Research Results Based on the Query


ACT
SCJ
HCJ

Query: Preamble of the Constitution of India



Relevant Supreme Court Judgments
Year From: 1950, Year To: 2024

Result 1
Supreme Court of India
Dr. Pradeep Jain And Ors. vs Union Of India (Uoi) And Ors.
Honourable Judges Amarendra Nath Sen, P.N. Bhagwati, Ranganath Misra
Date of Judgment: 22 Jun 1984
Segment Number (Approximate Page Number): 3
Relevancy Score: 82.57
   
   
   

The Preamble declares in highly emotive words pregnant with meaning and significance: We, The People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular 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 of the Nation ; In Our Constituent Assembly this twenty-sixth day of November,1949, do Hereby Adopt, Enact And Give To Ourselves This Constitution. 4. These words, embody the hopes and aspirations of the people and capture and reproduce the social, economic and political philosophy underlying the Constitution and running through the warp and woof of its entire fabric. It is significant to note that the Preamble emphasises that the people who have given to themselves this glorious document are the people of India, the people of this great nation called India and it gives expression to the resolve of the people of India to constitute India into a sovereign socialist secular democratic republic and to promote among all its citizens fraternity assuring the dignity of the individual and the unity and integrity of the nation. The Constitution makers were aware of the past history of the country and they were also conscious that the divisive forces of regionalism, linguism and communalism may one day raise their ugly head and threaten the unity and integrity of the nation, particularly in the context of the partition of India and the ever present danger of the imperialist forces adopting new strategems, apparently innocuous, but calculated to destabilize India and re-establish their hegemony and, therefore, they laid great emphasis on the unity and integrity of the nation in the very Preamble of the Constitution. Article 1 of the Constitution then proceeds to declare that India shall be a Union of States but emphasizes that though a Union of States, it is still one nation with one citizenship. Part II dealing with citizenship recognises only Indian citizenship : it does not recognise citizenship of any State forming part of the Union.

Result 2
Supreme Court of India
Dr. Pradeep Jain Etc vs Union Of India And Ors. Etc
Honourable Judges P.N. Bhagwati, Amarendra Nath Sen, Misra Rangnath
Date of Judgment: 22 Jun 1984
Segment Number (Approximate Page Number): 15
Relevancy Score: 81.83
   
   
   

The Preamble declares in highly emotive words pregnant with meaning and significance: "We, The People of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular 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 of the Nation; In Our Constituent Assembly this twenty-sixth day of November, 1949, do Hereby Adopt, Enact And Give To Ourselves This Constitution." These words embody the hopes and aspirations of the people and capture and reproduce the social, economic and political philosophy underlying the Constitution and running through the warp and woof of its entire fabric. It is significant to note that the Preamble emphasises that the people who have given to themselves this glorious document are the people of India, the people of this great nation called India and it gives expression to the resolve of the people of India to constitute India into a sovereign socialist secular democratic republic and to promote among all its citizens fraternity assuring the dignity of the individual and the unity and integrity of the nation. The Constitution makers were aware of the past history of the country and they were also conscious that the divisive forces of regionalism, linguism and communalism may one day raise their ugly head and threaten the unity and integrity of the nation, particularly in the context of the partition of India and the ever present danger of the imperialist forces adopting new stratagems, apparently innocuous, but calculated to destabilise India and re-establish their hegemony and, therefore, they laid great emphasis on the unity and integrity of the nation in the very Preamble of the Constitution. Article 1 of the Constitution then proceeds to declare that India shall be a Union of States but emphasizes that though a Union of States, it is still one nation with one citizenship. Part II dealing with citizenship recognises only Indian citizenship: it does not recognise citizenship of any State forming part of the Union.

Result 3
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 28
Relevancy Score: 75.4
   
   
   

It starts with Article 1 and ended originally with the Eighth Schedule and now ends with the Ninth Schedule after the First Amendment Act, 1951. The way the Preamble is drafted leaves no doubt that what follows, or is annexed to, the Preamble, is the Constitution of India. 107. He has also urged that the Preamble came into force on November 26, 1949 alongwith Articles 5, 6, 7 etc. as provided in Article 394 because Articles 5, 6, 7 and the other Articles mentioned therein could hardly come into force without the enacting clause mentioned in the Preamble having come into force. He says that the Preamble is a part of the Constitution statute and not a part of the Constitution but precedes it. There is something to be said for his contention but, in my view, it is not necessary to base my decision on this distinction as it is not necessary to decide in the present case whether Article 368 enables Parliament to amend the Preamble. Parliament has not as yet chosen to amend the Preamble. 108. The Preamble was used by this Court as an aid to construction in Behram Khurshed Pasikaka v. The State of Bombay [1955] 1 S.C.R. 613 at p. 653. After referring to Part III, Mahajan, C.J., observed: We think that the rights described as fundamental rights are a necessary consequence of the declaration in the preamble that the people of India have solemnly resolved to constitute India into a sovereign 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. These fundamental rights have not been put in the Constitution merely for individual benefits, though ultimately they come into operation in considering individual rights. They have been put there as a matter of public policy and the doctrine of waiver can have no application to provisions of law which have been enacted as a matter of Constitutional policy. 109. Similarly in In re. The Kerala Education Bill [1959] S.C.R.

Result 4
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 627
Relevancy Score: 74.73
   
   
   

Rejecting the contention this Court after referring to the words of Story that preamble to the Constitution is "a key to open the minds of the makers" which may show the general purposes for which they made the several provisions, relied upon the following observations of Willoughby about the Preamble to the American Constitution: It has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such power embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted. To the above observations this Court added: What is true about the powers is equally true about the prohibitions and limitations. 1528. Apart from what has been stated above about the effect of Preamble on the power of amendment, let us deal with the provisions of the Preamble itself. After referring to the solemn resolution of the people of India to constitute India into a sovereign democratic republic, the Preamble makes mention of the different objectives which were to be secured to all its citizens. These objectives are: 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 of the Nation. It would be seen from the above that the first of the objectives mentioned in the Preamble is to secure to all citizens of India justice, social, economic and political. Article 38 in Part IV relating to the Directive Principles or State Policy recites that the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. 1529. Since the later half of the eighteenth century when the idea of political equality of individuals gathered force and led to the formation of democratic governments, there has been a great deal of extension of the idea of equality from political to economic and social fields.

Result 5
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 499
Relevancy Score: 74.62
   
   
   

According to the Preamble the people of India have given unto themselves the Constitution to secure to all its citizens (a) JUSTICE, social, economic and political; (b) LIBERTY of thought, expression, belief, faith and worship; (c) EQUALITY of status and of opportunity; and to promote among the citizens (d) FRATERNITY assuring the dignity of the individual and the unity of the Nation. There is no doubt that the Constitution is intended to be a vehicle by which the goals set out in it are hoped to be reached. Indeed, being a part of the Constitution, strictly speaking, it is amendable under Article 368. But we will assume that the people of India will not be rash enough to amend the glorious words of the Preamble; and as long as the Preamble is there the Governments will have to honour the Preamble and the Constitution will have to continue as a vehicle which would lead us to the goals. But to say that the fundamental rights are an elaboration of these goals would be a caricature. Most of the fundamental rights may be traced to the principles of LIBERTY and EQUALITY mentioned in the Preamble. But whereas the concepts of LIBERTY and EQUALITY are mentioned in absolute terms in the Preamble the fundamental rights including the several freedoms are not couched in absolute terms. They reflect the concepts of LIBERTY and EQUALITY in a very attenuated form with several restrictions imposed in the interest of orderly and peaceable Government. 1353. The pre-eminent place in the Preamble is given to JUSTICE-social, economic and political, and it is obvious that without JUSTICE the other concepts of LIBERTY, EQUALITY and FRATERNITY would be illusory. In a democratic country whose institutions are informed by JUSTICE-social, economic and political, the other three concepts of LIBERTY, EQUALITY and FRATERNITY will be automatically fostered. Social and political Justice takes care of Liberty; and Justice, social and economic, takes care of Equality of status and of opportunity. Therefore, even in the Directive Principles the supreme importance of Justice-social, economic and political-is highlighted in Article 38, in which the State is given a mandate to strive to promote the welfare of the people by securing and protecting a social order in which justice-social, economic and political shall inform all the institutions of the National life.

Result 6
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 730
Relevancy Score: 74.57
   
   
   

The proceedings in the Constitutent Assembly make it clear that the preamble was put to vote by a motion which stated that the "preamble stands part of the Constitution" and the motion was adopted See the proceedings of the Constituent Assembly dated October 17, 1949, Constituent Assembly Debates, Vol. X, p. 429. Article 394 of the Constitution would show that the preamble, being a part of the provisions of the Constitution, came into operation on the 26th of January, 1950, not having been explicitly stated in the article that it came into force earlier. And there seems to be no valid reason why the preamble, being a part of the Constitution, cannot be amended. 1681. A preamble, as Dr. Wynes said, represents, at the most only an intention which an Act seeks to effect" and it is a recital of a present intention See Wynes, "Legislative, Executive and Judicial Powers in Australia", (4th ed., p. 506). In the Berubari Case [1960] 3 S.C.R. 250, 281-282 it was argued that the preamble to the Constitution clearly postulates that like the democratic republican form of government, the entire territory of India is beyond the reach of Parliament and cannot be affected either by ordinary legislation or even by Constitutional amendment, but the Court said: "it is not easy to accept the assumption that the first part of the preamble postulates a very serious limitation on one of the very important attributes of sovereignty itself". This case directly negatived any limitation of what is generally regarded as a necessary and essential attribute of sovereignty on the basis of the objectives enshrined in the preamble. 1682. Story's view of the function of the preamble, that it is a key to open the mind of the makers, as to the mischiefs which are to be remedied and the objects which are to be accomplished by the provisions of the Act or a Constitution is not in dispute. There is also no dispute that a preamble cannot confer any power per se or enlarge the limit of any power expressly given nor can it be the source of implied power. Nor is it necessary to join issue on the proposition that in case of ambiguity of the enacting part, an unambiguous preamble may furnish aid to the interpretation of the enacting part.

Result 7
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 624
Relevancy Score: 74.1
   
   
   

On account of the difference between the fundamental rights adopted in one country and those adopted in another country, difficulty was experienced by our Constitution-makers in selecting provisions for inclusion in the chapter on fundamental rights (see in this connection Constitutional Precedents III Series on Fundamental Rights p. 25 published by the Constituent Assembly of India). 1524. Reference has been made on behalf of the petitioners to the Preamble to the Constitution and it is submitted that the Preamble would control the power of amendment. Submission has also been made in the above context that there is no power to amend the Preamble because, according to the submission, Preamble is not a part of the Constitution but "walks before the Constitution". I am unable to accept the contention that the Preamble is not a part of the Constitution. Reference to the debates of the Constituent Assembly shows that there was considerable discussion in the said Assembly on the provisions of the Preamble. A number of amendments were moved and were rejected. A motion was thereafter adopted by the Constituent Assembly that "the Preamble stands part of the Constitution" (see Constituent Assembly debates, Vol. X, p. 429-456). There is, therefore, positive evidence to establish that the Preamble is a part of the Indian Constitution. In view of the aforesaid positive evidence, no help can be derived from the observations made in respect of other Constitutions on the point as to whether preamble is or is not a part of the Constitution. Apart from that, I find that the observations on p. 200-201 in Craise on Statute Law Sixth Edition show that the earlier view that preamble of a statute is not part thereof has been discarded and that preamble is as much a part of a statute as its other provisions. 1525. Article 394 of the Constitution shows that the said article as well as Article 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 came into force at once, i.e. on 26th day of November 1949 when the Constitution was adopted and enacted and the remaining provisions of the Constitution would come into force on the 26th day of January, 1950 "which day is referred to in this Constitution as the commencement of this Constitution".

Result 8
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 25
Relevancy Score: 73.75
   
   
   

The Union Constitution Committee provisionally accepted the Preamble as drafted by B.N. Rao and reproduced it in its report of July 4, 1947 without any change, with the tacit recognition at that stage that the Preamble would be finally based on the Objectives Resolution. In a statement circulated to members of the Assembly on July 18, 1947 Pandit Jawaharlal Nehru inter alia, observed that the Preamble was covered more or less by the Objectives Resolution which it was intended to incorporate in the final Constitution subject to some modification on account of the political changes resulting from partition. Three days later, moving the report of the Union Constitution Committee for the consideration of the Assembly, he suggested that it was not necessary at that stage to consider the draft of the Preamble since the Assembly stood by the basic principles laid down in the Objectives Resolution and these could be incorporated in the Preamble in the light of the changed situation(Shiva Rao's-Framing of India's Constitution-A study- pp. 127-128 (also see footnote 1 p. 128). The suggestion was accepted by the Assembly and further consideration of the Preamble was held over. 97. We need not consider the intermediate drafts, but in the meantime the declaration (See Constituent Assembly Debates, Vol. 8, page 2) was adopted at the end of April, 1949 by the Government of the various Commonwealth countries and the resolution was ratified by Constituent Assembly on May 17; 1949 after two days' debate. 98. In the meantime the process of merger and integration of Indian States had been completed and Sardar Vallabhbhai Patel was able to tell the Constituent Assembly on October 12, 1949, that the new Constitution was "not an alliance between democracies and dynasties, but a real union of the Indian people, built on the basic concept of the sovereignty of the people(Shiva Rao's-Framing of India's Constitution-A study-pp. 130- 132). 99. The draft Preamble was considered by the Assembly on October 17, 1949. Shiva Rao observes that "the object of putting the Preamble last, the President of the Assembly explained, was to see that it was in conformity with the Constitution as accepted.

