................................…...17
2.3 Socialist..................................................................................................................... 18
2.4 Secular ...................................................................................................................... 20
2.5 Democratic ..................................................................................................................21
2.6 Republic……………………………………………………………………………...23
2.7 Justice……………………………………………………..…………….……………24
2.8 Liberty………………………………………………………………………………..25
2.9 Equality………………………………………………………………………….…...25
2.10 Fraternity……………………………………………………………….…………...26

Chapter 3: Interpretational value of the Preamble………………………………..…30

3.1 Preamble as Projector of ‘Desired Established State’……………………………….31
3.2 Preamble as an aid to interpretation of other statutes…………………………….....32
3.3 Preamble as provider of Authority to the Indian Constitution………………………33




Chapter 4: Preamble to Constitution: Comparative study…………………………..35

4.1 Preamble of constitution of USA…………………………………………………….36
4.2 Preamble of constitution of Canada………………………………………………….39

Chapter 5: Conclusion…..……….…………………………………………………......41

Bibliography …………….……….……………………………………………………..43















     INTRODUCTION

After the attainment of independence the people of India were looking for a government of their own to fulfil the aspirations they had cherished during the freedom struggle. As the leaders had promised that after the independence India will have a government based on the ideas of democracy and justice, it was hence, necessary to give a proper shape to these ideas and ideals.[[1]]These were enshrined by the Constituent Assembly in the Constitution of India

The Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfilment. So much so, an organic, not pedantic, approach to interpretation, must guide the judicial process. The healing art of harmonious construction, not the tempting game of hair-splitting promoters the rhythm of the rule of Law.[[2]]


1.1           Meaning of Preamble

Preamble means a preliminary or introductory statement, especially attached to a statute or constitution setting forth its purpose.[[3]]Preamble is introductory part of the Constitution. The constitution of India opens with Preamble. The Preamble to a constitution is expected to embody the fundamental value and the philosophy on which the constitution is based and the aims and objectives which the founding fathers enjoined the polity to strive to achieve. Therefore, it is also regarded as the key to open the mind of the makers of the Constitution which may show the general purposes for which they made several provisions in the Constitution.[[4]] For these reasons the Preamble is also a legitimate aid in the interpretation of the provisions of the Constitution. It expresses “what we thought or dreamt for so long”[[5]]. It can be said that the constitution embodies a solemn form of all the ideas and aspirations for which the country had struggled during the British regime.[[6]] In simple words the Preamble serves as an introduction to the Constitution and highlights in brief the basic ideas for which the constitution stands and what the frames of the Constitution sought out to achieve for the citizens of India.

1.2           History of the Preamble:

The Preamble to Indian constitution is based on “Objective Resolution” of Nehru. Jawaharlal Nehru introduced objective resolution on December 13, 1947 and it was adopted by Constituent assembly on 22 January 1947. The Objective Resolution[[7]] reads as follows:
A.   This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a Constitution;
B.   WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Sovereign India, shall be a Union of them all; and
C.   WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting there from; and
D.   WHEREIN all power and authority of the Sovereign Independent India, its constituent parts and organs of government, are derived from the people; and
E.    WHEREIN shall be guaranteed and secured to all the people of India justice, social economic and political : equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and
F.    WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
G.   WHEREBY shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to justice and the law of civilized nations; and
H.   This ancient land attains its rightful and honoured placed in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind.

The drafting committee of the assembly in formulating the Preamble in the light of “Objective Resolution” felt that the Preamble should be restricted to defining the essential features of the new state and its basic socio-political objectives and that the other matters dealt with Resolution could be more appropriately provided for in the substantive parts of the Constitution. The committee adopted the expression ‘Sovereign Democratic Republic’ in place of ‘Sovereign Independent Republic’ as used in the “Objective Resolution,” for it thought the independence was implied in the word Sovereign. The committee added word Fraternity which did not occur in the Objective Resolution. “The committee felt that the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new Constitution should be emphasized by special mention in the Preamble.”[[8]]In other respect the committee tried to embody in the Preamble “the spirit and, as far as possible, the language of “Objective Resolution.”


1.3           The Preamble of the Constitution:
The Preamble reads:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST[[9]]SECULAR[[10]] DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity [and integrity][[11]] of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

1.4 Object and Scope of Preamble:

Unlike the constitution of Australia, Canada or the USA, the Constitution of India has an elaborate Preamble. The purpose of Preamble is to clarify who has made the Constitution, what is its source, what are  ultimate sanctions behind it; what is the nature of the polity which is sought to be established by the constitution and what are its goals and objectives?
The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the constitution. The preamble to an Act sets out the main objectives which the legislation is intended to achieve.[[12]]
Preamble states the objects which our constitution seeks to establish and promote and also aids the legal interpretation of the constitution where language is found ambiguous.[[13]] For a proper appreciation of aims and aspirations embodied in our constitution, therefore, we must turn to the various expressions contained in the Preamble. Combining the ideals of political, social and economic democracy with that of equality and fraternity, the Preamble seeks to establish what Mahatma Gandhi described as The India of my dreams[[14]], namely
“An India, in which the poorest shall feel that it is their country in
whose making an effective voice? an India in which all
communities shall live in perfect harmony”.
-
The Preamble to our Constitution serves several purposes:
a)     It contains the enacting clause which brings the Constitution into force.
b)    It declares the great rights and freedoms which people of India intended to secure to all its citizens.
c)     It declares the basic type of government and polity which is sought to be established in the country.
d)    It indicates the source from which our Constitution derives its authority.

