ROLE OF PREAMBLE IN INTERPRETING THE CONSTITUTION
This article was written by Shrishti Pandey, a student of New Law College, Bharti Vidyaa Peeth Deemed University, Pune.
TABLE OF CASES
Chandra Bhava Boarding and Lodging, Banglore v. State of Mysore…………………. AIR 1970 SC 2043
I.C. GolakNath v. State of Punjab……………………………………………………… AIR 1967 SC 1643
KeshvanandaBharti v. State of Kerala…………………………………………………. AIR 1973 SC 1461
Maneka Gandhi v. UOI………………………………………………………………….. AIR 1978 SC 597
State of Kerala v. N.M. Thomas………………………………………………………… AIR 1976 SC 490
Pathumma v. State of Kerala…………………………………………………………….. AIR 1978 SC 771
Minerva Mills Ltd. V. UOI…………………………………………………………….. AIR 1980 SC 1789
Waman Rao v. UOI……………………………………………………………………… AIR 1981 SC 271
Randhir Singh v. UOI……………………………………………………………………. AIR 1982 SC 879
Waman Rao v. UOI……………………………………………………………………… AIR 1981 SC 271
Randhir Singh v. UOI……………………………………………………………………. AIR 1982 SC 879
P.A.Imandar v. State of Maharastra……………………………………………………… (2005) 6 SCC 537
Apparel Export Promotion Council v. A.K. Chopra…………………………………… AIR 1999, SC 625
State of Punjab v. Ram Lughbhaya Bagga…………………………………………….. AIR 1998 SC 1703
INTRODUCTION
After the attainment of independence the people of India were looking for a government of their own to fulfill the aspirations they had cherished during the freedom struggle. As the leaders had promised that after the independence India will have a government based on the ideas of democracy and justice, it was hence, necessary to give a proper shape to these ideas and ideals. These were enshrined by the Constituent Assembly in the Constitution of India.
The Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfillment. So much so, an organic, not pedantic, approach to interpretation, must guide the judicial process. The healing art of harmonious construction, not the tempting game of hair-splitting promoters the rhythm of the rule of Law.
Preamble has interpretational value which can be divided into three branches. Here in this project I have focused on the role of Preamble in interpreting the Fundamental Rights and Directive Principles and how the Judiciary has helped in getting the same and to help the state in reaching the goal as enshrined in the Preamble.
Scope and Objective of Study
In this project report there is brief introduction to the meaning of preamble, and object and scope of the Preamble. Project covers the judicial interpretation of content of preamble and various amendments to constitution. There is detail study of interpretational value of preamble i.e. role of preamble in interpretation of statutes. But I have limited my scope only to the Fundamental Rights and DPSP of the Constitution. How the Preamble has played an important role in interpreting these two parts and what the Judiciary has interpreted it.
Literature Review
- Seervai,H.M., Constitutinal Law of India, Volume I, 4th Edition, Universal Law Publishing Co., New Delhi, 2011
- Singh, Mahendra Pal, V.N. Shukla’s Constitution of Indian, 12th Edition, Eastern Book Company, Lucknow, 2013.
This book provides a Precise and yet a lucid account of rationale in scores of leading decisions of the Supreme Court of India is the chief strength to its text.
- Baruah, Aparjita, Preamble of the Constitution of India, Deep & Deep Publications Pvt. Ltd., New Delhi, 2007
This book provides a refreshing and comprehensive coverage of the Indian Preamble. It incorporates the bottom line and benchmark of constitutionalism. The judicial conclusions, the materialization of the preamble, the legislative responses and the international human rights implications of the preamble. It brings on the limelight to the Preamble which had remained hidden and unexplored in other books. Covers all the main aspects on the topic and helped me with my project topic.
Research Methodology
The data presented here have been collected from various secondary sources and the doctrinal method of research has been adopted which has been showed in the chapterisation.
Mode of Citation: Blueblook 19th Ed.