Result 9
Supreme Court of India
Janhit Abhiyan vs Union Of India
Honourable Judges The Justice, Dinesh Maheshwari, S. Ravindra Bhat, Ms. Trivedi, J.B. Pardiwala
Date of Judgment: 07 Nov 2022
Segment Number (Approximate Page Number): 70
Relevancy Score: 73.62
   
   
   

The only one of the four objectives which is directly incorporated in any Article is “Justice, social, economic and political”, for Art. 38 provides: “The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.” (italics supplied) And Art. 39 amplifies the concept of justice by providing that the State shall in particular (that is, especially) direct its policy towards securing the objectives set out of Clauses (a) to (f) of that Article.”44 61. The Preamble to our Constitution sets the ideals and goals which the makers of the Constitution intended to achieve. Therefore, it is also regarded as ‘a key to open the mind of the makers’ of the Constitution which may show the general purposes for which several provisions in the Constitution are enacted. In Kesavananda, the Preamble is held to be a part of the Constitution. Further, in State of Uttar Pradesh v. Dr. Dina Nath Shukla and Anr.: (1997) 9 SCC 662, the Preamble is held to be a part of the Constitution and its basic structure. The Preamble indicates the intent of the makers of the Constitution ‘to secure to all its citizens: JUSTICE, social, economic and political…’ In V.N. Shukla’s Constitution of India, the significance of the expressions occurring in the Preamble and their sequence has been highlighted in the following words: - 43 Constituent Assembly Debates, Vol VII, p. 494. 44 H.M. Seervai, ‘Constitutional Law of India, A Critical Commentary’, 4th Edition, (1991- reprinted 1999) at p. 280. “….the Constitution makers sought to secure to citizens of India justice- social, economic and political; liberty of thought, expression, belief, faith, and worship; equality of status and of opportunity, and to promote among the people of India, fraternity, assuring the dignity of the individual and the unity and integrity of the nation. Although the expressions “justice”, “liberty”, “equality”, “fraternity” and “dignity of the individual” do not have fixed contents and may not be easy to define, they are not without content or as mere platitudes. They are given content by the enacting provisions of the Constitution, particularly by Part III, the Fundamental Rights; Part IV, the Directive Principles of State Policy; Part IVA, the Fundamental Duties; and Part XVI, Special Provisions Relating to Certain Classes. Special attention has been drawn to the sequence of these values in the Preamble which establishes primacy of justice over freedom and equality and this is what the Constitution does by making special provisions for the weaker and excluded sections of the society, women, children and minorities.”45 61.1. The word ‘economic’ is employed more than thirty times in the Constitution.

Result 10
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 29
Relevancy Score: 72.88
   
   
   

995, 1018-1019 1957, Das C.J. while considering the validity of the Kerala Education Bill 1957 observed: In order to appreciate the true meaning, import and implications of the provisions of the Bill which are said to have given rise to doubts, it will be necessary to refer first to certain provisions of the Constitution which may have a bearing upon the questions under consideration and then to the actual provision of the Bill. The inspiring and nobly expressed preamble to our Constitution records the solemn resolve of the people of India to constitute.... (He then sets out the Preamble). Nothing provokes and stimulates thought and expression in people more than education. It is education that clarifies our belief and faith and helps to strengthen our spirit of worship. To implement and fortify these supreme purposes set forth in the preamble, Part III of our Constitution has provided for us certain fundamental rights. 110. In Sajjan Singh v. State of Rajasthan [1965] 1 S.C.R. 933; 968 Mudholkar, J. after assuming that the Preamble is not a part of the Constitution, observed: While considering this question it would be of relevance to bear in mind that the preamble is not of the common run such as is to be found in an Act of a legislature. It has the stamp of deep deliberation and is marked by precision. Would this not suggest that the framers of the Constitution attached special significance to it? 111. Quick and Garran in their "Annotated Constitution of the Australian Commonwealth (1901 p. 283) "adopted the following sentence from Lord Thring's "Practical Legislation, p. 36": A preamble may be used for other reasons to limit the scope of certain expressions or to explain facts or introduce definitions. 112. Thornton on "Legislative Drafting"-p. 137-opines that "construction of the preamble may have effect either to extend or to restrict general language used in the body of an enactment.

Result 11
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 24
Relevancy Score: 72.78
   
   
   

It is in that spirit that I venture to place this Resolution before the House and it is in that spirit that I trust the House will receive it and ultimately pass it. And may I, Sir, also with all respect, suggest to you and to the House that, when the time comes for the passing of this Resolution let it be not done in the formal way by the raising of hands, but much more solemnly, by all of us standing up and thus taking this pledge anew. 95. I may here trace the history of the shaping of the Preamble because this would show that the Preamble was in conformity with the Constitution as it was finally accepted. Not only was the Constitution framed in the light of the Preamble but the Preamble was ultimately settled in the light of the Constitution. This appears from the following brief survey of the history of the framing of the Preamble extracted from the Framing of India's Constitution (A study) by B. Shiva Rao. In the earliest draft the Preamble was something formal and read : "We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution, (Shiva Rao's Framing of India's Constitution-A study-p. 127.). 96. After the plan of June 3, 1947, which led to the decision to partition the country and to set up two independent Dominions of India and Pakistan, on June 8, 1947, a joint sub- committee of the Union Constitution and Provincial Constitution Committees, took note that the objective resolution would require amendment in view of the latest announcement of the British Government The' announcement of June 3 had made it clear that full independence, in the form of Dominion Status, would be conferred on India as from August 15, 1947. After examining the implications of partition the sub-committee thought that the question of making changes in the Objectives Resolution could appropriately be considered only when effect had actually been given to the June 3 Plan.(Special Sub-Committee minutes June 9, 1947. Later on July 12, 1947, the special sub-committee again postponed consideration of the matter. Select Documents II, 20(ii), p. 617. (Shiva Rao's-Framing of India's Constitution-A study-(p. 127 footnote).

Result 12
Supreme Court of India
Indian Young Lawyers Association vs The State Of Kerala
Honourable Judges Chief Justice, Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud, Indu Malhotra
Date of Judgment: 28 Sep 2018
Segment Number (Approximate Page Number): 76
Relevancy Score: 72.22
   
   
   

While defining the content of these principles, the draftspersons laid out a broad canvass upon which the diversity of our society would be nurtured. Forty two years ago, the Constitution was amended to accommodate a specific reference to its secular fabric in the Preamble.1 Arguably, this was only a formal recognition of a concept which found expression in diverse facets, as they were crafted at the birth of the Constitution. Secularism was not a new idea but a formal reiteration of what the Constitution always respected and accepted: the equality of all faiths. Besides incorporating a specific reference to a secular republic, the Preamble divulges the position held by the framers on the interface of religion and the fundamental values of a constitutional order. The Constitution is not – as it could not have been - oblivious to religion. Religiosity has moved hearts and minds in the history of modern India. Hence, in defining the content of liberty, the Preamble has spoken of the liberty of thought, expression, belief, faith and worship. While recognising and protecting individual liberty, the Preamble underscores the importance of equality, both in terms of status and opportunity. Above all, it 1 The Constitution (Forty-second) Amendment, 1976 PART A seeks to promote among all citizens fraternity which would assure the dignity of the individual. 2 The significance of the Preamble lies both in its setting forth the founding principles of the Constitution as well as in the broad sweep of their content. The Constitution was brought into existence to oversee a radical transformation. There would be a transformation of political power from a colonial regime. There was to be a transformation in the structure of governance. Above all the Constitution envisages a transformation in the position of the individual, as a focal point of a just society. The institutions through which the nation would be governed would be subsumed in a democratic polity where real power both in legal and political terms would be entrusted to the people. The purpose of adopting a democratic Constitution was to allow a peaceful transition from a colonial power to home rule. In understanding the fundamental principles of the Constitution which find reflection in the Preamble, it is crucial to notice that the transfer of political power from a colonial regime was but one of the purposes which the framers sought to achieve. The transfer of political power furnished the imperative for drafting a fundamental text of governance. But the task which the framers assumed was infinitely more sensitive. They took upon themselves above all, the task to transform Indian society by remedying centuries of discrimination against Dalits, women and the marginalised. They sought to provide them a voice by creating a culture of rights and a political environment to assert freedom.

Result 13
Supreme Court of India
Devidas Ramachandra Tuljapurkar vs State Of Maharashtra & Ors
Honourable Judges Prafulla C. Pant, Dipak Misra
Date of Judgment: 14 May 2015
Segment Number (Approximate Page Number): 47
Relevancy Score: 72.2
   
   
   

In fact, the freedoms guaranteed or assured by this article become so elusive that are would find it necessary to have a microscope to discover where these freedoms are, whenever it suits the State or the authorities running it to deny them. I would, therefore, repeat that you should bring in the provisions of the whole Constitution, including its preamble, and including all other articles and chapters where the spirit of the Constitution should be more easily and fully gathered than merely in this article, which, in my judgment, runs counter to the spirit of the Constitution.... I also suggest that it would not be enough to enumerate these freedoms, and say the citizen shall have them. I would like to add the words also that by this Constitution these freedoms are guaranteed. That is to say, any exception which is made, unless justified by the spirit of the Constitution, the Constitution as a whole and every part of it included, would be a violation of the freedoms guaranteed hereby. (December 1, 1948)” 64. It is true that Article 19(1)(a) has to be interpreted in a manner by which the fundamental right to “freedom of speech and expression” is nourished. Elaborating the concept, it is urged by Mr. Subramanium that when two interpretations of Article 19(1)(a), one a traditional or restrictive approach and the other a modern/liberal approach are possible, the latter should be adopted, for by adopting the said approach, the fundamental right to freedom of speech and expression is guarded and any attempt to overreach the same is kept in check. 65. Now, we shall refer to the Preamble as it uses the words “liberty of thought and expression” In Kesavanada Bharti v. State of Kerala and Others[68], emphasis has been laid on the preamble of the Constitution and its objectives. Sikri, C.J. in Kesavanada Bharti (supra) observed thus:- “15. I need hardly observe that I am not interpreting an ordinary statute, but a Constitution which apart from setting up a machinery for Government, has a noble and grand vision. The vision was put in words in the preamble and carried out in part by conferring fundamental rights on the people. The vision was directed to be further carried out by the application of directive principles.” 66. Shelat and Grover JJs in their judgment in the said case ruled:- “506. The Constitution-makers gave to the Preamble the pride of place. It embodied in a solemn form all the ideals and aspirations for which the country had struggled during the British regime and a Constitution was sought to be enacted in accordance with the genius of the Indian people. It certainly represented an amalgam of schemes and ideas adopted from the Constitutions of other countries. But the constant strain which runs throughout each and every article of the Constitution is reflected in the Preamble which could and can be made sacrosanct.

Result 14
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 626
Relevancy Score: 71.69
   
   
   

Its true office is to expound the nature, and extent, and application of the powers actually conferred by the Constitution, and not substantively to create them (see para 462). The office of the Preamble has been stated by the House of Lords in Att.-Gen. v. H.R.H. Prince Ernest Augustus of. Hanover. [1957] A.C. 436 In that case, Lord Normand said: When there is a preamble it is generally in its recitals that the mischief to be remedied and the scope of the Act are described. It is therefore clearly permissible to have recourse to it as an aid to construing the enacting provisions. The preamble is not, however, of the same weight as an aid to construction of a section of the Act as are other relevant enacting words to be found elsewhere in the Act or even in related Acts. There may be no exact correspondence between preamble and enactment, and the enactment may go beyond, or it may fall short of the indications that may be gathered from the preamble. Again, the preamble cannot be of much or any assistance in construing provisions which embody qualifications or exceptions from the operation of the general purpose of the Act. It is only when it conveys a clear and definite meaning in comparison with relatively obscure or indefinite enacting words that the preamble may legitimately prevail.... If they (the enacting words) admit of only one construction, that construction will receive effect even if it is inconsistent with the preamble, but if the enacting words are capable of either of the constructions offered by the parties, the construction which fits the preamble may be preferred. 1527. In the President's reference In Re : The Berubari Union and Exchange of Enclaves, [1963] S.C.R. 250 the matter related to the implementation of the agreement between the Prime Ministers of India and Pakistan regarding the division of Berubari Union and for exchange of Cooch-Bihar Enclaves in Pakistan and Pakistan enclaves in India. The contention which was advanced on behalf of the petitioner in that case was that the agreement was void as it ceded part of India's territory, and in this connection, reference was made to the Preamble to the Constitution.

