Preamble: The Spirit and Backbone of the Constitution of India

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Preamble: The Spirit and Backbone of the Constitution of India

Genres: Constitutional Law, Legal Fiction,

Preamble: The Spirit and Backbone of the Constitution of India by Justice R.C. Lahoti

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Book Overview

Overview:

This seventh book in the Anundorum Barooah Law Lectures Series provides the reader with a concise overview of the Preamble to the Indian constitution. 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. Hence, the significance of the Preamble. It is no exaggeration to say that the Preamble to the constitution of India is its spirit and backbone. Ever since the day it was adopted by the Constituent Assembly it has enabled the Constitution to stand erect- neither bending nor breaking.

This work deals with the making of the Preamble, its enforcement, the subsequent amendments, and its role in context to the constitution and the judiciary. The learned author has successfully handled the varied aspects of the Preamble in a precise and structured manner. A separate chapter deals with the words and phrases used in the Preamble. The author gives authoritative interpretation of the keywords which occur in the Preamble, supporting his views by citing court cases wherever required.

Also, the epilogue of the book makes interesting reading due to its informative nature. The author has provided a glimpse into the preambles in the constitution of other countries of the world and also illustrated articles (which are similar in nature to the preamble) from constitutions of those countries, which do not have a preamble.

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Overview:

This seventh book in the Anundorum Barooah Law Lectures Series provides the reader with a concise overview of the Preamble to the Indian constitution. 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. Hence, the significance of the Preamble. It is no exaggeration to say that the Preamble to the constitution of India is its spirit and backbone. Ever since the day it was adopted by the Constituent Assembly it has enabled the Constitution to stand erect- neither bending nor breaking.

This work deals with the making of the Preamble, its enforcement, the subsequent amendments, and its role in context to the constitution and the judiciary. The learned author has successfully handled the varied aspects of the Preamble in a precise and structured manner. A separate chapter deals with the words and phrases used in the Preamble. The author gives authoritative interpretation of the keywords which occur in the Preamble, supporting his views by citing court cases wherever required.

Also, the epilogue of the book makes interesting reading due to its informative nature. The author has provided a glimpse into the preambles in the constitution of other countries of the world and also illustrated articles (which are similar in nature to the preamble) from constitutions of those countries, which do not have a preamble.

Table Of Contents:

I. INTRODUCTION Introduction 1

II. PREAMBLE : Text of the Preamble 3

Three Parts of the Preamble 3

Crafting of the Preamble 5

What was not included in the Preamble 13

Amendment in the Preamble 18

Constitutional Validity of Forty-Second Amendment Amendments in the Preamble put in 21 Criticism of the Preamble and its amendment 22

III. PROLOGUE TO THE PREAMBLE The objectives resolution 26

IV. PREAMBLE, IF A PART OF THE CONSTITUTION

V. ROLE OF THE PREAMBLE

VI. INTERPRETATIONAL VALUE OF THE PREAMBLE

                   Preamble as interpreter of the Constitution 63
                   Preamble as an aid to interpretation-
                   -of other statutes 74
                   International documents/treaties as aid
                   to interpretation of the Preamble 77

VII. WORDS AND PHRASES IN THE PREAMBLE

VIII. PREAMBLE - SOURCE OF BASIC STRUCTURE

                   Doctrine 108

IX. PREAMBLE FOR JUDICIARY AND JUDGES

X. ECHO OF THE PREAMBLE ELSEWHERE

XI. EPILOGUE

SCHEDULE A

SCHEDULE B

APPENDIX

SUBJECT INDEX

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