The Preamble of the Constitution
The Preamble reads:
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][11]of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Meaning of Preamble
Preamble means a preliminary or introductory statement, especially attached to a statute or constitution setting forth its purpose[1].Preamble is introductory part of the Constitution. The constitution of India opens with Preamble. The Preamble to a constitution is expected to embody the fundamental value and the philosophy on which the constitution is based and the aims and objectives which the founding fathers enjoined the polity to strive to achieve. Therefore, it is also regarded as the key to open the mind of the makers of the Constitution which may show the general purposes for which they made several provisions in the Constitution[2]. For these reasons the Preamble is also a legitimate aid in the interpretation of the provisions of the Constitution. It expresses “what we thought or dreamt for so long”[3]. It can be said that the constitution embodies a solemn form of all the ideas and aspirations for which the country had struggled during the British regime[4]. In simple words the Preamble serves as an introduction to the Constitution and highlights in brief the basic ideas for which the constitution stands and what the frames of the Constitution sought out to achieve for the citizens of India.
The Preamble to Indian constitution is based on “Objective Resolution” of Nehru. Jawaharlal Nehru introduced objective resolution on December 13, 1947 and it was adopted by Constituent assembly on 22 January 1947.
The drafting committee of the assembly in formulating the Preamble in the light of “Objective Resolution” felt that the Preamble should be restricted to defining the essential features of the new state and its basic socio-political objectives and that the other matters dealt with Resolution could be more appropriately provided for in the substantive parts of the Constitution. The committee adopted the expression ‘Sovereign Democratic Republic’ in place of ‘Sovereign Independent Republic’ as used in the “Objective Resolution,” for it thought the independence was implied in the word Sovereign. The committee added word Fraternity which did not occur in the Objective Resolution. “The committee felt that the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new Constitution should be emphasized by special mention in the Preamble.[5]”In other respect the committee tried to embody in the Preamble “the spirit and, as far as possible, the language of “Objective Resolution.”
The Constitution of India has an elaborate Preamble. The purpose of Preamble is to clarify who has made the Constitution, what is its source, what are ultimate sanctions behind it; what is the nature of the polity which is sought to be established by the constitution and what are its goals and objectives.
The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the constitution. The preamble to an Act sets out the main objectives which the legislation is intended to achieve[6].
Preamble states the objects which our constitution seeks to establish and promote and also aids the legal interpretation of the constitution where language is found ambiguous.[7] For a proper appreciation of aims and aspirations embodied in our constitution, therefore, we must turn to the various expressions contained in the Preamble. Combining the ideals of political, social and economic democracy with that of equality and fraternity, the Preamble seeks to establish what Mahatma Gandhi described as The India of my dreams[8], namely:
“An India, in which the poorest shall feel that it is their country in whose making an effective voice? an India in which all communities shall live in perfect harmony”.
Preamble indicates ultimate source for the validity of and the sanction behind the constitution is will of the people. Thus the source of the Constitution are the people themselves from whom the Constitution derives its ultimate sanction “WE THE PEOPLE”. This assertion affirms the Republican and Democratic character of the Indian polity and Sovereignty of the people. The People of India thus constitute the sovereign political body who hold the ultimate power and who conduct the government of their elected representatives. As regard the nature of the Indian Polity, the Preamble to the Constitution declares India to be ‘Sovereign Secular Democratic Republic.’ As to the grants objectives and socio-economic goals to achieve which the Indian Polity has been established, these are stated in the Preamble.
The proper function of a 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. A Preamble may be used for other reasons, such as, to limit the scope of certain expressions or to explain facts or introduce definitions[9].
The Preamble has been considered to be a good means to find out the intention of a statute, and as it were, a key to its understanding. It usually states, and as it were, a key to its understanding.
Interpretational Value
The Constitution of India is an elaborate document. The edifice of the Constitution has been built upon the concepts crystallized in the Preamble of the Constitution. It sets out the aims and aspirations of the people of India and these have been crystallized, translated into various interrelated provisions of the Constitution. The Preamble of the Constitution of India epitomizes the philosophy underlying the basic rights of the citizens. The objectives which are intended to be secured by the Constitution are set forth in the Preamble. It aims at reaching the ideal of establishing social, economic and political justice for citizens liberty, equality and fraternity. It emphasises the inherent dignity of the individual at the level and the unity and integrity of the nation. For realizing the objectives set out in the Preamble, the Constitution enshrines Fundamental Rights, DPSP and Fundamental Duties in Part III, IV and IV-A respectively.
The Preamble of the Constitution of India promised to secure all its citizens-
“Justice, social, economic and political;
Liberty of thought, expression, belief,
Faith and worship;
Equality of status and opportunity.”