Preamble indicates ultimate source for the validity of and the sanction behind the constitution is will of the people. Thus the source of the Constitution are the people themselves from whom the Constitution derive s its ultimate sanction. This assertion affirms the Republican and Democratic character of the Indian polity and Sovereignty of the people. The People of India thus constitute the sovereign political body who hold the ultimate power and who conduct the government of their elected representatives. As regard the nature of the Indian Polity, the Preamble to the Constitution declares India to be ‘Sovereign Secular Democratic Republic.’ As to the grants objectives and socio-economic goals to achieve which the Indian Polity has been established, these are stated in the Preamble.
These are:
       i.            social, economic and political Justice
     ii.            Liberty  of thought, expression, belief, faith and worship;
  iii.            Equality of status and of opportunity;
  iv.            and to promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation.




1.5 Is it part of our Constitution or not

It has been highly a matter of arguments and discussions in past that whether Preamble should be treated as a part of constitution or not, that means whether or not a citizen of a nation to which he is subject to can challenge in the court of law if in case his rights have been infringed which were mentioned in the Preamble. And if not, then whether the Preamble is merely a preface or introduction piece of page in the book of our Constitution. And also whether the Preamble is a part of the Constitution would depend the resolution of the next question, which follows as a corollary- whether the Preamble can be amended, if at all.
The vexed question whether the Preamble is a part of the Constitution or not was dealt with in two leading cases on the subject:
1. Beruberi Case[[15]]
2. Kesavananda Bharati case[[16]]
Beruberi case was the Presidential Reference “under Article 143(1) of the Constitution of India on the implementation of the Indo-Pakistan Agreement Relating to Beruberi Union and Exchange of Enclaves” which came up for consideration by a bench consisting of eight judges headed by the Chief Justice B.P. Singh. Justice Gajendra Gadkar delivered the unanimous opinion of the Court. The court ruled out that the Preamble to the Constitution, containing the declaration made by the people of India in exercise of their sovereign will, no doubt is “a key to open the mind of the makers” which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.[[17]]
Kesavananda Bharati[[18]]case has created history. For the first time, a bench of 13 judges assembled and sat in its original jurisdiction hearing the writ petition. Thirteen judges placed on record 11 separate opinions. To the extent necessary for the purpose of the Preamble, it can be safely concluded that the majority in Kesavanada Bharati case leans in favour of holding,
       I.            That the Preamble to the Constitution of India is a apart of Constitution;
    II.            That the Preamble is not a source of power or a source of limitations or prohibitions;
 III.            the Preamble has a significant role to play in the interpretation of statutes, also in the interpretation of provisions of the Constitution.

Kesavanada Bharati case is a milestone and also a turning point in the constitutional history of India. D.G. Palekar, J. held that the Preamble is a part of the Constitution and, therefore, is amendable under Article 368. He termed submission that the Fundamental Rights are an elaboration of the Preamble, as “an overstatement and half- truth”. Undoubtedly, the Constitution is intended to be a vehicle by which the goals set out are hoped to be reached.
It can be concluded that Preamble is introductory part of our Constitution. Preamble is based on the Objective Resolution of Nehru. Preamble tells about the nature of state and objects that India has to achieve. There was a controversial issue whether Preamble was part of Indian Constitution there were number of judicial interpretation but finally Kesavanada Bharati case it was held that the Preamble is a part of the Constitution.





Chapter 2
Contents of Preamble

Preamble is part of our constitution. The contents of Preamble play an important role in interpretation of our constitution. The Preamble to an Act sets out the main objectives which he legislation is intended to achieve.[[19]] It contains in a nutshell the ideals and aspirations of the Act. It is a sort of introduction to the statue and many a times very helpful to understand the policy and legislative intent. It embodies in a solemn form all the ideals and aspirations for which the country had struggled during the British regime.[[20]] The preamble is a key to open to the minds of the makers .The Preamble declares:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST[[21]] SECULAR[[22]] DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity [and integrity][[23]] of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The aforesaid provision may be explained under the following headings   :

2.1 We, the People of India:

The Constitution, as its preamble states, is a creation of the will of “the People of  India” who have, as the preamble enunciates, solemnly resolved to constitute India into a “Sovereign Democratic Republic.” The idea of sovereignty involves freedom from all foreign control or domination. Both ideas combined together reassert the sovereignty and paramountacy of the people’s will over everything[[24]] the same has been taken up from the Constitution of the United States of America and the United Nations Charter.
The words “we the people” indicate that the people of India are the source of authority behind the Constitution. The opening words of the preamble ('we the people of India') emphasize the ultimate authority of the people from whose will the constitution emerges. Since the Constituent Assembly enacted and adopted the constitution in the name of the people of India, the question has been asked whether the Assembly was really representative of the people of India.[[25]] This question was raised both within and outside the Assembly. The circumstances under which the Constituent Assembly came into being shows that it was impracticable to constitute such a body in 1946 with adult suffrage as its basis. No part of the country had the experience of adult suffrage.  Dr. Ambedkar said in the floor of the Constituent Assembly in 1949, "I say that the Preamble embodies what is the desire of every members of the House, that the constitution should have its root, its authority, its sovereignty from the people that it has".
The Supreme Court in Union of India v. Madangopal, [[26]]referred to the words “We the people of India” in the Preamble and observed that “our Constitution, as appears from the Preamble, derives its authority from the people of India.”