Result 15
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 233
Relevancy Score: 71.44
   
   
   

528 Bhagwati, J. referred to the Preamble in discussing the question of waiver of fundamental right and compared our Preamble to the Preamble to the United States Constitution. The Preamble to the American Constitution is without the Bill of Rights and the Bill of Sights which became part of the United States Constitution substantially altered its character and broadly speaking, differed in no way, in principle, from our fundamental rights. 933. The Preamble is properly resorted to where doubts or ambiguities arise upon the words of the enacting part. If the enacting words are clear and unambiguous, there is little room for interpretation, except the cases leading to an obvious absurdity, or to a direct overthrow of the intention expressed in the Preamble. This is the view of Story. The Preamble can never be resorted to enlarge the powers confided to the general government The Preamble can expound the nature, extent and application of the powers actually conferred by the Constitution and not substantively create them. 934. The decision of this Court in Gopalan case, the Coal Bearing Areas Act case (1962) 1 S.C.R. 44, and State of Rajasthan v. Leela Jain (1965) 1 S.C.R. 276 are that if the language of the enactment is clear the Preamble cannot nullify or cut down the enactment. The Judicial Committee in The Secretary of State for India in Council v. Maharajah of Bobbili I.L.R. 43 Mad. 529 said that the legislature may well intend that the enacting part should extend beyond the apparent ambit of the Preamble or the immediate mischief. See also Attorney General v. Prince Ernest Augustus of Haneyar 1957 A.C. 436. The American decision in Henning Jacobson v. Commonwealth of Massachusetts 197 U.S. 11 indicates that power is not conferred by the Preamble but must be found in the Constitution. 935. The Preamble may be relevant in the case of an ambiguity in an enactment in a statute. A statute does not contain an amending power for the simple reason that the statute can be amended under legislative power. The Attorney General rightly said that the Preamble in a Constitution refers to the frame of the Constitution at the time of the Preamble, and, therefore, it can possibly have no relevance to the constituent power in the future, when that Constitution itself can be changed.

Result 16
Supreme Court of India
Justice K.S.Puttaswamy(Retd) And Anr. vs Union Of India And Ors.
Honourable Judges S Abdul Nazeer, Sanjay Kishan Kaul, D Y Chandrachud, Abhay Manohar Sapre, Rohinton Fali Nariman, R K Agrawal, S A Bobde, J Chelameswar, Jagdish Singh Khehar
Date of Judgment: 24 Aug 2017
Segment Number (Approximate Page Number): 52
Relevancy Score: 71.38
   
   
   

PART I 92 The deficiency, however, is in regard to a doctrinal formulation of the basis on which it can be determined as to whether the right to privacy is constitutionally protected. M P Sharma need not have answered the question; Kharak Singh dealt with it in a somewhat inconsistent formulation while Gobind rested on assumption. M P Sharma being a decision of eight judges, this Bench has been called upon to decide on the objection of the Union of India to the existence of such a right in the first place. I The Indian Constitution Preamble 93 The Preamble to the Constitution postulates that the people of India have resolved to constitute India into a Republic which (among other things) is Sovereign and Democratic 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 of the Nation;…” 94 In Sajjan Singh v State of Rajasthan154, Justice Mudholkar alluded to the fact that the Preamble to our Constitution is “not of the common run” as is the Preamble in a legislative enactment but was marked both by a “stamp of deep deliberation” and (1965) 1 SCR 933 PART I precision. This was suggestive, in the words of the Court, of the special significance attached to the Preamble by the framers of the Constitution. 95 In Kesavananda Bharati v State of Kerala155 (“Kesavananda Bharati”), Chief Justice Sikri noticed that the Preamble is a part of the Constitution. The Preamble emphasises the need to secure to all citizens justice, liberty, equality and fraternity. Together they constitute the founding faith or the blueprint of values embodied with a sense of permanence in the constitutional document. The Preamble speaks of securing liberty of thought, expression, belief, faith and worship. Fraternity is to be promoted to assure the dignity of the individual. The individual lies at the core of constitutional focus and the ideals of justice, liberty, equality and fraternity animate the vision of securing a dignified existence to the individual. The Preamble envisions a social ordering in which fundamental constitutional values are regarded as indispensable to the pursuit of happiness. Such fundamental values have also found reflection in the foundational document of totalitarian regimes in other parts of the world. What distinguishes India is the adoption of a democratic way of life, founded on the rule of law. Democracy accepts differences of perception, acknowledges divergences in ways of life, and respects dissent. (1973) 4 SCC 225 PART I Jurisprudence on dignity 96 Over the last four decades, our constitutional jurisprudence has recognised the inseparable relationship between protection of life and liberty with dignity. Dignity as a constitutional value finds expression in the Preamble.

Result 17
Supreme Court of India
Navtej Singh Johar vs Union Of India Ministry Of Law And ...
Honourable Judges Chief Justice, Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud, Indu Malhotra
Date of Judgment: 06 Sep 2018
Segment Number (Approximate Page Number): 193
Relevancy Score: 70.98
   
   
   

Constitutions are scripts in which people inscribe the text of their professed collective destiny. They write down who they think they are, what they want to be, and the principles that will guide their interacting along that path in the future.368 The Constitution of India was burdened with the challenge of “drawing a curtain on the past”369 of social inequality and prejudices. Those who led India to freedom established into the Constitution the ideals and vision of a vibrant equitable society. The framing of India’s Constitution was a medium of liberating the society by initiating the process of establishing and promoting the shared values of liberty, equality 367 Jawaharlal Nehru, “Tryst with Destiny”, address to the Constituent Assembly of India, delivered on 14-15 August 1947. 368 Uday S. Mehta, “Constitutionalism”, In The Oxford Companion to Politics in India (Niraja Gopal Jayal and Pratap Bhanu Mehta eds.), Oxford University Press (2010), at page 15. 369 Ibid, at page 16. PART L and fraternity. Throughout history, socio-cultural revolts, anti-discrimination assertions, movements, literature and leaders have worked at socializing people away from supremacist thought and towards an egalitarian existence. The Indian Constitution is an expression of these assertions. It was an attempt to reverse the socializing of prejudice, discrimination, and power hegemony in a disjointed society. All citizens were to be free from coercion or restriction by the state, or by society privately.370 Liberty was no longer to remain the privilege of the few. The judgment in Puttaswamy highlights the commitment of the constitution makers, thus: “The vision of the founding fathers was enriched by the histories of suffering of those who suffered oppression and a violation of dignity both here and elsewhere.” 139 Understanding the vision of India at a time when there was little else older than that vision, is of paramount importance for the reason that though the people may not have played any role in the actual framing of the Constitution, the Preamble professes that the Constitution has been adopted by the people themselves. Constitutional historian Granville Austin has said that the Indian Constitution is essentially a social document.371 The Indian Constitution does not provide merely a framework of governance. It embodies a vision. It is goal-oriented and its purpose is to bring about a social 370 Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press (1966), at page 65. 371 Ibid, at page 63. PART L transformation in the country. It represents the aspirations of its framers. The democratic Constitution of India embodies provisions which are value-based. 140 During the framing of the Constitution, it was realized by the members of the Constituent Assembly that there was a wide gap between constitutional precept and reality.

Result 18
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 849
Relevancy Score: 70.85
   
   
   

They should convey the same meaning in Article 368. Accordingly each and every provision of the Constitution including Part III falls within the sway of the amending power. 1945. In re : Barubari Union and Exchange of Enclaves [1960] 3 S.C.R. 250 at page 282 it is said that "the preamble is not a part of the Constitution". This remark cannot assist the argument that a Preamble is not liable to amendment. It seems to me that the Court really intended to say that the Preamble is not enacting part of the Constitution. On October 17, 1949 the Constituent Assembly passed a resolution to the effect that "the Preamble stand part of the Constitution." C.A.D. Vol. X, p. 456. 1946. According to Article 394 that article and Articles 5 to 9, Articles 60, 324, 366, 367, 379, 380, 388 and 391 to 393 came into force on November 26, 1949, while "the remaining provisions of this Constitution" were to come into force on January 26, 1950. It is clear from the phrase "the remaining provisions of this Constitution" that the Preamble also came into force on January 26, 1950. Replying to Sri K. Santhanam's question in regard to the date of the coming into force of the Preamble, Shri Alladi Krishnaswami Ayyar said : "The Preamble will come into force in all its plentitude when the Constitution comes into force." C.A.D. Vol. X, p. 418. 1947. A statute has four parts-title, preamble, enacting clause and purview or body. Crawford : Statutory Construction (1948 Edn.) p. 123 : Sutherland : Statutory Construction (1943 Edn.) Vol. 2, pp. 348-349; Haloburg's : Laws of England, Vol. 36, p. 370, Craies on Statute Law (1963 Edn.) pp. 190 and 201. The Preamble to the Constitution of the United States of America is regarded as a part of the Constitution. Willoughby, Constitutional Law of the United States (1929 Edn.), Vol. I, p. 62. The heading "the Constitution of India" above the Preamble shows that the Preamble is a part of it. 1948. As the Preamble is a part of the Constitution, it is liable to amendment under Article 368. Those parts of the Preamble which operate on the past such as "this 26th day of November, 1949" may perhaps not be capable of miodification. 'Even Jove hath not power on the past'. But there is little doubt that such parts can be deleted by the exertion of the amending power.

Result 19
Supreme Court of India
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr.
Honourable Judges M.H. Beg, N.L. Untwalia, P.N. Bhagwati, P.S. Kailasam, S. Murtaza Fazal Ali, V.R. Krishna Iyer, Y.V. Chandrachud
Date of Judgment: 25 Jan 1978
Segment Number (Approximate Page Number): 139
Relevancy Score: 70.82
   
   
   

The preamble to the Constitution provides that the people of India have solemnly resolved to constitute India into a Sovereign Socialist Secular Democrative 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. 161. Fraternity assuring the dignity of the individual and the unity of the nation. By the article, India is constituted as a Democratic republic and its citizens secured certain rights. While a reading of the article would indicate that the articles are applicable within the territory of India, the question arises whether they are available beyond the territorial limits of India. - 162. Article 12 of the Constitution defines "the State" as including the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Article 13 provides that laws that are inconsistent with or in derogation of Fundamental Rights are to that extent void. Article 13(1) provides that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of Part III shall, to the extent of such inconsistency, be void. What are the laws in force in the territory of India immediately before the commencement of the Constitution that are referred to in the Article will have to be looked into. Before that Article 13(2) may be noticed which provides that the State shall not make any law which takes away or abridges the rights conferred by Part III, and any law made in contravention of this clause shall, to the extent of the contravention, be void. The word "law" in the Article is defined as : (a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; and (b) "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

Result 20
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 625
Relevancy Score: 70.82
   
   
   

Article 394 would thus show that except for sixteen articles which were mentioned in that article, the remaining provisions of the Constitution came into force on the 26th day of January, 1950. The words "the remaining provisions", in my opinion, would include the Preamble as well as Part III and Part IV of the Constitution. It may also be mentioned that a proposal was made in the Constituent Assembly by Mr. Santhanam that Preamble should come into force on November 26, 1949 but the said proposal was rejected. 1526. As Preamble is a part of the Constitution, its provisions other than those relating to basic structure or framework, it may well be argued, are as much subject to the amendatory process contained in Article 368 as other parts of the Constitution. Further, if Preamble itself is amendable, its provisions other than those relating to basic structure cannot impose any implied limitations on the power of amendment. The argument that Preamble creates implied limitations on the power of amendment cannot be accepted unless it is shown that the Parliament in compliance with the provisions of Article 368 is debarred from amending the Preamble in so far as it relates to matters other than basic structure and removing the supposed limitations which are said to be created by the Preamble. It is not necessary to further dilate upon this aspect because I am of the view that the principle of construction is that reference can be made to Preamble for purpose of construing when the words of a statute or Constitution are ambiguous and admit of two alternative constructions. The preamble can also be used to shed light on and clarify obscurity in the language of a statutory or Constitutional provision. When, however, the language of a section or article is plain and suffers from no ambiguity or obscurity, no loss can be put on the words of the section or article by invoking the Preamble. As observed by Story on Constitution, the preamble can never be resorted to, to enlarge the powers confided to the general government, or any of its departments. It cannot confer any power per se; it can never amount, by implication, to an enlargement of any power expressly given. It can never be the legitimate source of any implied power, when otherwise withdrawn from the Constitution.

Result 21
Supreme Court of India
Janhit Abhiyan vs Union Of India
Honourable Judges The Justice, Dinesh Maheshwari, S. Ravindra Bhat, Ms. Trivedi, J.B. Pardiwala
Date of Judgment: 07 Nov 2022
Segment Number (Approximate Page Number): 126
Relevancy Score: 70.71
   
   
   

This Court felt that in the absence of such a stance by the constitutional Court there are clear tendencies that the tumultuous tides of democratic majoritarianism of our country may engulf the constitutional values of our nascent democracy. The judgement in Kesavananda Bharti (supra) is possibly an “auxiliary precaution against a possible tidal wave in the vast ocean of Indian democracy”. …….. But we must have a clear perception of what the Basic Structure is. It is hazardous to define what is the Basic Structure of the Constitution as what is basic does not remain static for all time to come…..” [See : J&K National Panthers Party v. The Union of India & Ors, (2011) 1 SCC 228] 6. The idea of equality is the heart and soul of the Indian Constitution. India achieved independence on the 15th of August, 1947 after a long political struggle in which a number of patriots laid down their lives and countless suffered to secure self-government and to throw off the foreign yoke. But self-government was not an end in itself. It was a means to an end. They struggled and suffered not merely to be ruled by their chosen representatives in the place of foreign rulers, but to achieve the basic human rights and freedom and to secure social, economic and political justice so as to build up a welfare State from which poverty, ignorance and disease may be banished and to lay the foundation of a strong and independent country which may command respect in the world. 7. A Constituent Assembly was formed to draw up a Constitution which was ultimately adopted on the 26th January, 1950. The aspirations of the people are reflected in the Preamble of the Constitution which reads thus:- “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR 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 of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.” 8. The Preamble of our Constitution promises equality, which is explained in detail in Articles 14 and 15 resply as enshrined in Part III of the Constitution. Equality, as contemplated under our constitutional system, is ‘among equal and similarly situated’. Equality in general cannot be universally applied and is subject to the condition and restriction as spelt out in the Constitution itself. The Preamble to the Constitution referred to above does not grant any power but it gives the direction and purpose to the Constitution. It outlines the objective of the whole Constitution. The Preamble contains the fundamentals of the Constitution.