Therefore, it was found essential to provide for a chapter on Fundamental Rights. It had its inspiration from the Magna Carta and English Bill of Rights, the French Revolution and also from the American Bill of Rights. The first demand for Fundamental Rights was made by the INC at its special session held at Bombay in 1918 and confirmed in Karachi Resolution of March 1931. Finally The British Cabinet Mission Plan of 1946 envisaged the setting up of an Advisory Committee for reporting inter alia, on fundamental rights of citizens. It was however, in the Objective Resolution adopted on January 22nd , 1947, that the Constituent Assembly solemnly pledged itself to draft for India’s future governance a Constitution wherein “shall be guaranteed and secured to all of people of India-justice-social, economic and political; equality of status, of opportunity, and worship, vocation, association and action, subject to law and public morality[10].” In the first meeting of the sub-Committee on Fundamental Rights, K.M. Munshi[11] was of the view that the Committee should concentrate on the justiciable rights and the courts should be empowered to issue prerogative writs.
Fundamental Rights
In the list of Fundamental Rights, the first Fundamental Right guaranteed to the people of India is the “Right to Equality”. The concept of equality has been held basic to the rule of law and is regarded as the most fundamental postulate of republicanism. Article 14 guarantees equality before law and equal protection of laws. Article 15 prohibits discrimination on ground of religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in matters of public employment. Article 17 abolishes untouchability among people in the country. Article 18 abolishes title other than military or academic distinctions.
Right to Freedom of spreads over Article 19 to 22 of the Constitution of India. Article 19 is the sum total of the commonplace civil liberties available only to citizens, including the freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India and to practice any profession, or to carry on any occupation, trade or business.
The rights mentioned in Article 19 are available to the citizens subject to reasonable restrictions imposed in the interest 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, in the interest of the general public or for protection of the interest in Scheduled Tribes.
Article 20 poses a triadic bar against ex post facto laws, against double jeopardy and against compelled testimony[12]. Article 21 epitomizes he thought accepted to all civilized nations that deprivation of life and personal liberty can be possible only in accordance with procedure established by law.
While drafting the rights, the Advisory Committee on Fundamental Rights had recommended- “No person shall be deprived of his life, or liberty without due process of law, nor shall any person be denied the equal treatment of the laws within the territories of the Union[13].”
Article 22 of the Constitution of India, 1959 guarantees that arrest of a person shall be soon followed by the disclosure of the grounds of arrest, giving right to the accused to consult and be defeated by a legal practitioner of his choice, and that 24 hours shall not elapse between an arrest and the production of the person arrested to the court of Magistrate.
The twin Articles 23 and 24 under the head ‘Right against exploitation’ prevents forced labour and child labour in particular, and traffic in human beings in general. The right to Freedom of Religion which spreads over the range of Articles 25 to 28, is an exposition of the constitutional secularism, adhered to right from the beginning but accepted in the Preamble since the Constitution (42nd Amendment) Act, 1976. The Articles endorse the inherently secular India, since pluralism sustains and keeps heart of India beating in trying times of a nation. The peculiar features of the two articles enacted as Articles 29 and 30, falling under the caption of cultural and educational rights, is that the headings of these articles are not co-existence with the main caption[14]. The caption denotes the right to culture and education in general. Article 32 and 226 which provides judicial remedy in the event of transgression of Fundamental Rights. Article 32 which guarantees the Right to Constitutional Remedies has stated that the Supreme Court can be directly approached by any aggrieved person for enforcement of any of the Fundamental Rights, and this has made a purposeful departure from the common law principle that action for seeking remedy in respect in respect of any right has to be commenced in nay court of the lowest grade competent to determine it. Indian citizens can seek any remedy directly from the highest court of the land, although it is as good as doors widely opened to every individual, customer at a five star hotel, and thus making the Supreme Court the sentinel on the qui vive with regard to protection of Fundamental Rights.
Directive Principles of State Policy
The Directive Principles set forth in Articles 38 to 51 enshrines the ideals of economic and social democracy. They are the humanitarian socialist precepts which aim at realizing Constitution’s goal of a welfare state and a socialist state and of economic and social justice as visualized by the Preamble[15].