 To sum it up we can say that the supreme power of the land rests with the people of India and the true sovereignty lies with the citizens of India as evident from the Preamble


2. 2. Sovereign:

Sovereign defined by R.H. Soltan[[27]]“Sovereignty is the exercise of the final legal coercive power of the State.” According to another definition by Woodrow Wilson “Sovereignty is the daily operative power of framing and giving efficiency to the laws.”[[28]]In other words “sovereign” stands for the power which is absolute and uncontrolled within its own sphere. In the words of Cooley, “A State is sovereign when there resides within itself a supreme absolute power, acknowledging no superior.”[[29]]
India is 'Sovereign', in as much as it is free from any external control and having independent power and authority. Sovereignty of India does not come in the way of its remaining a member of the Commonwealth of Nations. Though the Queen of the UK is its symbolic head, it is a voluntary association and so does not violate India's sovereign status.
The word sovereign in the preamble means supreme or independent, India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. [[30]]
It means that sovereignty is permanent, and it continues un-interrupted as long as the state exists, and also it doesn’t ceases with the death or temporary dispossession of a particular bearer or the reorganization of the state but shifts immediately to a new bearer as the centre of gravity shifts from one part of a physical body to another when it undergoes an external change. It means that the powers are not divisible between sovereign and any other person, as the sovereign is absolute authority in a sovereign state. We find divisibility of powers in India when we see our so called “sovereign” of the country, he has no absolute authority over anything, neither can he make his own law of his own discretion nor can he revoke any of them. A sovereign in a state is exclusive and has none to be competed with. This characteristic of sovereignty is nowhere found in India as we see that the there is no “exclusive sovereign” or a Individual sovereign. It’s very much obvious that for a country claiming to be having sovereignty must have a sovereign and if we consider the real meaning of sovereignty, it means that a sovereign state is to be headed by a supreme power known as the sovereign which in strict sense is absent in India .

2.3 Socialist :

The term Socialist has been inserted in the Constitution of India by 42nd Amendment Act, 1976. Even prior to this amendment the idea was implicit in the constitution, in the form of directive principles of state policy and in the words of Preamble, 'Justice social, economic and political' as well as 'Equality- of status and opportunity.' General meaning of socialism implies the control of state over the means of production. In the context of Indian constitution, we can say our move is for democratic socialism and not for provided communistic socialism. Insertion of this word does not imply any commitment to a particular economic order.
Our constitution appears more committed to the object or outcome of socialism i.e. justice social economic and political, there may be different ways or means to realise these objectives. This way may be different or some time contrary to the classical and conventional concept and ideals of socialism. However all these means must nourish the guarantee for a system free from all kinds of exploitation. Socialism in India has been accepted in the meaning of 'Democratic Socialism'. The main aim of the expression was to bring about a balance in the existing economic disparities.[[31]]

In D.S. Nakara v. Union of India,[[32]] the Court observed that “the basic framework of socialism is to provide a descent standard of life to the working people and especially provide from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income.” The principal aim of a socialist State, the Supreme Court held, was to eliminate inequality in income and status and standard of life. Thus we can say that democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity.[[33]]

In Excel Wear v. Union of India ,the supreme court considered the effect of the word socialist in the preamble .the court held that the addition of the word “socialist” might enable he courts to lean more in favour of nationalization and state ownership of an industry but so long as private ownership of industries is recognized and governs an overwhelming large proportion of our economic structure, the principles of socialism and social justice cannot be punished to such an extent so as to ignore completely, or to a very large extent, the interest of another section of the public namely – the private owners of the undertaking.                                                                                                                                                                                                   

2.4. Secularism:

The word 'secular' has also been added by the 42nd constitution Amendment Act, 1976. It highlights that the state shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and right freely to practice and propagate religion. The provisions of right to freedom of religion ensuring freedom of conscience and free profession, practice and propagation of religion, freedom to manager religious affairs and right to equality, clearly implied that India is a "secular Republic”. The Preamble reflects the way of life adopted by Indian citizens for themselves after independence. In fact every civilization has also been a mirror of way of life as well as reflecting movement of human spirit. Religion in each civilizastion has indicated about the faith of human beings in absolute values and a way of life to realize them.  

The notion of secularism that developed in India has been vastly different from its original western notion. The traditional western vision of secularism has been the negation of all things religious in political functioning. However the Indian concept of secularism is completely different, stemming from Sarva Dharma Sambhava: it is not that the state has nothing to do with religion and religion has nothing to do with the state, but the concept of secular state has been understood as one in which all religions have an equal status in the eyes of the state. In a Secular State, the State regulates the relationship between men. It is not concerned with the relation of man with God[[34]].
The concept of Secularism is also contained in Articles 25 to 30 of the Constitution by way of Right to Freedom of Religion. The Supreme Court in St. Xavier’s College v. State of Gujarat,[[35]] explained that India “is neither anti -God, nor pro-God; it treats alike the devout, the antagonistic and the atheist. It eliminates God from the matters of the State and ensures that no one shall be discriminated against on t he ground of religion.” That every person if free to go to the God or Heaven in his own ways. And, that worshipping God is left to be dictated by his own conscience.[[36]]

2.5. Democratic:

That this Democratic stands for the good of all the people is embodied in the concept of a Welfare State that inspires the Directive Principles of State policy. The economic justice assured by the Preamble can hardly achieved if the democracy envisaged by the Constitution were confined to a political democracy. Dr. Radhakrishnan has put it-
“Poor people who wander about, find no work, no wages and starve, whose lives are a Continual round of sore affliction and pinching poverty, cannot be proud of the constitution or its law.”

This shows that the Indian Constitution provides not only political but also social democracy, as explained by Dr. Ambedkar in his speech in Constituent Assembly:
“Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life that recognizes liberty, equality and fraternity, which are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.”

The state in a democratic society derives its strength from the cooperative and dispassionate will of all its free and equal citizens. Social and economic democracy is the foundation on which political democracy would be a way of life in the Indian polity . The banishment of poverty, not by expropriation of those who have, but by the multiplication of the national wealth and resources and an equitable distribution thereof amongst all who contribute towards its production, is the aim of the state envisaged by the Directive Principles to the extent that this goal is reached. The ideal of economic justice is to make equality of status meaningful and life worth living at its best removing inequality of opportunity and of status- social, economic and political.

