The courts apply the doctrine of severability or separability to separate the valid portion of the law from the invalid portion. All existing laws are continued to be valid till courts declares them to be in conflict with fundamental right and therefore void. The president of India who is the executive head of the state is elected by the people though indirectly who holds office for a term of five years. The constitution ensures equal freedom to all religions. This may result in the adoption of a new constitution, a constitutional amendment, or a law. Their explanations, questions and concepts follow in the later part of each post.
The word was added by the 42nd Amendment Act 1976 during the emergency. The essence of justice is the attainment of the common good. A is based on popular sovereignty in the U. The ideal of justice implies a system where individuals can realize their full potentialities. The external sovereignty of India means that it can acquire foreign territory and also cede any part of the Indian territory, subject to limitations if any imposed by the constitution. The word Secularism was also inserted into the preamble by the 42nd amendment act 1976.
In this sense, western concept of secularism is negative, that means against all religion in state affairs. The Preamble contains the fundamentals of the constitution. The Preamble highlights some of the fundamental values and guiding principles on which the constitution is based. All the power emanates from the people and the political system will be accountable and responsible to the people. It embraces psychological as well as territorial dimensions of National Integration. Though India became a sovereign country on 26 th January, 1950, having equal status with the other members of the international community, she decided to remain in the Commonwealth of Nations.
India being a multilingual and multi-religious state, the unity and integrity of the nation can be preserved only through a spirit of brotherhood that pervades the entire country, among all its citizens, irrespective of their differences. The constitution is not based on the mandate of several states which constitute the units of the Union. The Preamble to the Indian Constitution declares the aims and objectives of the Constitution and for that matter of the Indian Union itself. Our first Prime Minister and a member of the Constituent Assembly Pt. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits so reasonable restrictions have also been provided in the Constitution. It is generally used to solve the territorial disputes. Our basis of discussion will be the Constitution of India.
The court laid down that the preamble would not be resorted to if the language of the enactment contained in the constitution was clear. The Preamble to the Indian Constitution states the object which the Constitution seeks to establish and promote, and also aids the legal interpretation of the Constitution where the language is found ambiguous. In these cases, the Supreme Court has emphasized the importance of liberty for progress, and has observed that the judiciary must act as guardians of the liberties of the people, protecting them against executive, or even legislative arbitrariness or despotism. The proper function of preamble is to explain and recite certain facts which are necessary to be explained and recited, before the enactment contained in an act of Parliament could be understood. For instance, it is on the basis of the preamble to the French Constitution, mentioning the solemn regard of the French Republic towards the principles set forth in the 1789 Declaration of the Rights of Man and of the Citizen, that the Constitutional Council has declared certain laws to be unconstitutional. The people enjoy equal political rights.
Importance of Preamble in Indian Constitution Indian constitution has a preamble attached to it. Liberty of faith and worship is designed to strengthen the spirit of secularism. The exercise of the sovereignty is to be done in a democratic way with a view to reaching the goal of socialism. The constitution must be interpreted in a broad and liberal sense. It usually states, or professes to state, the general object and meaning of the legislature in passing the measure. Constitution has recognized the existence of rights in every man.
It represents the entire constitution in its written words. Whether there is any financial assistance given by the State and if so what is the magnitude of such assistance. Under social equality, everyone has equal status and opportunities. Union of India 1944 : The S. Its stability and strength is the envy of the different constitution of the world.
It is however, noteworthy that these rights were incorporated in the constitution by a number of amendments effected after the constitution was promulgated. Justice Gajendragadkar delivered the unanimous opinion of the Court. This fraternity is not an independent ideal but a resultant of the successful realization of important ideas listed earlier. The Committee claimed that they had tried to embody in it the spirit, and as far as possible, the language of the Objectives Resolution. Such powers are expressly granted in the body of Constitution. The view of some writers is that this death should be included under the right of personal liberty.