The DPSP contained in Part IV of the Constitution are designed for the achievement of socialist goal envisaged in the Preamble. In particular, clause (I) of Article 38 provides for that the State shall strive to promote the welfare of the people by securing and protecting as effectively as possible the social order in which justice, social, economic and political shall inform all the institutions of the national life. The state apparatus has to run one more extra mile in this direction. Our founding fathers decided chose to reflect Article 38 of the Constitution in the Preamble by aptly, precisely and eloquent expression- “Justice-social, economic and political”.
The Directive Principles enshrined in this Part IV of the constitution aim at making the Indian masses free from socio-economic bondage in positive sense. It ordains the state to promote the welfare of the people by securing and protecting as effectively as it could, a social order in which justice- social, economic and political- shall inform and permeate in all the institutions of national life[16]. In order to accomplish the goal of distributive justice Part IV of the Constitution enumerates the principles[17] of policy to be followed by the state.
Directive Principles exhort the state to ensure that citizens have adequate means of livelihood[18], that the operation of economic system[19] and the ownership and the control of the material resources of the country subserve the common need, that the health of the workers[20] including children is not abused, that the citizens are not forced by the economic necessities to enter avocation unsuited to their age or strength[21]; and that there is equal pay for equal work for both men and women[22] and children are given opportunity and facilities to develop in healthy manner[23], and in conditions of freedom and dignity that childhood and youth are protected against exploitation and moral and material abandonment[24].
Similarly, the state is required to provide for every citizen the right to work[25], to education[26] and public assistance in cases of employment[27], old age, sickness and disablement. Further, the state has been obliged to create an environment for securing just and humane conditions of work and special consideration will be given to pregnant women[28].
Thus, to ignore Part IV is to ignore the sustenance provided in the Constitution[29], the hopes held out to the nation. The very ideals of the Preamble are built upon the edifice of the Constitution of India. Without faithfully implementing the Directive Principles, it is not possible to achieve the goods of welfare state as contemplated by the Constitution. A society like ours steeped in poverty and ignorance cannot realize the benefit of human rights without satisfying the minimum economic needs of every citizen of the country.
Integration of Fundamental Rights and Directive Principles
The message of the Preamble permeates into all tissues of the Constitution, particularly in the Fundamental Rights and Directive Principles, which had been once considered partially exclusive to each other, but are now rendered mutually complementary and re-enforcing by judicial and legislative efforts.
The Preamble, The Directive Principles and the Fundamental Rights constitute the important features of the Constitution of India. The fundamental goals and objectives of the Indian Republic outlined in the Preamble, The DPSP enshrined in Part IV, and the Fundamental Rights guaranteed in Part III of the Constitution, are all mutually interlocked parts of the same constitutional scheme, without any of them vying with another- in superiority, importance and respectability.
As has been clearly put by Justice Despande[30]–
“The democratic socialism spelt out in the Preamble and the DPSP of our Constitution is meant to provide the context in which the fulfillment of the Fundamental Rights has to be achieved. It is the harmonious development which will give life to every part of the constitution for the benefit of the people as a whole.”
The mandate ensured by the Preamble, the Fundamental Rights and the Directive Principles bind all the three organs of the state- the legislature, the executive and the judiciary. The ministers at the centre and in the states, the members of parliament and the state legislatures, the president and vice president of India and the judges of the Supreme Court and the High Courts are all bound by the oath made by them to bear true faith and allegiance to the Constitution[31].
The Preamble contains an epitome of the ideals, aspirations and objectives ‘Hope’ and ‘Destiny’ of the social order within the sovereign, territorially independent republic, established under the Constitution. It has been given the pride of place by the Constitution-makers. It declares that the endeavor and political; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and to promote among them all, fraternity, assuring the dignity of the individual and the unity of the nation.
It is significance to note that the rights of the individuals as proclaimed in the Preamble are limited to liberty of thought, expression, belief, faith and worship, i.e. individual rights, among others.
The other three objectives-justice, equality and fraternity proclaimed therein are primilarly related to the interests of the society i.e. social good. Stress is laid more on social good than individual rights[32]. Social good and individual liberties are juxtaposed in Preamble.
Since the language of the Preamble was taken from the Objective Resolution itself, the declaration in the Preamble that India would be a sovereign democratic republic which would secure to all its citizens- justice, liberty and equality was implemented in Parts III and IV and other provisions of the Constitution.