Democracy is a form of government in which people are governed by their own elected representatives. It is a government of the people, for the people and by the people. In this system of government, it is the people who are supreme and sovereign. They control the government. They are free to elect a government of their own choice. Freedom of choice is the core of democracy .India is 'democratic', as it has chosen a representative and responsible system of government under which those who administer the affairs of the state are elected by the electorate and accountable to them.[[37]] In practice, people depict majority of the population which has vested powers to take decisions in the matters. They very resolutions are carried and obeyed by the masses of the country. The concept does not permit the enforcement of the decisions on minority by majority. Rather, democracy thrives on the willing co-operation of minority with the majority. In other, words minority and opposition parties to have a vital role in the working of a democratic set up. Democracy guarantee some basic rights and freedom for individuals and its voters. These rights are known as fundamental rights. Democracy imposes rule by the adopted President of India. The practice continues for all the matters pertaining ruling in democracy. The system guarantees freedom for speech, equality and right for worship among other rights to the people.

The Supreme Court in the case of Union of India v. Association for Democratic Reforms,[[38]] Observed: “a successful democracy posits an ‘aware’ citizenry”. “Democracy cannot survive without free and fair elections, without free and fairly informed voters.” This clearly emphasizes the value of the power bestowed upon the citizens of India to elect the government which is also essential for the functioning of the democracy.


2.6. Republic:

The term republic is used in distinction to ‘monarchy’, in other words India is a republic because the head of the state is not a hereditary monarch. Hence, in India the head of the state is not a hereditary positions as seen in the case of queen of England; the head of the state in India is an elected person elected by the citizens of India. The constitution of India sets up  in India a ‘republican form of government’, in which, the ultimate power resides with the body of people, enfranchised by universal adult franchise. The president is the executive head of the state, is elected by the people and holds office for the term of five years.[[39]]


2.7 Justice:
The term justice briefly speaking is the harmonious reconcilement of individual conduct with the general welfare of the society. An act or conduct of a person is said to be just if it promotes general well being of the community. The constitution of India professes to secure to its citizens
       i.            Social justice: Social is a fundamental right. Social Justice is the comprehensive form to remove social imbalance and will build up a welfare state . Combining the ideals of political, social and economic democracy with that of equality and fraternity, the Preamble seeks to establish what Mahatma Gandhi described as The India of my dreams, namely
“An India, in which the poorest shall feel that it is their country in whose   making an effective voice? An India in which all communities shall live in perfect harmony.”
The term "social justice" implies several sound and eminently desirable concepts enunciated for the good of society in general, and of course it covers fair play for every section, especially the weaker groups in the popu­lation.
This seems unexceptionable and no one, however prejudiced or nar­row minded, would object to the promotion of this ideal. And yet the actions of countless people in this country, day after day, believe their words. The reckless flouting of the concept of social justice, and the denial of equal opportunities in life which this postulates, all reflect a tendency that is anti-national and marks totally unfair and unjustified behavior.

     ii.            Economic justice: Economic justice means justice from the standpoint of economic force. In short, it means equal pay for equal work, that every person should get his just his dues for his labour, irrespective of his caste, creed, sex and social status.

  iii.            Political justice: Political justice means the absence of any arbitrary distinction among men in political matters. The constitution has adopted the system of universal adult suffrage to secure political justice. In order that the justice in real sense be secured to the people of India, the constitution, not only secures equality of status and of opportunity by prohibiting discrimination on various grounds.

2.8 Liberty:

Liberty has been derived from Latin word ‘liber’ which means free. The term ‘liberty’ is used in both positive as well as negative sense. As a negative concept liberty means the absence of all undue or arbitrary interference with individual’s action on the part of the state. In positive sense, liberty comprises of liberties or rights which are considered essential for an individual to attain his potentialities and for the perfection of national life. The constitution of India professes to secure liberty of thought, expression, belief, faith and worship, which are regarded essential to the development of the individual in the nation.

2.9 Equality:

Equality of status and opportunity is secured to the people of India by abolishing all distinctions or discriminations by the state, between  citizen and citizen , on the ground of race ,religion, caste, sex or place of birth and by throwing open ‘public places’ to all the citizens. The constitution also abolishes untouchability and titles by Article 17 and 18 respectively .this helps in securing equality of opportunity in matters of employment or appointment to any office under the state under article 16 of the Constitution.
The concept of equality does not mean absolute equality-among human beings which is physically not possible to achieve. It is a concept implying absence of any special privilege by reason of birth, breed or the like in favour of any classes to the ordinary law of the land. The guarantee of equality before law is an aspect of what Dicey calls the "Rule of Law" in England. The rule has got some exceptions under the provisions of the Constitution for instance, foreign diplomates, President of India, State Governors. Article 14 permits classifications but prohibits class lagislations. The classification is to be reasonable and it must fulfil two conditions, namely, it must be founded on intelligible differentia and the differentia must have a rational relation to the object sought to be achieved.
In Maneka Gandhi Justice Bhagwati propounded that the concept of equality is a dynamic concept with many aspects, and dimensions and it cannot be imprisoned within traditional and doctrinaire limits.

2.10 Fraternity:

The fraternity which is professed in the Preamble is not confined within the bounds of the national territory; it is ready to overflow them to reach the loftier ideal of universal brotherhood; which can hardly be better expressed than in the memorable words of Pandit Nehru:
“the only possible, real object that we, in common with other nations, can have is the object of co-operating in building up some kind of a world structure, call it one world, call it what you like.”

Fraternity means feeling of brotherhood, brotherliness, a feeling that all people are children of the same soil, the same motherland. There is no provision in the constitution which reflects ‘fraternity’ as an object. However there are provisions in the constitution such as common citizenship, the right of the citizen to move freely, to reside and settle in any part of the territory of India etc., which generate there spirit of brotherhood.[[40]]
The Unity and Integrity[[41]]of the Nation sounds the concern of the founding fathers of the Constitution regarding the maintenance of the Independence of the nation as well as the success of the democracy in India. Therefore, while securing rights and freedoms for the individuals, they incorporated in the Constitution elaborate provisions conferring on the   powers in the form of emergency provisions as to help contain any forces threatening and endangering the unity and integrity of the country. India has been declared as a Union of States and is intended to put an end to the separatist tendencies.