Result 22
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 26
Relevancy Score: 70.51
   
   
   

"Once the transfer of power had taken place the question of British Parliament's subsequent approval which was visualised in the British Cabinet Commission's original plan of May 1946 could no longer arise. The sovereign character of the Constituent Assembly thus became automatic with the rapid march of events without any controversy, and the words in the Preamble "give to ourselves this Constitution" became appropriate. The Preamble was adopted by the Assembly without any alteration. Subsequently the words and figure "this twenty-sixth day of November 1949" were introduced in the last paragraph to indicate the date on which the Constitution was finally adopted by the Constituent Assembly. 100. Regarding the use which can be made of the preamble in interpreting an ordinary statute, there is no doubt that it cannot be used to modify the language if the language of the enactment is plain and clear. If the language is not plain and clear, then the preamble may have effect either to extend or restrict the language used in the body of an enactment. "If the language of the enactment is capable of more than one meaning then that one is to be preferred which comes nearest to the purpose and scope of the preamble." (see Tbibhuban Parkash Nayyar v. The Union of India) [1970] 2 S.C.R. 732- 737. 101. We are, however, not concerned with the interpretation of an ordinary statute. As Sir Alladi Krishnaswami, a most eminent lawyer said, "so far as the Preamble is concerned, though in an ordinary statute we do not attach any importance to the Preamble, all importance has' to be attached to the Preamble in a Constitutional statute". (Constituent Assembly Debates Vol. 10, p. 417). Our Preamble outlines the objectives of the whole Constitution. It expresses "what we had thought or dreamt for so long. 102. In re. Berubari Union and Exchange of Enclaves [1960] 3 S.C.R.

Result 23
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 808
Relevancy Score: 70.39
   
   
   

1857. I think that it is clear from the Preamble as well as the provisions of Parts III and IV of our Constitution that it seeks to express the principle : "Solus Populi Seprema Lex". In other words, the good of the mass of citizens of our country is the supreme law embodied in our Constitution prefaced as it is by the preamble or the 'key' which puts "justice, social, economic and political" as the first of the four objectives of the Constitution by means of which "the people" of India constituted "a sovereign democratic Republic". 1858. A modern democratic Constitution is to my mind, an expression of the sovereign will of the people, although, as we all know, our Constitution was drawn up by a Constituent Assembly which was not chosen by adult franchise. Upon this Constituent Assembly was conferred the legal power and authority, by Section 8 of the Indian Independence Act, passed by the British Parliament, to frame our Constitution. Whether we like it or not, Section 6 and 8 of an Act of the British Parliament transferred, in the eye of law, the legal sovereignty, which was previously vested in the British Parliament, to the Indian Parliament which was given the powers of a Constituent Assembly for framing our Constitution. 1859. The result may be described as the transfer of political as well at legal sovereignty from one nation to another, by means of their legally authorised channels. This transfer became irrevocable both as a matter of law and even more so of fact. Whatever theory some of the die-hard exponents of the legal omnipotence of the British Parliament may have expounded, the modern view, even in Britain, is that what was so transferred from one nation to another could not be legally revoked. The vesting of the power of making the Constitution was however, legally in the Constituent Assembly thus constituted and recognised and not in "the people of India", in whose name the Constituent Assembly no doubt spoke in the Preamble to the Constitution. The Constituent Assembly thus spoke for the whole of the people of India without any specific or direct legal authority conferred by the people themselves to perform this function. 1860. The voice of the people speaking through the Constituent Assembly constituted a new "Republic" which was both "Sovereign and Democratic".

Result 24
Supreme Court of India
Atam Prakash vs State Of Haryana & Ors
Honourable Judges O. Chinnappa Reddy, G.L. Oza, P.N. Bhagwati, R.B. Misra, V. Khalid
Date of Judgment: 27 Feb 1986
Segment Number (Approximate Page Number): 12
Relevancy Score: 70.25
   
   
   

We have already extracted section 15. Section 16 refers to the vesting of the right of pre-emption in the case of an urban immovable property Section 17 prescribes how the right of pre-emption may be exercised where several persons are entitled to such right. Other provisions deal with the procedure to be followed for the exercise of the right of pre-emption. Now, to the question at issue and first, a word about interpretation. Whether it is the Constitution that is expounded or the constitutional validity of a statute that is considered, a cardinal rule is to look to the Preamble to the Constitution as the guiding light and to the Directive Principles of State Policy as the Book of Interpretation. me Preamble embodies and expresses the hopes and aspirations of the people. The Directive Principles set out proximate goals. When we go about the task of examining statutes against the Constitution, it is through these glasses that we must look, 'distant vision' or 'near vision'. The Constitution being sui-generis, where Constitutional issues are under consideration, narrow interpretative rules which may have relevance when legislative enactments are interpreted may be misplaced. Originally the Preamble to the Constitution proclaimed the resolution of the people of India to constitute India into 'a Sovereign Democratic Republic' and set forth 'Justice, Liberty, Equality and Fraternity', the very rights mentioned in the French Declarations of the Rights of Man as our hopes and aspirations. That was in 1950 when we had just emerged from the colonial-feudal rule. Time passed. The people's hopes and aspirations grew. In 1977 the 42nd amendment proclaimed India as a Socialist Republic. The word 'socialist' was introduced into the Preamble to the Constitution. The implication of the introduction of the word 'socialist', which has now become the centre of the hopes and aspirations of the people a beacon to guide and inspire all that is enshrined in the articles of the Constitution -, is clearly to set up a "vibrant throbbing socialist welfare society" in the place of a "Feudal exploited society".

Result 25
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 232
Relevancy Score: 70.16
   
   
   

Therefore, Mr. Seervai rightly contended that the Preamble is an integral part of the status. The Preamble can be repealed (See Craies on Statute 6th Ed. page 200 seq. and Halsbury Laws of England, 3rd Ed. Vol. 36 p. 370). 930. In Gopalan case (1950) S.C.R. 88 an argument was advanced on the Preamble that the people gave themselves guaranteeing to the citizens fundamental rights, and, therefore, the provisions of Part III must be construed as being paramount to the legislative will as otherwise the fundamental rights to life and personal liberty would have no protection against legislative action. Patanjali Sastri, J., said that the high purpose and spirit of the Preamble as well as the Constitutional significance of a declaration of Fundamental Rights should be borne in mind. The language of the provisions, it was said there, could not be stretched in disregard of the cardinal rule of interpretation of any enactment, Constitution or other, that its spirit no less than its intendment should be collected primarily from the natural meaning of the words used. The words "procedure established by law" in Article 21 must be taken to refer to a procedure which had a statutory origin. The word "law" was said not to mean the immutable and universal principle of natural justice. The reasoning given by Patanjali Sastri, J. was "no procedure is known or can be said to have been established by such vague and uncertain concepts as the immputable and universal principles of natural justice". This Court in Gopalan case refused to read due process as an implication of the Constitution. 931. In the Kerala Education Bill 1957 case (1959) S.C.R. 995 Das, C.J. referred to the Preamble and said "to implement and fortify the supreme purpose set forth in the Preamble, Part III of our Constitution has provided for us certain fundamental rights". In the same case, Das, C.J. said "so long as the Constitution stands as it is and is not altered, it is inconceiveably the duty of this Court to uphold the fundamental rights and thereby honour our sacred obligation to the minority community who are of our own". This observation shows that fundamental rights can be amended and the Preamble does not stand in the way. 932. In Basheshar Nath v. The C.I.T. Delhi (1955) Supp. 1 S.C.R.

Result 26
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 122
Relevancy Score: 69.77
   
   
   

In evolving the Fundamental Rights and the Directive Principles, our founding fathers, in addition to the experience gathered by them from the events that took place in other parts of the world, also drew largely on their experience in the past. The Directive Principles and the Fundamental Rights mainly proceed on the basis of Human Rights. Representative democracies will have no meaning without economic and social justice to the common man. This is a universal experience. Freedom from foreign rule can be looked upon only as an opportunity to bring about economic and social advancement. After all freedom is nothing else but a chance to be better. It is this liberty to do better that is the theme of the Directive Principles of State Policy in Part IV of the Constitution. 686. The Objectives Resolution passed by the Constituent Assembly in January 1947, is a definite landmark. It is a precursor to the preamble to our Constitution. It sets out in detail the objectives that were before our Constitution-makers. Those objectives have now been incorporated in the preamble to our Constitution which reads: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN 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 of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 687. From the preamble it is quite clear that the two primary objectives that were before the Constituent Assembly were (1) to constitute India into a Sovereign Democratic Republic and (2) to secure to its citizens the rights mentioned therein. Our founding fathers, at any rate, most of them had made immense sacrifices for the sake of securing those objectives. For them freedom from British rule was an essential step to render social justice to the teeming millions in this country and to secure to one and all in this country the essential human rights. Their Constitutional plan was to build a welfare state and an egalitarian society.

Result 27
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 27
Relevancy Score: 69.39
   
   
   

250, 281-82 this was said about the Preamble: There is no doubt that the declaration made by the people of India in exercise of their sovereign will in the preamble to the Constitution is, in the words of Story, "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, and, as Willoughby has observed about the" preamble to the American Constitution, "it has never been regarded as the source of any substantive power conferred on the Government of the United States or any of its departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted". What is true about the power is equally true about the prohibitions and limitations. 103. Wanchoo, J. in Golaknath v. Punjab [1967] 2 S.C.R. 762; 838 and 914 relied on Berubari's case and said: on a parity of reasoning we are of opinion that the preamble cannot prohibit or control in any way or impose any implied prohibitions or limitations on the power to amend the Constitution contained in Article 368. 104. Bachawat, J. in this case observed: Moreover the preamble cannot control the unambiguous language of the articles of the Constitution, see Wynes, Legislative Executive and Judicial powers in Australia, third edition pp. 694-5; in Re. Berubari Union & Exchange of Enclaves. [1960] 3 S.C.R. 250, 281-82. 105. With respect, the Court was wrong in holding, as has been shown above, that the Preamble is not a part of the Constitution unless the court was thinking of the distinction between the Constitution Statute and the Constitution, mentioned by Mr. Palkhivala. It was expressly voted to be a part of the Constitution. Further, with respect, no authority has been referred before us to establish the proposition that "what is true about the powers is equally true about the prohibitions and limitations." As I will show later, even from the preamble limitations have been derived in some cases. 106. It is urged in the written submission of Mr. Palkhivala that there is a distinction between the Indian Constitution Statute and the Constitution of India. He urges as follows: This Constitution is the Constitution which follows the Preamble.

Result 28
Supreme Court of India
Maneka Gandhi vs Union Of India
Honourable Judges M. Hameedullah Beg, Y.V. Chandrachud, P.N. Bhagwati, V.R. Krishnaiyer, N.L. Untwalia, Syed Murtaza Fazalali, P.S. Kailasam
Date of Judgment: 25 Jan 1978
Segment Number (Approximate Page Number): 181
Relevancy Score: 69.22
   
   
   

The preamble to the Constitution provides that the people, of India have solemnly resolved to constitute India into a Sovereign Socialist Secular Democrative Republic and to secure to all its ciitzens: 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 of the nation. By the article, India is constituted as a Democratic republic and its citizens secured certain rights. While- a reading of the article would indicate that the articles are applicable within the territory of India, the question arises whether they are available beyond the territorial limits of India. Article 12 of the Constitution defines "the State" as including the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Article 13 provides that laws that are inconsistent with or in derogation of Fundamental Rights are to that extent void. Article 13(1) provides, that all laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of Part III shall, to the extent of such inconsistency, be void. What are the laws in force in the territory of India immediately before the commencement ,of the Constitution that are referred to in the Article will have to be looked into. Before that Article 13(2) may be noticed which provides that the State shall not make 'any law which takes away or abridges the rights. conferred by Part III, and any law made in con- travention of this clause shall, to the extent of the contravention, be void. The word "law" in the Article is defined as: (a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; and (b) "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

Result 29
Supreme Court of India
Kesavananda Bharati Sripadagalvaru ... vs State Of Kerala And Anr
Honourable Judges S.M. Sikri, A.N. Grover, A.N. Ray, D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S.N. Dwivedi, Y.V.Chandrachud
Date of Judgment: 24 Apr 1973
Segment Number (Approximate Page Number): 32
Relevancy Score: 69.16
   
   
   

The people therein declare, that their design in establishing it comprehended six objects: (1) To form a more perfect union; (2) to establish justice; (3) to insure domestic tranquillity; (4) to provide for the common defence; (5) to promote the general welfare; (6) to secure the blessings of liberty to themselves and their posterity. It would," he added, "be pleasing and useful to consider and trace the relations, which each of these objects bears to the others; and to show, that, collectively, they comprise every thing requisite, with the blessing of Divine Providence, to render a people prosperous and happy." In Hunter v. Martin (1 Wheat. R. 305, 324), the Supreme Court say, (as we have seen) "the Constitution of the United States was ordained and established, not by the states in their sovereign capacities, but emphatically, as the preamble of the Constitution declares, by the people of the "United States;" and language still more expressive will be found used on other solemn occasions. 122. "The Supreme Court of United States (borrowing some of the language of the Preamble to the Federal Constitution) has appropriately stated that the people of the United States erected their Constitutions or forms of government to establish justice, to promote the general welfare, to secure the blessings of liberty, and to protect their persons and property from violence". (American Jurisprudence, 2d. Vol. 16 p. 184). 123. In the United States the Declaration of Independence is sometimes referred to in determining Constitutional questions. It is stated in American Jurisprudence (2d. 16. p. 189): While statements of principles contained in the Declaration of Independence do not have the force of organic law and therefore cannot be made the basis of judicial decision as to the limits of rights and duties, yet: it has been said that it is always safe to read the letter of the Constitution in the spirit of the Declaration of Independence, and the courts sometimes refer to the Declaration in determining Constitutional questions. 124. It seems to me that the Preamble of our Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. 125. Now I may briefly describe the scheme of the Constitution. Part I of the Constitution deals with "the Union and its Territory".

