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Salient Features of Indian Constitution & Preamble M I Complementary Course BA Kerala University

Salient Features of the Indian Constitution and Preamble MODULE -I BA SEM-II POLTICAL SCIENCE AND PHILOSOPHY GOVERNMENT AND POLITICS KERALA UNIVERSITY COMPLEMETATY COURSE Introduction Salient Features of the Indian Constitution Preamble: Significance and Importance In Berubari Union case the Supreme Court held that the preamble had never been regarded as the source of any substantive power conferred on the government or on any of its departments. The court further explained that “what is true about the powers is equally true about the prohibitions and limitations”. It, therefore, observed that the preamble had limited application. The court laid down that the preamble would not be resorted to if the language of the enactment contained in the constitution was clear. However, “if the terms used in any of the articles in the constitution are ambiguous or capable of two meanings, in interpreting them some assistance may be sought in the objectives enshrined in the Preamble.” In State of Rajasthan v. Basant Nahata it was held that a preamble with an ordinary Statute is to be resorted only when the language is itself capable of more than one meaning and not when something is not capable of being given a precise meaning as in case of public policy. In Kesavananda Bharati case the Supreme Court attached much importance to the preamble. In this case, the main question before the Supreme Court related to the scope of amending power of the Union Parliament under Article 368 of the Constitution of India. The Supreme Court traced the history of the drafting and ultimate adoption of the Preamble. Chief Justice Sikri observed, “No authority has been referred before us to establish the propositions that what is true about the powers is equally true about the prohibitions and limitations. Even from the Preamble limitations have been derived in some cases. 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.” NOTE LINK https://docs.google.com/document/d/1i... Previous video link    • An introduction to political science   Introduction to political science