The emphasis in the scheme of Part III and IV of the Constitution has been laid on attainment of socio-economic justice. Commenting on the aspect, Dr. Gajendragadkar has observed that the philosophy of the Constitution of India as enunciated in these two parts read together is that Indian democracy is committed to make an earnest endeavor to implement the socio-economic principles enunciated in Part IV within the framework of Fundamental Rights guaranteed by Part III[33].
Thus we can see here how the Preamble is helpful in interpreting the provisions of the Constitution itself taking the example of the Fundamental Rights and Directive Principles and in the following we will be able to see how the judiciary interpreted with the help of Preamble the Fundamental Rights and Directive Principles as enshrined in the Constitution of India.
Judicial Interpretation
In 1970, in Chandra Bhavan[34], the court made a more explicit statement on the nature of relationship between the fundamental rights and directive principles: ‘we can see no conflict on the whole between the provisions contained in Part III and Part IV. They are complementary and supplementary to each other.’
As was observed by Hedge and Mukherjea, J.J., in Keshavnanda Bharati: “the Fundamental Rights and Directive Principles constitute the ‘conscience of the constitution’. There is no antithesis between the Fundamental Rights and Directive Principles and one supplements the other[35].”
The court held that the Directive Principles and Fundamental Rights should be construed in harmony with each other and every attempt should be made by the court to resolve any apparent inconsistency between them[36].
The court noted that the purpose of the Directive Principles is to fix certain socio-economic goals for immediate attainment by bringing about a non-violent social revolution[37].
The opinion so expressed was reiterated[38] and followed with approval. Chandrachud, C.J. has observed that the significance of the perception that Parts III and IV together constitute the core of commitment to social revolution and they, together, are the conscience of the Constitution is to be traced to a deep understanding of the scheme of the Indian Constitution.
It has been held[39] that both Fundamental Rights and Directive Principles aim at the same goal of bringing about a social revolution of a welfare state. It is a mandate of the Constitution, addressed not merely to the legislature and the executive only, but also to the courts. In view of this, the courts have the responsibility to interpret the provisions of the Constitution in such a way so as ensure the implementation of the Directive Principles and to harmonise the social objective underlying the Directive Principles with individual rights. The decisional laws have sufficiently evolved the possibility of giving effect to both.
The approach of ‘equal pay for equal work’ was taken by the Supreme Court to expand the scope of Fundamental Rights, especially Articles 14 and 21 and to endow them with a great depth and dimension. The Court expounded principle of ‘equal pay for equal work’ by reading Articles 14 and 16 with the Directive Principles contained in Article 39(d)[40].
In Bandhua Mukti Morcha[41], the Supreme Court read Article 21 with such Directive Principles as Article 39(e) and 39(f) and Articles 41 and 42 in order to secure the release of bonded labour and emancipate them from exploitation. The Court observed-
The right to live with human dignity enshrined in Article 21 derives its life breath from the DPSP and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42[42].
It may be noted that by the Constitution (86th Amendment) Act, 2002 the right to education has become a Fundamental Right. In a very recent case[43], the Supreme Court ruled that it is well accepted by thinkers, philosophers and academicians that if justice-including social, economic and political justice- liberty, equality and fraternity, the golden goals set out in the Preamble of the Constitution are to be achieved, the Indian polity has to be educated and educated with excellence. In this respect, it can be said that interpretation of the constitutional provisions requires help of the Preamble.
By reading together the Articles 21, 47 and 48A, the Supreme Court has been able to take cognizance of problems arising out of environmental pollution[44]. Reading Article 21 with Articles 41 and 47, the court has imposed upon the state an obligation to secure health to its citizens as its primary duty.
If the common origin of the two Parts-III and IV of the Constitution be borne in mind, it would be clear that their objective also is common, namely, to ensure the goal of welfare society envisaged by the Preamble[45]. The Preamble, Fundamental Rights and Directive Principles-the trinity-are the conscience of the Constitution[46].
As stated in the Preamble, the core philosophy of the Constitution lies in social, economic and political justice-one of the principal objectives of the Constitution of India. The Directive Principles, which the Constitution of India commands for execution to state should be fundamental in the governance of the country, require the state to direct its policy towards securing to its citizens adequate means of livelihood. The mandate is as important for the state as to maintain individual freedoms, and, therefore, in the final analysis, it is always a continuous endeavour of a state, having the common good of the people as obligation to harmonise the Fundamental Rights with Directive Principles.