Result 30
Supreme Court of India
I.C. Golak Nath And Ors. vs State Of Punjab And Anr.
Honourable Judges K. Subba Rao, C.A. Vaidialingam, G.K. Mitter, J.C. Shah, J.M. Shelat, K.N. Wanchoo, M. Hidayatullah, R.S. Bachawat, S.M. Sikri, V. Bhargava, V. Ramaswami
Date of Judgment: 27 Feb 1967
Segment Number (Approximate Page Number): 97
Relevancy Score: 68.95
   
   
   

This social document is headed by a Preamble (PREAMBLE -WF, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure all its citizens; JUSTICE, social, economical 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 of Nation: IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."), which epitomizes the principles on which the Government is intended to function and these principles are later expanded into Fundamental Rights in Part III and the Directive Principles of Policy in Part IV. The former are protected but the latter are not. The former represent the limits of State action and the latter are the obligations and the duties of the Government as a good and social Government. 157. Why was it necessary to have the Fundamental Rights at all and make them justiciable ? As we seem to be forgetting our own history so soon let me say that the answer lies there. The Nationalist Movement and the birth of the Indian National Congress in 1885 were the direct result of the discriminatory treatment of the Indians in their own country. The demand for the guarantee of Fundamental Rights had unfortunately to be made then to a foreign rule and it appeared in the Constitution of India Bill framed by the Indian National Congress ten years later. All that is valuable to an Individual in civilized society, including free speech, imprisonment only by a competent authority, free state education, etc. were claimed therein. Resolutions of the Congress since then reiterated this demand and the securing of Fundamental Rights in any future Constitution became one of the articles of faith. To cut the narration short, the main steps may only be mentioned.

Relevant High Court Judgments
Year From: 1950, Year To: 2024

Result 1
Jammu & Kashmir High Court - Srinagar Bench
Farooq Ahmad Bhat vs State Of J&K; & Another
Honourable Judges Tashi Rabstan
Date of Judgment: 7 September 2018
Segment Number (Approximate Page Number): 14
Relevancy Score: 75.35
   
   
   

The purpose of the Preamble is to clarify who has made the Constitution, what is its source, what is the ultimate sanction 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 gives a direction and purpose to the Constitution. It outlines objectives of the whole Constitution. The words in the Preamble are: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into SOVEREIGN SOCIALIST SECULAR 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 of the Nation." 17. As regards nature of the Indian Polity, the Preamble of the Constitution declares India to be a "Sovereign Socialist Secular Democratic Republic". The term "Sovereign" denotes that India is subject to no external authority and that the State has power to legislate on any subject in conformity with constitutional limitations to preserve sovereignty of the India. The Preamble of the Constitution also enjoins to secure to all citizens of the India justice, liberty, equality, and more particularly assuring the "unity and integrity of the Nation". 18. The Constitution of India, there is no naysaying, is world's best sanctified book.

Result 2
Madras High Court
M/S.Buhari Sons Pvt.Ltd vs The State Of Tamil Nadu
Honourable Judges V.Dhanapalan, M.Duraiswamy
Date of Judgment: 12 June 2014
Segment Number (Approximate Page Number): 120
Relevancy Score: 73.39
   
   
   

The commitment of the Constitution to the social revolution through rule of law lies in the effectuation of the fundamental rights and directive principles as supplementary and complimentary to each other. We can say that the preamble, fundamental rights and directive principles of State policy the Trinity are the conscience of the Constitution. 41. The Constitution of India, having solemn principle and concept, underlined the Preamble as follows : "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR 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 of the Nation ; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,1949, do HEREBY, ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 42. The Preamble to the Constitution forms an important part with the hopes and aspirations of the people of India made on the day when this nation has become republic. The solemn promise is not only to themselves, but also to the coming generations and posterity. The Indian Republic was envisaged in the Preamble as a form of Government of the people, for the people and by the people through their freely elected representatives and thereby found necessary to qualify the sovereignty of the Republic by using the word 'Democratic', which was made explicit by emphasising "liberty of thought, expression, belief, faith and worship and equality of status and of opportunity", which means, an independent sovereign State may well become a people's Government. Similarly, the dignity of the individual in the Preamble to the Constitution emphases the positive aspect, which signifies the word of moral and spiritual import. It implied an obligation on the part of the Union to respect the personality of the citizen and to create conditions in which every citizen would be left free to find individual self-fulfilment. 43. 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.

Result 3
Gujarat High Court
Manager vs Vasantben
Honourable Judges S.J. Mukhopadhaya
Date of Judgment: 31 March 2011
Segment Number (Approximate Page Number): 8
Relevancy Score: 71.83
   
   
   

If we look at our Preamble, which has been recognised, a part of the Constitution in His Holiness Kesavananda Bharati Sripadagalvaru and others vs. State of Kerela and another [AIR 1973 SC 1461], we can discern that as divided in three parts. The first part is a declaration whereby people of India adopted and gave to themselves the Constitution. The second part is a resolution whereby people of India solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic. However, the most vital part is the promise and the promise is 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 of the Nation;" [See Justice R.C. Lahoti, Preamble - The Spirit and backbone of the Constitution of India, Anundoram Barooah Law Lectures, Seventh Series, Eastern Book Company, 2004, at p. 3]." "27. Judges and specially the Judges of the highest Court have a vital role to ensure that the promise is fulfilled. If the Judges fail to discharge their duty in making an effort to make the Preambular promise a reality, they fail to uphold and abide by the Constitution which is their oath of office. In my humble opinion, this has to be put as high as that and should be equated with the conscience of this Court." "28. As early as in 1956, in a Constitution Bench judgment dealing with an Article 32 petition, Justice Vivian Bose, while interpreting the Article 14 of the Constitution, posed the following question : "After all, for whose benefit was the Constitution enacted?" [Bidi Supply Co. vs. Union of India and others, AIR 1956 SC 479 at Para 23, pg. 487]" "29. Having posed the. question, the Learned Judge answered the same in his inimitable words and which I may quote : "I am clear that the Constitution is not for the exclusive benefit of Governments and States; it is not only for lawyers and politicians and officials and those highly placed. It also exists for the common man, for the poor and the humble, for those who have businesses at stake, for the "butcher, the baker and the candlestick maker". It lays down for this land a "rule of law" as understood in the free democracies of the world.

Result 4
Delhi High Court
Management Of Hindustan Times Ltd. vs Aita Ram & Ors.
Honourable Judges Vinod Goel
Date of Judgment: 27 August 2018
Segment Number (Approximate Page Number): 2
Relevancy Score: 71.42
   
   
   

4. The preamble to the Constitution of India says:- WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR 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 of the Nation;" The preamble to Constitution is a part of it and the objective specified in the preamble contain the basic structure of the Constitution as held in Keshavananda Bharati Sripadgalvaru Vs. State of Kerala, AIR 1973 SC 1461. 5. The first part of the preamble is a declaration whereby the people of India adopted and gave to themselves the Constitution. The second part is a resolution whereby people of India solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC. The most vital part is the promise 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 of the Nation;" (Justice R.C.Lahoti, Preamble-The Spirit and Backbone of the Constitution of India, Anundoram Barooah Law Lectures, Seventh Series, Eastern book Company, 2004, at p.3) 6. The judges have a vital role to ensure that the promise contained in the preamble to the constitution is fulfilled. It would not be out of place to refer to Article 38 (I) as under:- "38. State to secure a social order for the promotion of welfare of the people- (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life." This is echoing the preambular promise. It is, therefore, the duty of the judiciary to promote a social order in which justice, social economic and political, informs all the institutions of the national life. 7. This writ petition is an attempt on behalf of the petitioner/management i.e.

Result 5
Bombay High Court
All India Scheduled Castes,S.T.& ... vs Union Of India & 7 Others
Honourable Judges A. B. Chaudhari, P. R. Bora
Date of Judgment: 20 December 2014
Segment Number (Approximate Page Number): 6
Relevancy Score: 69.63
   
   
   

Union of India; 1994 Supp (1) SCC 191, observed thus: 14 wp2296.2249.98.1181.1190.97.odt "One of the objectives of the Preamble of our Constitution is 'fraternity assuring the dignity of the individual and the unity and integrity of the nation. It will be relevant to cite the explanation given by Dr. Ambedkar for the word 'fraternity' explaining that 'fraternity means a sense of common brotherhood of all Indians'. In a country like ours with so many disruptive forces of regionalism, communalism and linguism, it is necessary to emphasis and reemphasize that the unity and integrity of India can be preserved only by a spirit of brotherhood. India has one common citizenship and every citizen should feel that he is Indian first irrespective of other basis. In this view, any measure at bringing about equality should be welcome." 13. The Preamble is the guiding light to the Constitution of India. In the course of debate of Constituent Assembly, Prof. K. P. Shah, who was the first person to raise the point about insertion of fundamental duties in the Constitution, had said that the Constituent Assembly ought to enter fundamental duties of the citizens in the Constitution and that should be treated as of the same vigour and force as that of the fundamental rights included in the Constitution. The Constituent Assembly, however, did not include his suggestion and it is for the first time under the leadership of Bharat Ratna Late Mrs. Indira Gandhi that 15 wp2296.2249.98.1181.1190.97.odt fundamental duties were inserted as Article 51-A by inserting Part IV-A by the Constitution (Forty-Second Amendment) Act, 1976, Section 11 (w.e.f. 3rd January, 1977). Subsequently, by another Constitution (Eighty-Sixth Amendment) Act, 2002, Section 4 (w.e.f. 1st April, 2010) Item (k) to the List of Fundamental Duties under Article 51-A was added. Thus, Fundamental Duties were inserted in the Constitution for the first time w.e.f. 03.01.1977. We quote article 51-A of the Constitution of India, which reads thus: "51A.

Result 6
Allahabad High Court
Aaqil Jamil And 2 Others vs State Of U.P. And Another
Honourable Judges Surya Prakash Kesarwani
Date of Judgment: 19 April 2017
Segment Number (Approximate Page Number): 9
Relevancy Score: 69.01
   
   
   

It was further observed (Per Chandrachud J.) that if there be any un-amendable feature of the Constitution on the score that they form a part of basic structure of Constitution, they are that (i) India is a sovereign democratic republic; (ii) Equality of status and opportunity shall be secured to all its citizens; (iii) The State shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion and that (iv) the nation shall be governed by a Government of laws, not of men. These are the basic pillars of our constitutional philosophy and therefore, the basic structure of the Constitution. In the case of Jacob M. Puthuparambil & Ors Vs. Kerala Water Authority & Ors (1991) 1 SCC 28 (para 8) Hon'ble Supreme Court observed that preamble promises socio-economic justice, the fundamental rights confer certain justiciable socio-economic rights and the Directive Principles fix the socio-economic goals which the State must strive to attain. These three together constitute the core and conscience of the Constitution. In Indra Sawhney Vs. Union of India 1992 Supp. (3) SCC 217 Constitution Bench of Hon'ble Supreme Court held that the preamble to the Constitution is not a mere flourish word but an ideal set up for practice and observance as a matter of law through Constitutional mechanism. 16. In Raghunathrao Ganpatrao Vs. Union of India 1994 Supp. (1) SCC 191 a Constitution Bench of Hon'ble Supreme Court considered the preambles and Articles 14 and 15 and observed that that one of the objectives of the Preamble of our Constitution is 'fraternity assuring the dignity of the individual and the unity and integrity of the nation.' It will be relevant to cite the explanation given by Dr. Ambedkar for the word 'fraternity' that 'fraternity means a sense of common brotherhood of all Indians.' 17. In the case of Kuldip Nayar & Ors Vs. Union of India & Ors (2006) 7 SCC 1 (para 332) a Constitution Bench of Hon'ble Supreme Court held that preamble of the Constitution is an integral part of the Constitution.

Result 7
Bombay High Court
Sonali Pramod Dhawde vs Central Bank Of India
Honourable Judges A.M. Khanwilkar, Mridula Bhatkar
Date of Judgment: 1 April 2013
Segment Number (Approximate Page Number): 21
Relevancy Score: 68.48
   
   
   

Equality of opportunity to all irrespective of their caste, colour, creed, race, religion and place of birth which constitutes one of the core values of the Universal Declaration of Human Rights also forms part of preamble to the Constitution of India, which 7 (2009) 5 SCC 65 sqp /vss 26 of 69 wp-l-2825.2012(J).doc reads as under: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR 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 of the Nation; igIN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION." 18. For achieving various goals set out in the preamble, framers of the Constitution included a set of provisions in Part III with the title "Fundamental Rights" and another set of provisions in Part IV with the title "Directive Principles of State Policy". The provisions contained in Part III of the Constitution by and large contain negative injunctions against State's interference with the fundamental rights of individuals and group of individuals and also provide for remedy against violation of such rights by direct access to the highest Court of the country. Part IV enumerates State's obligation to make policies and enact laws for ensuring that weaker segments (have nots) of the society are provided with opportunities to come up to a level where they can compete with others (haves)." (emphasis supplied).