One of the members of the Constituent Assembly (Pundit Thakur Das Bhargav) rose to poetic heights when he said, "The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution." The Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas and expression it is an unique one. It embodies the spirit of the constitution to build up an independent nation which will ensure the triumph of justice, liberty, equality and fraternity.




42ND AMENDMEND OF THE CONSTITUTION

India after 25 years of its constitution as a republic was now a sovereign, Socialist, Secular, Democratic Republic. Nothing was changed in the main body of the constitution to match these adjectives. The other portions of the 42nd amendments were to give the autocratic power to the executive by suspending the fundamental rights of the citizens. This act in itself was neither socialist nor secular. Thus logically the amendment accepted that the constitution in its originality was secular and socialist enough that it did not need any modification to suit the additions in preamble. The funniest part of this exercise is that after the end of Indira Rule and Janta Party coming in power the emergency provisions were removed from the constitution by the 44th amendment but the additions to the preamble were left untouched. Thus endorsing the enhanced emphasis on the socialist and secular nature of the constitution.
Though there are no changes in the original provisions, in practice secularism is being unnecessarily pronounced in all the governmental actions. The political parties for their petty electoral benefit tend to appeasement of so called minorities in the name of secularism. Secularism is used to denigrate everything traditional and Hindu in origin. The famous instance of the controversy over Saraswati Puja in the convention of education ministers during the NDA rule started by the objection raised by a few politicians. The issue was raised under the garb of secularism. Media gave great publicity to the issue. No one bothered to check the constitutionality of the claim. Recently the issue of Ayud Puja and Sarasavati Puja was raised before the Madras high court in a PIL. The high court has rejected the contention that performing Puja in the offices is against the secular nature of the government. “Showing respect to the place of work and the objects of work will in no way offend the feelings of others or affect secularism. Ayudha Puja is referable to prayer, reverence or respect given to objects through which an individual performs his profession or occupation. Ayudha Puja in its real terms transcends all religion,” a division bench of Justice R Sudhakar and Justice Aruna Jagadeesan has said. This should make the constitutional position clear on the issue. The practice of the media and intellectuals is very pathetic on this issue as it was well demonstrated by the Jaipur Lit fare issue. Even though on his very channel every representative of Islam from Lakhnau to Hyderabad was vociferously demanding that Sulman Rushdie should not be allowed to come to India, the star anchor Arnab Goswami kept on saying fringe elements of the Muslim society are opposed. This is the way the faulty concept of secularism corroborated by another unfounded concept of minority has developed into a divisive element in the constitutional discourse.
Socialism is very hard to define. But it can be said without slightest of doubt that the Indian state in last two decades has abandoned socialism as an economic policy. From 1991 we claim to have tried to follow the liberal free market economics. But according to the constitution Indi India is still a Socialist Republic.






Chapter 3
Interpretational Value of the Preamble

This chapter deals with the importance and role of preamble of Indian Constitution and provides for why it is immensely important to have the preamble as it plays numerous roles indicating the source from which the constitution derives its authority, states the objects which the constitution seeks to establish and promote, acts as a guiding principle in the interpretation of constitution and framing of other important statutes.
The Preamble of Indian Constitution reflects the basic structure and the spirit of the Constitution. It is regarded as the preamble serves as a channelizing tool for the interpretation of the constitution as a whole. The preamble acts as the preface of the constitution of India and lays down the philosophical ideas. It represents the entire constitution in its written words. It contains the basic structure of the constitution and thus considered to be a vital part. The preamble is significant because it highlights the type of society and government it wishes to establish. However, the preamble does not contain laws enforced in a court but, no law can be enacted or amended in a manner that violates the spirit of the preamble. Thus the preamble of the constitution of India is un-amendable.
Preamble of Constitution of India is an introductory note to the constitution. It is like summary for our constitution, regard as soul of it. To understand the motto of constitution Preamble works as a guide so we can understand how Preamble is important.  
The Preamble declares four aims in the governance of India- 
       i.            Justice- social, economic and political;
     ii.            Liberty of thoughts, expression, belief, faith and worship;
  iii.            Equality of status and opportunity; and
  iv.            Fraternity assuring the dignity of the individual and the unity and integrity of the nation.

3.1 Preamble as Projector of ‘Desired Established State’

The Preamble proclaims the solemn resolution of the people of India to constitute India into a 'Sovereign socialist, secular democratic republic. The Preamble was adopted with the constitution in the constituent assembly. It came into effect in 1950 along with the constitution. The original draft of the constitution opened with the words ‘Sovereign Democratic Republic’ in the first line. The words ‘Socialist and Secular’ were inserted by the 42nd amendment in 1976. The same amendment contributed to the changes of the words unity of the nation into unity and integrity of the nation. The significance of the preamble of Indian constitution lies in the ‘We the People’. These words emphasizes that the ultimately the powers are vested in the hands of the people of India. The expression state that the constitution is made by and for the people of India. In addition to that the preamble also lays down the essential national goals for every citizen justice, liberty, equality and fraternity.

According to the preamble of the constitution of India, the word Sovereign occupies a vital role in the country. It means supreme or independent and embodies India is internally and externally sovereign and is free from the control of any foreign power. Furthermore, the country has a free government which is directly elected by the people and makes laws that govern the people[[42]].
The word Socialist  also has enormous significance as it implies economic and social equality. The word was added by the 42nd amendment act[[43]], 1976 during the emergency. In addition to that Social equality identifies the absence of discrimination on the grounds only of caste, colour, creed, sex, religion or language. Besides, social equality has equal status and opportunities. The preamble also guarantees secularism.[[44]] The word Secularism was also inserted into the preamble by the 42nd amendment act 1976. Secularism implies equality of all religions and religious tolerance and does not identity any state religion.
The preamble of Indian Constitution also puts forth the words Democratic and Republic. India follows a Democratic form of government. The people of India elect their government at all levels such as Union, State and local by a system of universal adult franchise. India is also a Republic, in a country where the head of the state is elected directly or indirectly, for a fixed tenure. The president of India is the titular head of the state. Thus, the preamble plays a pivotal role and serves two important purposes including and indicate to the source from which the constitution derives its authority and stating the objects, which the Constitution seeks to establish and promote.