Result 8
Madras High Court
M/S.Buhari Sons Pvt.Ltd vs The State Of Tamil Nadu
Honourable Judges V.Dhanapalan, M.Duraiswamy
Date of Judgment: 12 June 2014
Segment Number (Approximate Page Number): 127
Relevancy Score: 67.72
   
   
   

The seeds of the theory are to be found in the Preamble to the Constitution. Landmark pronouncements of the Supreme Court in Kesavananda Bharati, AIR 1973 SC 1461, Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1, and Minerva Mills, 1980 (3) SCC 625, bear testimony to this truism. Any amendment of the Constitution is open to judicial review and liable to be interfered with by the Court on the ground that it affects one or the other of the basic features of the Constitution. 63. The Constitution of India is a constitutive document, in keeping with modern constitutional practice, and fundamental to the governance of the country. The people of India have provided a constitutional polity consisting of certain primary organs, institutions and functionaries to exercise the powers provided in the Constitution. No other Constitution combines under its wings such diverse people, numbering now more than one billion, with different languages and religions and in different stages of economic development, into one nation, and no other nation is faced with such vast socio-economic problems. The Constitution cannot be interpreted like an ordinary statute, but as a Constitution, which, apart from setting up a machinery for the Government, has a noble and grand vision, which was put in words in the Preamble and carried out in part by conferring fundamental rights on the people and by the application of Directive Principles. 64. The Preamble of the Constitution of India, the Fundamental Rights and the Directive Principles, constituting a 'Trinity', assure to every person in a welfare State, social and economic democracy, with equality of status and dignity of persons. Political democracy without social and economic democracy would always remain unstable. Social democracy must become a way of life in an egalitarian social order. Economic democracy aids consolidation of social stability and smooth working of political democracy. The Preamble emphatically declares that we have given to ourselves the Constitution with a firm resolve to constitute a sovereign, socialist, secular, democratic, republic, with equality of status and of opportunity to all its citizens. Rule of Law" being our constitutional faith, it is imperative that every governmental institution must observe it, irrespective of any obstacles or odds on its path.

Result 9
Allahabad High Court
Aaqil Jamil And 2 Others vs State Of U.P. And Another
Honourable Judges Surya Prakash Kesarwani
Date of Judgment: 19 April 2017
Segment Number (Approximate Page Number): 7
Relevancy Score: 67.7
   
   
   

14. Hon'ble Supreme Court in the case of A.K. Gopalan Vs. The State of Madras AIR 1950 SC 27 observed that the people of India have in exercise of their sovereign will as expressed in the preamble, adopted the democratic ideals which assures the citizen the dignity of the individuals and other cherished human values as a means to the full evolution and expression of his personality, and in delegating to the legislature, the executive and the judiciary their respective powers in the Constitution, reserved to themselves certain fundamental rights, because they have been re-tained by the people and made paramount to the delegated powers, which has been translated into positive law in Part III of the Indian Constitution, the high purpose and spirit of the Preamble as well as the constitutional significance of a Declaration of Fundamental Rights should be borne in mind in construing a provision of Part III of the Indian Constitution. This declaration is the greatest charter of liberty of which the people of this country may well be proud. The foundation of this republic have been led on the bedrock of justice. 15. In the case of State of Bihar Vs. Sir Kameshwar Singh AIR 1952 SC 252 a Constitution Bench of Hon'ble Supreme Court held that our Constitution has not ignored the individual but has endeavoured to harmonise the individual interest with the paramount interest of the community. In the case of Sajjan Singh Vs. State of Rajasthan AIR 1965 SC 845 a Constitution Bench of Hon'ble Supreme Court (Per Mudholkar J.) observed that if upon a comparison of the preamble with the broad features of the Constitution it would appear that the preamble is an epitome of those features or, to put it differently if these features are an amplification or concretisation of the concepts set out in the preamble. While considering whether the preamble is not a part of the Constitution, it would be of relevance to bear in mind that the preamble is not the common run as such as is to be found in an Act of legislation. It has the stamp of deep deliberation and is marked by precision. Would this not suggest that the framers of the Constitution attached special significance to it?

Result 10
Allahabad High Court
Aaqil Jamil And 2 Others vs State Of U.P. And Another
Honourable Judges Surya Prakash Kesarwani
Date of Judgment: 19 April 2017
Segment Number (Approximate Page Number): 8
Relevancy Score: 67.19
   
   
   

In the case of Golaknath & Ors Vs. State of Punjab & Anr AIR 1967 SC 1643, eleven judges Constitution Bench of Hon'ble Supreme Court (Per Majority) held that preamble contains in a nut shell its ideals and its inspirations. The preamble is not a platitude but the, mode of its realisation is worked out in detail in the Constitution. In the case of His Holiness Kesavananda Bharati Sripadagalvaru Vs. State of Kerala & Anr (1973) 4 SCC 225 a thirteen Judges Constitution Bench of Hon'ble Supreme Court held that preamble of the Constitution is an aid in the Constitutional interpretation. The preamble is meant to embody in every view to well define the key to understanding of the Constitution. It was further held (Per Sikri, CJ.) that the basic structure of the Constitution consist of supremacy of Constitution of the republican and democratic form of government, secured character of the Constitution, separation of powers between legislature, the executive and judiciary, federal character of the Constitution. The above basic structure is build on the basic foundation i.e. the dignity and freedom of the individual. This cannot, by any form of amendment, is destroyed. The above foundation and the basic features are judiciary discernible not only the preamble but the whole scheme of Constitution". It was further observed (Per Jagan Mohan Reddy, J.) that the elements of the basic structure are indicated in the preamble and translated in the various provisions of the Constitution. The edifice of our Constitution is built upon and stands on several props and on removal of any of them, the Constitution collapses. In the case of Smt. Indira Nehru Gandhi Vs. Shri Raj Narain 1975 (Supp) SCC 1 a Constitution Bench, while considering the preamble and basic feature of the Constitution, observed that preamble is source of any basic feature.

Result 11
Jammu & Kashmir High Court - Srinagar Bench
Junaid Amin Wani And Others vs State Of J&K; And Others
Honourable Judges M. K. Hanjura
Date of Judgment: 16 July 2018
Segment Number (Approximate Page Number): 25
Relevancy Score: 66.93
   
   
   

35. The Preamble to the Constitution, as amended by the Constitution (Forty-second Amendment) Act, 1976, proudly proclaims: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR 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 of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION." 36. Part III of the Constitution gives a Constitutional mandate for certain Human Rights, -- called Fundamental Rights in the Constitution -- adapted to the needs and the requirement of a country freed from the foreign rule and desirous of forging a strong and powerful nation capable of taking an equal place among the nations of the world. It also provides a Constitutional mode of enforcing them. Amongst these Rights is the one contained in Article 14, which provides: "14. Equality before law .-- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." 37. Part IV of the Constitution prescribes the 'Directive Principles of State Policy'. These Directive Principles have not received the same Constitutional mandate for their enforcement as the Fundamental Rights have done. In the context of the Welfare State which is the goal of our Constitution, Articles 37 and 38 are important. They are as follows: "37. Application of the Principles contained in this Part.-- The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws."

Result 12
Madras High Court
M/S.Buhari Sons Pvt.Ltd vs The State Of Tamil Nadu
Honourable Judges V.Dhanapalan, M.Duraiswamy
Date of Judgment: 12 June 2014
Segment Number (Approximate Page Number): 121
Relevancy Score: 66.76
   
   
   

Hence, the significance of the Preamble. 44. It is no exaggeration to say that the Preamble to the Constitution of India is its spirit and backbone. The Preamble pervades through and inspires all the provisions of the Constitution. It is also the quintessence 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. 45. The significance of the Preamble is that it contains the fundamentals of our Constitution. The people of India resolved to constitute their country into a sovereign democratic republic. No one can suggest that the words and expressions in the Preamble are ambiguous in any manner. By their true import and connotation, it is well known that no question of any ambiguity is involved. 46. The objectives specified in the Preamble contain the basic structure of our Constitution, which cannot be amended in exercise of the power under Article 368 of the Constitution. The concept relating to "separation of powers among the legislature, the executive and the judiciary" and the fundamental concept of an independent judiciary are now elevated to the level of basic structure of the Constitution and are the very heart of the constitutional scheme. 47. Basic Structure of the Constitution of India consists of the following features: (1) Supremacy of the Constitution; (2) Republican and Democratic form of Government; (3) Secular character of the Constitution; (4) Separation of powers between the legislature, the executive and the judiciary; (5) Federal character of the Constitution. (6) Independence of the Judiciary. Separation of Powers : 48. Of the above basic features, if we see Separation of Powers, the Constitution of India provides for governance of the country by its three essential pillars viz., Legislature, Executive and Judiciary. The principle 'Separation of Powers' deals with the mutual relations among the said three organs of the Government. The doctrine of separation of powers has no place in strict sense in Indian Constitution, but the functions of different organs of the Government have been sufficiently differentiated, so that one organ of the Government could not usurp the functions of another.

Result 13
Jammu & Kashmir High Court - Srinagar Bench
Sanjay Tickoo And Others vs State & Ors
Date of Judgment: 9 October 2013
Segment Number (Approximate Page Number): 11
Relevancy Score: 66.3
   
   
   

It is further resolved to secure to its citizens ; justice ; social, economic and political ; liberty of thought, expression, belief, faith and worship ; equality of status and of opportunity ; and promote among them fraternity and assuring the dignity of individual and unity of the nation. The preamble of the Constitution of India was substituted by Constitution (42nd amendment) Act 1976. In terms of section (2) of the Act of 1976, expression "Sovereign Democratic Republic" was substituted by the expression "Sovereign, Socialist, Secular, Democratic Republic" and in the fraternity part of the preamble of the Constitution, the expression "Unity of the Nation" was substituted by "Unity and Integrity of the Nation". 16/ The very scheme of the constitutional provisions would show that "We the people" constituted India as a country, which guarantees equality before law and equal protection of laws and prohibit discrimination on the grounds of religion, race, caste, sex or place of birth and also provide equality of opportunity in the matters of public employment for all the citizens and it is provided that no citizen shall, on the ground only of religion, race, caste or sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the State. The protection is accorded to all the citizens' to the right to freedom of speech and expression ; to assemble peacefully and without arms ; to form associations or unions ; to move freely through out the territory of India ; to reside and settle in any part of India ; to practice or to carry on any profession, trade or business. These are the promises, which constitute some of the fundamental rights contained in Part III of the Constitution of India in terms of its articles 14, 15, 16, 17, 18 and 19. Article 20 thereof also refers to the expression "no person" and not to a Hindu, Muslim, Sikh , Christian etc. and article 21 also provides that "no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law." Similarly, other provisions of the Constitution, more particularly, appearing in Part III thereof, refer to the person and/or citizen. Article 25 guarantees freedom of conscience and free profession, practice and propogation of religion to all persons.

Result 14
Jammu & Kashmir High Court - Srinagar Bench
Farooq Ahmad Bhat vs State Of J&K; & Another
Honourable Judges Tashi Rabstan
Date of Judgment: 7 September 2018
Segment Number (Approximate Page Number): 13
Relevancy Score: 65.24
   
   
   

To bolster his submissions, learned counsel for petitioner has placed reliance on judgements rendered in Kuso Sah v. The State of Bihar and others AIR 1974 SC 156; Ramesh v. State of Gujarat AIR 1989 SC 1881; Jahangirkhan Fazalkhan Pathan v. The Police Commissioner, Ahmedabad and another AIR 1989 SC 1812; Chhagan Bhagwan Kahar v. N. L. Kalna and others AIR 1989 SC 1234; V. Shantha v. State of Telangana and others AIR 2017 SC 2625; Masarat Alam Bhat v. State of J&K and others 2003 (II) SLJ 570; Mst Zahida v. State of J&K and others 2008 (I) SLJ 245; and Fayaz Ahmad Wani v. State of J&K and others 2013 (I) SLJ 272. 15. Let me first say that the Constitution of India, the precursor of new Indian renaissance, became effective on January 26, 1950. Before advent of the Constitution, India was governed under the Government of India Act, 1935, which became effective in 1937. India was then a part of the British Empire. Sovereignty of British Crown prevailed over the country. It was in exercise of this sovereignty that British Parliament had enacted the Act of 1935. In short, prior to 1947, effective power and control over the Indian Administration lay with the Secretary of State, the Governor-General and the Governors; Indian participation in the government process was miniature and naturally the Indians never felt reconciled to such a dispensation. There, thus, arose an insistent demand for independence which resulted in the setting up of a Constituent Assembly for drafting a Constitution for a free India. The Assembly formally commenced its task of Constitution-making from 9th December 1946, when it held its first meeting. The Constituent Assembly embarked on its work in right earnest and after three years' hard labour, finalised the Constitution of India on November 26, 1949. The fact that the Indian Constitution was drafted in the mid-twentieth century gave an advantage to its makers insofar as they could take cognisance of the various constitutional processes operating in different countries of the world and thus draw upon a rich fund of human experience, wisdom, heritage, social and economic conditions in India. The end result, the Indian Constitution has turned out to be a very interesting and unique document. 16. Unlike the Constitution of Australia, Canada or the USA, the Constitution of India has an elaborate Preamble.

Result 15
Madras High Court
M/S.Buhari Sons Pvt.Ltd vs The State Of Tamil Nadu
Honourable Judges V.Dhanapalan, M.Duraiswamy
Date of Judgment: 12 June 2014
Segment Number (Approximate Page Number): 119
Relevancy Score: 64.93
   
   
   

37. In this context, it is indispensable to refer to Basic Structure of the Constitution of India, in brief, whereupon the entire case on hand dwells. Basic Structure of the Constitution of India :- 38. Constitution of India is the creation of a constituent act and is an extra-ordinary legislation derived direct from the people and acting in their sovereign capacity for setting up the structure of the Government. 39. Constitution is a set of laws and rules setting up machinery of the Government of a State which defines and determines the relation between the different institutions and areas of Government, the executive, legislature and the judiciary, the central, the State and the local government. A Constitution is a source of jurisprudential fountain head from which other laws must flow and it must grow with the growth of the nation with the philosophical and cultural advancement of the people who gave birth to it. The Constitution of India is one such document which is the longest of its kind representing the political, economic and social ideals and aspirations of the vast majority of Indian people. The ideals intended to be achieved by the provisions of the Constitution were preceded by immense sacrifices and the Constitution could not be a source for the destruction of these ideals. It is a constituted document keeping with modern constitutional practice, and fundamental to the governance of the country. The people of India have provided a constitutional polity consisting of certain primary organs, institutions and functionaries to exercise the powers provided in the Constitution. All powers belong to the people are entrusted by them to specified institutions and functionaries. This is enshrined in our Preamble with a statement of the Constitution. 40. Except the Indian Constitution, no other Constitution in the world combines under its wings such diverse peoples with different nations, religious, culture and in different stages of economic development into one nation and no other nation is faced with such vast socio-economic problems. It is a noble and grand vision carried out in part by conferring fundamental rights on the people. Legislature, Executive and Judiciary have been created and constituted to serve the people.

Result 16
Uttarakhand High Court
Rural Litigation And Entitlement ... vs State Of Uttarakhand And Others
Honourable Judges Ramesh Ranganathan, R.C. Khulbe
Date of Judgment: 9 June 2020
Segment Number (Approximate Page Number): 16
Relevancy Score: 64.78
   
   
   

It is the function of the State to secure to its citizens "social, economic and political justice", to preserve "liberty of thought, expression, belief, faith and worship", and to ensure "equality of status and of opportunity", "the dignity of the individuals" and the "unity of the nation". This is what the Preamble of our Constitution says, and that is what is elaborated in the two vital Chapters of the Constitution on fundamental rights and directive principles of State policy. (Bhim Singh v. Union of India[31]). The Preamble is meant to embody, in a very few and well-defined words, the key to the understanding of the Constitution. (Kesavananda Bharati[7]).The Preamble to the Constitution embodies the principle of equality and fraternity, and it is on the basis of these principles that the Constitution recognises only one single class of citizens subject to the provisions made for backward classes, women, children, SC/ST, minorities etc. (Lok Prahari-II[3]). 30. While the importance of the preamble cannot be ignored, it is also well settled that recourse cannot be had to the spirit of the Constitution when its provisions are explicit in respect of certain rights. When the fundamental law (ie the Constitution) has not limited, either in specific terms or by necessary implication, the general powers conferred on the legislature, it is not possible to deduce a limitation from something supposed to be inherent in the spirit of the Constitution. This elusive spirit is no guide in this matter. The spirit of the Constitution cannot prevail as against its letter. (Kameshwar Singh[27]). Further, the spirit of the Constitution should be inferred from some provision, express or implied, of the Constitution itself. (Kameshwar Singh[27]). Courts are not at liberty to declare an Act void because, in their opinion, it is opposed to the spirit supposed to pervade the Constitution, but not expressed in words. It is difficult upon, any general principle, to limit the omnipotence of the sovereign legislative power by judicial interposition except so far as the express words of a written constitution give that authority.(Kameshwar Singh[27]).

Result 17
Calcutta High Court (Appellete Side)
Susmita Saha Dutta vs The Union Of India And Ors
Honourable Judges Rajesh Bindal, I.P. Mukerji
Date of Judgment: 19 August 2021
Segment Number (Approximate Page Number): 61
Relevancy Score: 63.42
   
   
   

The preamble of the Constitution envisaged the collaborative efforts of the people of India and imbibed within itself the word 'democratic republic' to secure its citizens. Our Constitution is a living and breathing document, the longest of its kind envisioning political, economical and social ideas and aspiration of the people of India, which would not have been achieved unless there had been immense sacrifices by the freedom fighters. The idea behind the word 'Republic' before word 'democracy' used in the Preamble of the Constitution connotes unity in diversity to be considered as One. The aforesaid expression conveys mandate of all citizens in securing justice, liberty, equality and the fraternity without any distinction. 103. The first Article of the Constitution naming the country manifests the federal character as the Union of States and reserved the freedom distinct from the Union yet inter-woven with the common thread in preserving the rights of the citizenry uniformly. The first and paramount duty of the State is to establish the rule of law and to avoid the discrimination, suppression and/or deprivation of the citizen of the country. 104. The expression 'to secure' conveys the idea of assurance and confidence into the Government chosen by the citizens of the country. Unless the justice and equality are secured, the other facets of 92 WPA(P)142 of 2021 the constitutionally guaranteed rights would be rendered meaningless and the perception of the framers of the Constitution would be totally shattered. In order to achieve the constitutional aspiration for the governance of the country in collaboration with the three organs/pillars envisaged in the Constitution i.e. the legislature, executive and judiciary, the rule of law is the bedwork and its maintenance is sine qua non to the constitutional scheme. The Constitution further engulfed within itself the election of the person to represent in the federal system to protect their fundamental rights guaranteed under the Constitution. Electing the people to represent the majoritarian mandate is the main pillar of the democracy and peaceful election is the need of the hour. 105. At the advent of the emerging modern democracy, the basic right of the people in exercising their voting rights and choosing the candidate is eminently ubiquitary.

Result 18
Allahabad High Court
Mohammad Ghayas vs State Of U.P. And 3 Others
Honourable Judges Ajay Bhanot
Date of Judgment: 2 December 2019
Segment Number (Approximate Page Number): 21
Relevancy Score: 63.34
   
   
   

The Preamble to the Constitution is not analogous, to a preamble to any legislative enactment. 90. The unique place of the Preamble, in the Constitution came to be noticed very early, in Sajjan Singh v. State of Rajasthan, reported at AIR 1965 SC 845. The Hon'ble Supreme Court found that the Preamble to our Constitution is "not of the common run". Further the Preamble bore the "stamp of deep deliberation" and precision. 91. This feature shines light on the special significance, attached to the Preamble by the framers of the Constitution. The Preamble was held to be a part of the Constitution, by the Hon'ble Supreme Court in Kesavananda Bharati v. State of Kerala, reported at (1973) 4 SCC 225. 92. The words 'life, law and liberty' in Article 21 of the Constitution of India, were freed from the confines of narrow and literal interpretation by the Courts. (See Maneka Gandhi v. Union of India, (1978) 1 SCC 248) 93. A defining moment came when the Hon'ble Supreme Court, liberated "life" from the fetters of mere physical existence. (see Olga Tellis v. Bombay Municipal Corpn. Reported at (1985) 3 SCC 545). 94. Over the years human dignity, has been read into the meaning of life and liberty, under Article 21 of the Constitution of India, by consistent pronouncements of the courts. 95. A broad overview of some of the leading pronouncements of the Hon'ble Supreme Court, elevating human dignity to the status of a fundamental right, are discussed in the succeeding paragraphs. (ii) Supreme Court on human dignity 96. The concept of human dignity forming a part of Article 21, was introduced in Prem Shankar Shukla v. UT of Delhi, reported at (1980) 3 SCC 526. While construing the constitutional rights of prisoners, in Prem Shankar Shukla (supra), Krishna Iyer, J. speaking for a three-Judge Bench of the Hon'ble Supreme Court held: "1. ... the guarantee of human dignity, which forms part of our constitutional culture, and the positive provisions of Articles 14, 19 and 21 spring into action when we realise that to manacle man is more than to mortify him; it is to dehumanise him and, therefore, to violate his very personhood, too often using the mask of "dangerousness" and security. 21. The Preamble sets the humane tone and temper of the Founding Document and highlights justice, equality and the dignity of the individual."

Result 19
Allahabad High Court
Smt. Gurpreet Kaur vs Shri Rajeev Singh
Honourable Judges Shabihul Hasnain, Sheo Kumar Singh-I
Date of Judgment: 18 December 2017
Segment Number (Approximate Page Number): 46
Relevancy Score: 63.28
   
   
   

The Preamble again assures "dignity of individuals" which includes the dignity of women. On the basis of the Preamble, several important enactments have been brought into operation, pertaining to every walk of life - family, succession, guardianship and employment - which aim at providing the protecting the status, rights and dignity of women. Our compassionate Constitution, the Fountain Head of all laws, is gender sensitive. 106. The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them.

Result 20
Allahabad High Court
Satyam Rai vs Banaras Hindu University And 5 Others
Honourable Judges Ajay Bhanot
Date of Judgment: 2 December 2019
Segment Number (Approximate Page Number): 23
Relevancy Score: 63.25
   
   
   

The Preamble to the Constitution is not analogous, to a preamble to any legislative enactment. 99. The unique place of the Preamble, in the Constitution came to be noticed very early, in Sajjan Singh v. State of Rajasthan, reported at AIR 1965 SC 845. The Hon'ble Supreme Court found that the Preamble to our Constitution is "not of the common run". Further the Preamble bore the "stamp of deep deliberation" and precision. 100. This feature shines light on the special significance, attached to the Preamble by the framers of the Constitution. The Preamble was held to be a part of the Constitution, by the Hon'ble Supreme Court in Kesavananda Bharati v. State of Kerala, reported at (1973) 4 SCC 225. 101. The words 'life, law and liberty' in Article 21 of the Constitution of India, were freed from the confines of narrow and literal interpretation by the Courts. (See Maneka Gandhi v. Union of India, (1978) 1 SCC 248) 102. A defining moment came when the Hon'ble Supreme Court, liberated "life" from the fetters of mere physical existence. (see Olga Tellis v. Bombay Municipal Corpn. Reported at (1985) 3 SCC 545). 103. Over the years human dignity, has been read into the meaning of life and liberty, under Article 21 of the Constitution of India, by consistent pronouncements of the courts. 104. A broad overview of some of the leading pronouncements of the Hon'ble Supreme Court, elevating human dignity to the status of a fundamental right, are discussed in the succeeding paragraphs. (ii) Supreme Court on human dignity 105. The concept of human dignity forming a part of Article 21, was introduced in Prem Shankar Shukla v. UT of Delhi, reported at (1980) 3 SCC 526. While construing the constitutional rights of prisoners, in Prem Shankar Shukla (supra), Krishna Iyer, J. speaking for a three-Judge Bench of the Hon'ble Supreme Court held: "1. ... the guarantee of human dignity, which forms part of our constitutional culture, and the positive provisions of Articles 14, 19 and 21 spring into action when we realise that to manacle man is more than to mortify him; it is to dehumanise him and, therefore, to violate his very personhood, too often using the mask of "dangerousness" and security. 21. The Preamble sets the humane tone and temper of the Founding Document and highlights justice, equality and the dignity of the individual."

Result 21
Gujarat High Court
Chief vs Suresh
Honourable Judges H.K.Rathod
Date of Judgment: 26 March 2010
Segment Number (Approximate Page Number): 39
Relevancy Score: 63.03
   
   
   

However, the most vital part is the promise and the promise is 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 of the Nation; (SEE: Justice R. C. Lahoti, Preamble The Spirit and backbone of the Constitution of India, Anundoram Barooah law Lectures, Seventh Series, Eastern Book Company, 2004, at p. 3) 27. Judges and specially the judges of the highest Court have a vital role to ensure that the promise is fulfilled. If the judges fail to discharge their duty in making an effort to make the Preambular promise a reality, they fail to uphold and abide by the Constitution which is their oath of office. In my humble opinion, this has to be put as high as that and should be equated with the conscience of this Court. 28. As early as in 1956, in a Constitution Bench judgment dealing with an Article 32 petition, Justice Vivian Bose, while interpreting the Article 14 of the Constitution, posed the following question: After all, for whose benefit was the Constitution enacted? (Bidi Supply Co. Vs. Union of India and Others AIR 1956 SC 479 at para 23, page 487) 29. Having posed the question, the Learned Judge answered the same in his inimitable words and which I may quote: I am clear that the Constitution is not for the exclusive benefit of Governments and States; it is not only for lawyers and politicians and officials and those highly placed. It also exists for the common man, for the poor and the humble for those who have businesses as stake, for the butcher, the baker and the candlestick maker . It lays down for this land a rule of law as understood in the free democracies of the world. It constitutes India into a Sovereign Democratic Republic and guarantees in every page rights and freedom to the individual side by side and consistent with the overriding power of the State to act for the common good of all. 30. The essence of our Constitution was also explained by the eminent jurist Palkhivala in the following words: Our Constitution is primarily shaped and moulded for the common man. It takes no account of the portly presence of the potentates, goodly in girth .