3.2 Preamble as Interpreter of Legislation and statutes:

The Constitution of India starts with a preamble which contains the spirit of the constitution and every legislation framed is in conformity with the spirit of the preamble and thus the constitutionality and objects of the statutes are tested. The preamble also bears the aims and objectives that the people of India seek to establish with the establishment of Indian Constitution , any legislation made is made with the purpose and in accordance with the objectivity of the preamble itself. So, ‘Preamble is the Legislation in a nutshell’. It is a preparatory statement. It contains the recitals showing the reason for enactment of any legislation and prevents the legislation to fall in the arms of ambiguity.
In Kashi Prasad v. State of UP[[45]] the court held that even though the preamble cannot be used to defeat the provisions of the legislation itself, but it can be used as a vital source in making the interpretation of the legislation


3.3 As provider of Authority to the Indian Constitution:

The preamble to the constitution of India begins with ‘We the People of India’, thus conferring that the authority of the constitution lies in the people of India, who have themselves led to the enactment of constitution for their own governance.
The provision of the constitution of India cannot be overridden by the Preamble.

In Re Berubari[[46]], the Supreme Court held that the Preamble was not a part of the constitution and therefore it could not be regarded as a source of any substantive power[[47]].

In Keshavananda Bharati’s case[[48]], the Supreme Court rejected the above view and held the preamble to be a part of the constitution. The constitution must be read in the light of the preamble. The preamble could be used for the amendment power of the parliament under Art. 368 but basic elements cannot be amended. The 42nd Amendment has inserted the words “Secularism, Socialism and Integrity” in the preamble.
General rules of interpretation of the constitution
1. If the words are clear and unambiguous, they must be given full effect.
2. The constitution must be read as a whole.
3. Principles of Harmonious construction must be applied.
4. The constitution must be interpreted in a broad and liberal sense.
5. The court has to infer the spirit of the constitution from the language.
6. Internal and External aids may be used while interpreting.
7. The Constitution prevails over other statutes.

Amendment to The Preamble

The issue that whether the preamble to the constitution of India can be amended or not was  raised before the Supreme Court in the famous case of Keshavanand Bharti Vs. State of Kerala,1973. The Supreme Court has held that Preamble is the part of the constitution and it can be amended but, Parliament cannot amend the basic features of the preamble. The court observed, "The edifice of our constitution is based upon the basic element in the Preamble. If any of these elements are removed the structure will not survive and it will not be the same constitution and will not be able to maintain its identity."[[49]]
The preamble to the Indian constitution was amended through the 42nd amendment act 1976. And the words Socialist, Secular and Integrity were added to the preamble by the 42nd amendment Act, 1976, to ensure the economic justice and elimination of inequality in income and standard of life. Secularism implies equality of all religions and religious tolerance and does not identity any state religion. The word integrity ensures one of the major aims and objectives of the preamble ensuring the fraternity and unity of the state.





Chapter 4
Preamble to Constitution: Comparative Study

Preamble is introductory part of the Constitution. Every constitution has its own preamble. There is comparative study of preamble of USA and Canada as below:

4.1 The Preamble of the Constitution of USA

The preamble of the constitution of USA as follow:
“We the people of united states, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessing of liberty to ourselves, and our posterity, do ordain and establish this constitution for united states of America
Along with the title is mentioned, the date of signing the constitution by its framers and also the date on which it comes into effect. The preamble doesn’t acknowledge the fact that the constitution was framed by the delegates of the thirteen original states meeting in a convention, or that it was ratified, subsequently, by the states that had framed the constitution
a)     The preamble of the constitution of United States of America may be analysed and commented upon clause by clause:“WE the people of united states”: These words emphasize the ultimate sovereignty of the people and indicate that the constitution is founded on the authority flowing from the people.
b)    “In order to form a more perfect union”: The constitution which existed at that time had merely brought into existence or a sort of league of friendship. The feeble government was unable to cope up with its responsibilities and it was realized that if the union were to last , it must be strengthened . However it was an open matter whether the union as contemplated in that material time was to be a viable one or was to be one from which a state could break away at its will .The answer was ultimately provided by the result of the civil war, which established the principle that the authority conferred upon the union government by the various state was an irrevocable authority and that no state had the right to secede from the union.
c)     “Establish justice”: Under the Article of co federation, there was no system of national court. In particular there was no machinery to decide inter – state disputes. The absence of the machinery was one more lacuna which was sought to be filled in by the new constitution
d)    “Insecure domestic tranquility”:  Shay’s rebellion in Massachusetts had demonstrated the complete helplessness of the co federal government to provide effective aid to the state government.
e)     “Provide for the common defence:” The co federal government had no power to raise men or money although it had the power to declare war. It was imperative , therefore to give such power to the new central government
f)      “Promote the general welfare and secure the blessing of liberty to ourselves and our posterity:” The co federal government had no power of legislation whatsoever, and was, therefore not entirely feasible to formulate or implement any policy for the welfare of the nation.
g)     “Do ordain and establish this constitution for the United States of America:” For the first time the country had a sovereign national government .The constitution marked the emergence of the United States of America into a fully blossomed nationhood.