Result 22
Allahabad High Court
Anant Narayan Mishra vs The Union Of India And 4 Others
Honourable Judges Ajay Bhanot
Date of Judgment: 2 December 2019
Segment Number (Approximate Page Number): 23
Relevancy Score: 62.85
   
   
   

104. The applicability of human dignity, would be determined in this case, by evolving a workable test or construct of human dignity and self worth applicable to these cases. 105. Human dignity is not inserted in the text of the fundamental rights under the Constitution of India. Human dignity occurs in the Preamble to the Constitution of India. 106. The Preamble to the Constitution, reflects the resolve of the People of India, 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 and Fraternity assuring the dignity of the individual and the unity of the Nation." The Preamble to the Constitution is not analogous, to a preamble to any legislative enactment. 107. The unique place of the Preamble, in the Constitution came to be noticed very early, in Sajjan Singh v. State of Rajasthan, reported at AIR 1965 SC 845. The Hon'ble Supreme Court found that the Preamble to our Constitution is "not of the common run". Further the Preamble bore the "stamp of deep deliberation" and precision. 108. This feature shines light on the special significance, attached to the Preamble by the framers of the Constitution. The Preamble was held to be a part of the Constitution, by the Hon'ble Supreme Court in Kesavananda Bharati v. State of Kerala, reported at (1973) 4 SCC 225. 109. The words 'life, law and liberty' in Article 21 of the Constitution of India, were freed from the confines of narrow and literal interpretation by the Courts. (See Maneka Gandhi v. Union of India, (1978) 1 SCC 248) 110. A defining moment came when the Hon'ble Supreme Court, liberated "life" from the fetters of mere physical existence. (see Olga Tellis v. Bombay Municipal Corpn. Reported at (1985) 3 SCC 545). 111. Over the years human dignity, has been read into the meaning of life and liberty, under Article 21 of the Constitution of India, by consistent pronouncements of the courts.

Result 23
Allahabad High Court
Piyush Yadav vs Union Of India And 6 Others
Honourable Judges Ajay Bhanot
Date of Judgment: 2 December 2019
Segment Number (Approximate Page Number): 19
Relevancy Score: 62.61
   
   
   

82. The applicability of human dignity, would be determined in this case, by evolving a workable test or construct of human dignity and self worth applicable to these cases. 83. Human dignity is not inserted in the text of the fundamental rights under the Constitution of India. Human dignity occurs in the Preamble to the Constitution of India. 84. The Preamble to the Constitution, reflects the resolve of the People of India, 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 and Fraternity assuring the dignity of the individual and the unity of the Nation." The Preamble to the Constitution is not analogous, to a preamble to any legislative enactment. 85. The unique place of the Preamble, in the Constitution came to be noticed very early, in Sajjan Singh v. State of Rajasthan, reported at AIR 1965 SC 845. The Hon'ble Supreme Court found that the Preamble to our Constitution is "not of the common run". Further the Preamble bore the "stamp of deep deliberation" and precision. 86. This feature shines light on the special significance, attached to the Preamble by the framers of the Constitution. The Preamble was held to be a part of the Constitution, by the Hon'ble Supreme Court in Kesavananda Bharati v. State of Kerala, reported at (1973) 4 SCC 225. 87. The words 'life, law and liberty' in Article 21 of the Constitution of India, were freed from the confines of narrow and literal interpretation by the Courts. (See Maneka Gandhi v. Union of India, (1978) 1 SCC 248) 88. A defining moment came when the Hon'ble Supreme Court, liberated "life" from the fetters of mere physical existence. (see Olga Tellis v. Bombay Municipal Corpn. Reported at (1985) 3 SCC 545). 89. Over the years human dignity, has been read into the meaning of life and liberty, under Article 21 of the Constitution of India, by consistent pronouncements of the courts.

Result 24
Madras High Court
Gulab Singh Rana vs The Central Public Information Officer
Honourable Judges S.M.Subramaniam
Date of Judgment: 8 December 2021
Segment Number (Approximate Page Number): 48
Relevancy Score: 62.36
   
   
   

The Preamble is a key to open the mind of the Legislative and proves the board parameters of the enactment which impelled the lawmakers to craft such statutes. The aforesaid preamble is reproduced hereinbelow:- "An Act to provide for setting out the practical regime of right to https://www.mhc.tn.gov.in/judis information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India has established democratic Republic; AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal; NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it." [14] Therefore, in the context of the Preamble, what is evident is that these organisations referred to in Section 24 of the Act have been specifically sought to be taken out of the purview of the Right to Information Act, 2005 in order to protect certain public interests including efficient operations of Government, optimum use of https://www.mhc.tn.gov.in/judis limited resources and preservation of confidentiality of sensitive information.

Result 25
Madras High Court
Gulab Singh Rana vs The Central Public Information Officer
Honourable Judges S.M.Subramaniam
Date of Judgment: 8 December 2021
Segment Number (Approximate Page Number): 48
Relevancy Score: 62.3
   
   
   

The Preamble is a key to open the mind of the Legislative and proves the board parameters of the enactment which impelled the lawmakers to craft such statutes. The aforesaid preamble is reproduced hereinbelow:- "An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India has established democratic Republic; https://www.mhc.tn.gov.in/judis AND WHEREAS democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; AND WHEREAS revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; AND WHEREAS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal; NOW, THEREFORE, it is expedient to provide for furnishing certain information to citizens who desire to have it." [14] Therefore, in the context of the Preamble, what is evident is that these organisations referred to in Section 24 of the Act have been specifically sought to be taken out of the purview of the Right to Information Act, 2005 in order to protect certain public interests including efficient operations of Government, optimum use of limited resources and preservation of confidentiality of sensitive information.

Result 26
Allahabad High Court
Ajay Singh vs Union Of India And 6 Others
Honourable Judges Ajay Bhanot
Date of Judgment: 2 December 2019
Segment Number (Approximate Page Number): 19
Relevancy Score: 62.2
   
   
   

81. The applicability of human dignity, would be determined in this case, by evolving a workable test or construct of human dignity and self worth applicable to these cases. 82. Human dignity is not inserted in the text of the fundamental rights under the Constitution of India. Human dignity occurs in the Preamble to the Constitution of India. 83. The Preamble to the Constitution, reflects the resolve of the People of India, 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 and Fraternity assuring the dignity of the individual and the unity of the Nation." The Preamble to the Constitution is not analogous, to a preamble to any legislative enactment. 84. The unique place of the Preamble, in the Constitution came to be noticed very early, in Sajjan Singh v. State of Rajasthan, reported at AIR 1965 SC 845. The Hon'ble Supreme Court found that the Preamble to our Constitution is "not of the common run". Further the Preamble bore the "stamp of deep deliberation" and precision. 85. This feature shines light on the special significance, attached to the Preamble by the framers of the Constitution. The Preamble was held to be a part of the Constitution, by the Hon'ble Supreme Court in Kesavananda Bharati v. State of Kerala, reported at (1973) 4 SCC 225. 86. The words 'life, law and liberty' in Article 21 of the Constitution of India, were freed from the confines of narrow and literal interpretation by the Courts. (See Maneka Gandhi v. Union of India, (1978) 1 SCC 248) 87. A defining moment came when the Hon'ble Supreme Court, liberated "life" from the fetters of mere physical existence. (see Olga Tellis v. Bombay Municipal Corpn. Reported at (1985) 3 SCC 545). 88. Over the years human dignity, has been read into the meaning of life and liberty, under Article 21 of the Constitution of India, by consistent pronouncements of the courts.

Result 27
Gujarat High Court
Golden vs Learned
Honourable Judges H.K.Rathod
Date of Judgment: 19 April 2011
Segment Number (Approximate Page Number): 42
Relevancy Score: 62.17
   
   
   

However, the most vital part is the promise and the promise is 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 of the Nation;" [See Justice R.C. Lahoti, Preamble- The Spirit and backbone of the Constitution of India, Anundoram Barooah law Lectures, Seventh Series, Eastern Book Company, 2004, at p. 3] 27. Judges and specially the judges of the highest Court have a vital role to ensure that the promise is fulfilled. If the judges fail to discharge their duty in making an effort to make the Preambular promise a reality, they fail to uphold and abide by the Constitution which is their oath of office. In my humble opinion, this has to be put as high as that and should be equated with the conscience of this Court. 28. As early as in 1956, in a Constitution Bench judgment dealing with an Article 32 petition, Justice Vivian Bose, while interpreting the Article 14 of the Constitution, posed the following question: "After all, for whose benefit was the Constitution enacted?" [Bidi Supply Co. vs. Union of India and others - AIR 1956 SC 479 at Para 23, pg. 487] 29. Having posed the question, the Learned Judge answered the same in his inimitable words and which I may quote: "I am clear that the Constitution is not for the exclusive benefit of Governments and States; it is not only for lawyers and politicians and officials and those highly placed. It also exists for the common man, for the poor and the humble, for those who have businesses at stake, for the "butcher, the baker and the candlestick maker". It lays down for this land a "rule lof law" as understood in the free democracies of the world. It constitutes India into a Sovereign Democratic Republic and guarantees in every page rights and freedom to the individual side by side and consistent with the overriding power of the State to act for the common good of all." [Ibid, Emphasis supplied) 30. The essence of our Constitution was also explained by the eminent jurist Palkhivala in the following words: "Our Constitution is primarily shaped and moulded for the common man. It takes no account of "the portly presence of the potentates, goodly in girth".

Result 28
Madras High Court
Dravidar Kazhagam vs The Secretary To Government
Honourable Judges D.Hariparanthaman
Date of Judgment: 13 April 2015
Segment Number (Approximate Page Number): 14
Relevancy Score: 62.16
   
   
   

14.3. The Preamble of the Constitution of India reads as hereunder : WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR 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 of the Nation; 14.4. It is relevant to refer to Article 19(1)(a) and (b) of the Constitution and the same are extracted as hereunder : 19. Protection of certain rights regarding freedom of speech, etc. - (1) All citizens shall have the right - (a) to freedom of speech and expression ; (b) to assemble peacefully and without arms ; 14.5. Article 19(2) and 19(3) enables the State to make laws imposing reasonable restriction on the exercise of the Rights guaranteed under Article 19(1)(a) and (b) of the Constitution to its Citizens. It is, thus, relevant to extract Article 19(2) and (3) of the Constitution : (2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. 14.6. Article 51A (h) of the Constitution of India is as follows : 51A. It shall be the duty of every citizen of India - .... (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; .....

Result 29
Gujarat High Court
Siemens vs Presiding
Honourable Judges H.K.Rathod
Date of Judgment: 13 April 2010
Segment Number (Approximate Page Number): 13
Relevancy Score: 62.06
   
   
   

Therefore, the approach of the courts must be compatible with the constitutional philosophy of which the Directive Principles of State Policy constitute an integral part and justice due to the workman should not be denied by entertaining the specious and untenable grounds put forward by the employer public or private. 26. Judges of the last Court in the largest democracy of the world have a duty and the basic duty is to articulate the Constitutional goal which has found such an eloquent utterance in the Preamble. If we look at our Premable, which has been recognized, a part of the Constitution in His Holiness Kesavananda Bharti Sripadagalvaru and others vs. State of Kerala and another (1973 SC 1461), we can discern that as divide in three parts. The first part is a declaration whereby people of India adopted and gave to themselves the Constitution. The second part is a resolution whereby people of India solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic. However, the most vital part is the promise and the promise is 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 of the Nation; (SEE: Justice R. C. Lahoti, Preamble The Spirit and backbone of the Constitution of India, Anundoram Barooah law Lectures, Seventh Series, Eastern Book Company, 2004, at p. 3) 27. Judges and specially the judges of the highest Court have a vital role to ensure that the promise is fulfilled. If the judges fail to discharge their duty in making an effort to make the Preambular promise a reality, they fail to uphold and abide by the Constitution which is their oath of office. In my humble opinion, this has to be put as high as that and should be equated with the conscience of this Court.

Result 30
Uttarakhand High Court
Rural Litigation And Entitlement ... vs State Of Uttarakhand And Others
Honourable Judges Ramesh Ranganathan, R.C. Khulbe
Date of Judgment: 9 June 2020
Segment Number (Approximate Page Number): 17
Relevancy Score: 61.85
   
   
   

31. The broad concepts of justice, social, economic and political, equality and liberty, thrown large upon the canvas of the Preamble, are moral adjurations with only that content which each generation must pour into them anew in the light of its own experience. An independent judiciary cannot seek to fill them from its own bosom for, if it were to do so, in the end it would cease to be independent. It must be content to stand aside from these fateful battles "as to what these concepts mean", and leave it to the representative of the people. (Kesavananda Bharati[7]). We must, therefore, express our inability to agree with the submission of Dr. Kartikey Hari Gupta, learned counsel for the petitioner, that Act 5 of 2020 is liable to be struck down on the ground that it violates the spirit of the Constitution as referred to in the preamble. 32. The directive principles of State policy set forth the humanitarian socialist precepts that were the aims of the Indian social revolution and, along with the fundamental rights, are designed to be the chief instruments in bringing about the great reforms of the social revolution. (Kesavananda Bharati[7]; and Cornerstone of a Nation (Indian Constitution) by Granville Austin p-75). Article 39 specifies certain principles of policy which are required to be followed by the State. Clause (b) thereof provides that the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good. (Akhil Bhartiya Upbhokta Congress v. State of Madhya Pradesh and Ors.[32]). Socio-economic justice is the arch of the Constitution, and the public resources are to be distributed to achieve that objective. (Victorian Granites (P) Ltd. v. P. Rama Rao and Ors.[33]). 33. Even though the Directive Principles are "non-justiciable", in the sense that they cannot be enforced through a Court, they are declared, in Article 37, as "the principles fundamental in the governance of the country". The mandate of Article 37 is that it shall be the duty of the State to apply these principles in making laws. Primarily the mandate is addressed to the Parliament and the State Legislatures. (Kesavananda Bharati[7]).


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