The preamble of the constitution of the USA, in a precise form contains a “declaration” and a descriptive objective.  The declaration is to the effect that the people of United States “ordain and establish” the constitution for the United States of America. It is not a mere article of agreement among the thirteen states
On the other hand, the preamble of the constitution of India has serves two purposes:
a.     It indicates the source from which the constitution derives its authority, and
b.      It also states the objects which the constitution seeks to establish and promote. It is a key to open the mind of the makers

The constitution of India, like that of the united state of America, strikes one as a monumental piece prepared by men of great eminence and patriotism. Undoubtedly there is a difference between the constitution of U.S.A and India in phraseology and emphasis – more than a century and half has passed between the adoptions of two Constitutions, many world events of far-reaching social and economic consequence had taken in the meantime and people’s ideas had passed through radical transformations.

The constitution of U.S.A is the supreme law of the land. It guarantees fundamental right of person, property, and liberty. It is however , noteworthy that these right were incorporated in the constitution by a number of amendments effected after the constitution  was promulgated .They were not enumerated in the original draft of the constitution .But by subsequent amendment individual liberty has been effectively safeguarded .Only 133 years later with 19 th amendment ,women acquired the right to vote
The rights of the citizen are made enforceable by recourse to judiciary. These right cannot be modified or suspended except by a constitutional amendment .Freedom of speech, Freedom of worship, of habeas corpus, no unreasonable search and seizure which constitute hallmark of a just society has become part parcel of the constitution

Rutgers Law Professor Albert Blaustein has pointed out “civil and political right of abstinence. They are right against the state .When you start talking about social and cultural right, you are asking for right of action, affirmative rights” . Another area of silence in the constitution –economic rights – the right to a job, the right to shelter, the right to food.

The constitution of U.S.A is based on popular sovereignty in the U.S.A is attributed to the people. Unlike the United Kingdom where the hereditary monarchy is the head of the state, the United States of America is a republic with the president as the elected head of the state. The constitution has derived its authority from the people.

Former C.J .Warren E. Burger chairman of the commission on the bicentennial of the United State Constitution has stated “no other charter of government had recognised so clearly that all legitimate political power flows from the people.

The constitution of the  U.S.A opened a new era in the history of constitution , not only by its explicit description of the power of a balanced representative government but also by its birth in a public forum of the printed words .Widely literate people could read n judge the very words by which they would be  governed

The constitution that emerged from the Philadelphia convention in mid September 1787 ,according to  James  Madison  , “was nothing more than the draft of the plan , nothing but a dead letter , until life and validity were breathed into it by the voice of people , speaking through the several state convention “ .

Thus the constitution of the U.S.A is a unique constitution presenting a constitutional model entirely different from U.K. Its stability and strength is the envy of the different constitution of the world .Some of the developing democracies like Sri Lanka and Pakistan have opted for it . The constitution has aura of the sacred about it. It occupies a shrine up in the higher stretches of American reverence.[[50]]
3.2 The Preamble of the Constitution of the Canada

The constitution of Canada consists of many laws as well as political convention and judicial practices. the preamble state that the province of Canada nova Scotia and new Brunswick  have expressed their desire to be federally united into one domain under the crown with the constitution similar in the Principle to that  of  the united kingdom

The preamble of the constitution has cited the four –fold objective:
i.            To fulfil the desire of the constituent  units of  Canada to form into a union under the crown.
ii.            That such a union would be conductive to welfare of the provinces and promote the interest of the British empire
iii.            That a legislative authority and an executive government be provided for and
iv.            To enable the eventual admission into the union of other parts of british  north America
In compare to Canada Preamble Indian Preamble lays down main objective of state to be
i.            To establish democratic, republic, sovereign, socialist and secular state
ii.            To achieve Justice- social, economic and political
iii.            Liberty of thoughts, expression, belief, faith and worship;
iv.            Equality of status and opportunity; and
v.            Fraternity assuring the dignity of the individual and the unity and integrity of the nation.
Prof. A. V. Dicey thought that preamble of Canada was inaccurate when it described the constitution of Canada .he has stated that if preamble  were intended to express anything like whole truth ,for the world  “kingdom “ ought to have been substituted by the states .[[51]]

As Indian Preamble lays down the basic structure of Indian Constitution which is not as such depicted in the Preamble of Canada and USA, so it can be concluded that Indian Preamble is more structured than Preamble of USA and Canada.





















Chapter 5
Conclusion

The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble.
Preamble is an introductory statement, stating the aims and objectives of the constitution. Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in the body of the Indian Constitution. The Preamble is so important because it highlights the type of society and government it wishes to establish. The preamble does not contains any law that can be enforced in the court of law but no law can be enacted or amended in a manner that it violates the spirit of Preamble[[52]].
In conclusion I would like to just say that this is very true that preamble is the basic part of any document and it is but obvious to our constitution because it is the supreme law of our country, but Is it true that our constitution is so complete and perfect. As we all knows that we have more than 108 amendments in our constitution. So before making any basic structure we have to first finalise the structure and the provisions of our constitution. And another thing is that if it is the part of our constitution or the basic structure of it then why we need these many cases or judicial reviews to finalise its existence. According to me the preamble is the topic which gives its status from the very beginning when any document, act or provision enacted. It gives the overview of that particular act so we can easily take the idea of what the act is all about. In constitution we can say that this plays a very big role to understand the provisions of the constitution. So if something plays a great role to understand the provision of any act then how that thing cannot be the part of it, and what is the other thing which talks about the preamble as the part of our constitution .this is the only answer to that according to me.




























Bibliography
BOOK REFERED

ü Basu, Durga Das, Shorter Constitution of India, Volume 1, Lexis Nexis Butterworths Wadhwa, Nagpur, 2010.
ü Pandey, J.N., The Constitution of India, Central Law Agency, Allahabad, 2010.
ü Singh, Mahendra P. , Constitution of India., Eastern Book Company Lucknow, 2008.
ü Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008.
ü Kumar, Narender, Introduction to the Constitutional Law of India, 1st Ed., Allahabad Law Agency, Allahabad, 2009.
ü Gauba, OP, An Introduction to Political Theory, Macmillan India Ltd., Delhi, 2007.
ü Oxford Dictionary & Thesaurus, 9th Impression, 2007.
ü  Majumdar , P.K., & Kataria , R.P, Commentary on the Constitution of India, Volume 1, Orient Publishing Company, Allahabad, 2009.
ü Bakshi , P.M., The Constitution of India, Universal Law Publishing Co., Delhi,2008.
ü Krishnaswami, Sir Alladi, Constituent Assembly Debates. Vol. 10
ü SR Myneni., Political Science for Law Students, Allahabad Law Agency, Allahabad,2006.
ü The Constitution Of India, Bare Act, Universal Law Publishing Co. Pvt. Ltd. New Delhi, 2010.

WEBSITES REFERED
ü  http://www.preservearticles.com








[[1]] Making of the Constitution: The Preamble and Political Philosophy, URL: http://nos.org317courseEL-
  4%20THE%20PREAMBLE%20AND%20POLITICAL%20PHILOSOPHY.pdf
[[2]] Fatehchand v. State of Maharashtra , AIR 1977 SC 1825 at 1827 : 1977 (2) SCR 828 : (1977) 2 SCC 670.
[[3]] Oxford Dictionary of Law, Oxford university Press, New York, p.416
[4]Berubari Union and Exchange of Enclaves, Re , AIR 1960 SC 845, 856: (1960) 3 SCR 250

[5]Sir AlladiKrishnaswami- Constituent Assembly Debates. Vol. 10, 417.
[6]KeshvanandaBharti v. State of Kerala , AIR 1973 SC 1461
[7]Retrived from http://parliamentofindia.nic.in/ls/debates/facts.htm  on 10 March, 2014 at 8:56 pm


[8]Retrieved from http://www.ambedkar.org/ambcd/63A2.Dr.%20Ambedkar's%20Entry%20into%20the%20CA.htm on 10 March  2014 at 9:19 pm


[9] Inserted by the Constitution (42nd amendment) Act, 1976
[10]Ibid
[11]Ibid


[12]Subba Rao. C.J., in I.C. GolakNath v. State of Punjab, AIR 1967 SC 1643
[13] Re Berubari Union, AIR 1960 SC 845
[14] Retrieved from http://www.mkgandhi.org/momgandhi/chap64.htm on 25 feb 2012 at 12:32 pm


[15]In Re: Beruberi Union (I), (1960) 3 SCR 250
[16](1973) 4 SCC 225
[17]  Retrieved from http://www.legalserviceindia.com/article/l26-PREAMBLE-A-PART-OF-THE CONSTITUTION-OR-NOT.html on 15 March 2012 at 12:26pm



[18](1973) 4 SCC 22


[19] Golak  Nath v. State of Punjab , AIR 1967 SC 1643
[20] Shehlat and Grover,JJ.,in Keshavananda Bharti v. State of Kerela, AIR 1973 SC 1461
[21] Inserted by the Constitution (42nd amendment) Act, 1976
[22]Ibid
[23] Ibid



[24] P.K.. Majumdar & R.P Kataria, , Commentary on the Constitution of India, Volume 1,OrientPublishing Company, Allahabad, 2009, p.192.
[25] Narender Kumar,, Constitutional Law of India, Allahabad Law Agency, Allahabd, 2008, p.26


[26] AIR 1954 SC 158
[27] SR. Myneni,, Political Science for Law Students Allahabad Law Agency, 2006,p.100.
[28] ibid
[29] J.N. Pandey,, The Constitution of India, 47th Edition, Central Law Agency, Allahabad, 2010, p.31

[30] Essay on the preamble of Indian constitution – Rohini DasGupta

[31] ibid
[32] AIR 1979 SC 25
[33] P.M. Bakshi,, The Constitution of India, Universal Law Publishing Co., Delhi, 2008,p.3.


[34] The genesis of ‘Indian Secularism’: Constituent Assembly Debates.

[35] AIR 1974 SC 1389


[36] P.K.Majumdar, & R.P. Kataria, Commentary on the Constitution of India, Volume 1, Orient Publishing Company, Allahabad, 2009, p.196.
[37] The Great Indian Democracy – Shantanu Sahay

[38] AIR 2002 SC 2112
[39] M.P. Jain, Indian constitution , Mahabir Prashad Jain, New Delhi, 2008, p.46

[40] Shiva Rao, the Framing of the Indian Constitution, N.M. Tripathi Pvt. Ltd., Bombay, 1967, III, 510, cited in Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008,p 34

[41] Inserted by the Constitution (42nd Amendment) Act, 1976

[42]Retrieved from  http://www.indiastudychannel.com/resources/47070-constitution-India.aspx on 26 March 2014 at 10:12 am
[43] Fourty-second Amendment Act to the Indian Constitution, 1976

[44] Retrieved from  http://www.indianetzone.com/40/preamble_indian_constitution.htm  on 26 Feb 2014 at 10:45 am

[45] AIR 1950 All 732

[46] AIR 1960 SC 845, 1960 3 SCR 250
[47] Retrieved from http://www.indiankanoon.org/doc/1120103/ on 12 feb 2014 at 10:11am
[48] Kesavananda  Bharati vs State Of Kerala, Writ Petition (civil) 135 of 1970



[49] Retrieved from, http://www.preservearticles.com/2012011020424/essay-on-the-amendment-of-the-preamble-of-india.html on 26 feb. 2014 at 7:01 pm

[50]  Aparajita Baruah, Preamble of the Constitution of India :an insight and comparison with other constitution , Deep and Deep Publications, New Delhi, 2007, p.300

[51]  Aparajita Baruah, Preamble of the Constitution of India :an insight and comparison with other constitution , Deep and Deep Publications, New Delhi, 2007, p.300

[52] Retreived from “Essay on the preamble of Indian constitution”, http://www.preservearticles.com,  22 March 2014 at 10:17pm

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