From the standpoint of the Preamble, both the Fundamental Rights and the Directive Principles are means of attaining the objectives which were meant to be served to body of them.
The Preamble commits to all citizens: ‘Justice-social, economic and political’ and ‘Fraternity’. Part IV of the Constitution is an explicit concretization of this vital aspect of the Preamble. This aspect of the Preamble has not been differently addressed to. The mechanism to implement the commitment has been left to the state, i.e. executive only. For this the judiciary has come into play and ensured that the interpretation of provisions are done in the manner as it was intended by the Framers and the goals as stated in the Preamble are fulfilled by the state.
Conclusion
The Preamble remains as the custodian of the ever shifting yet harmonizing mutually re-enforcing Fundamental Rights of individual citizens and the Directive Principles, which are collective basic rights of the citizens in their wholeness. Preamble has envisaged the fulfillment of both the sets of rights in their mutual complimentarity. The two sets are not exclusive of each other, while the Preamble cements the complimentarity to both the provisions.
As of now we know that the Preamble is considered to be a legitimate aid in the interpretation of the provisions of the constitution. For the purpose of interpretation, the Preamble of the Constitution stands on the same footing as the Preamble of an Act[47]. “The Preamble of the statute,” said Coke, “is a good means to find out the meaning of the statute, and as it were key to open the understanding thereof[48].”
The ‘meaning’ and the ‘intention’ of the framers of the Constitution have to be determined from the language of the Constitution itself[49]; a Constitution has to be interpreted in a broad and liberal spirit[50]; the Constitution has to be read in the light of the Government of India Act, 1935 and it is submitted that the analysis of the ‘intention of Parliament’ is helpful in considering the nature of extrinsic aids to construction, particularly the speech of individual members, made in a legislature or in a Constituent Assembly. But it is submitted that contemporaneous exposition may not be applicable to modern statutes[51]; the meaning of the words could be gathered from the contents[52]. An ambiguity must not be created or imagined in order to bring in the aid of the Preamble[53]; and the context could modify the rules of literal construction[54].
The Preamble must not influence the meaning otherwise ascribable to the enacting part unless there is a compelling reason for it: and a compelling reason is not to be found merely in the fact that the enacting words go further than the Preamble has indicated, still less can the Preamble affect the meaning of the enacting words when its own meaning is in doubt[55].
Regarding the use 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. It has been held that 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[56].
BIBLIOGRAPHY
Primary Sources
- The Constitution of India, 1950
- Case Laws Referred
Secondary Sources
Books
- Aparjita Baruha, Preamble of the Constitution of India, Deep & Deep Publications Pvt. Ltd., New Delhi, 2007
- D. Basu, Shorter Constitution Of India, Volume 1, 14th Ed., Lexis Nexis Butterworths Wadhwa Nagpur, (2009)
- P. Singh, Priniciples Of Statutory Interpretation, 11th Ed., Wadhwa And Company Nagpur, (2008)
- HM Seervai, „Constitutional Law Of India‟, Volume 2,4th Ed., Universal Law Publishing Company Pvt. Ltd. (1993)
- P.Jain, Indian Constitutional Law, Th Ed., Lexis Nexis Butterworths Wadhawa Nagpur, (2010)
- M.Bakshi., The Constitution of India, Universal Law Publication, New Delhi, 2013.
- N. Shukla, Constitution of India, Eastern Book Company, Lucknow, 2013.
Articles, Reports and Journals
- Balakrishnan K. G., Constitutional Control Praxis in The Present Day, Brazilian Supreme Court, 2008.
- Baxi Upendra, Rule of Law in India, 2007.
- V.S. Deshpande, ‘People and the Constitution’ in Journal of the Indian Law Institute (JILI), Vol. 16, 1974
Internet Sources
- Legal Theory Blog, http://lsolum.typepad.com/legaltheory/2009/07/legal-theory-lexicon-the-rule-of-law.html, 08.03.2015.
- Constitutional Rights Foundation, http://www.crf-usa.org/bill-of-rights-in-action/bria-26-1-plato-and-aristotle-on-tyranny-and-the-rule-of-law.html, 08.03.2015.
- http://www.mkgandhi.org/momgandhi/chap64.htm, 10.03.2015
- http://www.ambedkar.org/ambcd/63A2.Dr.%20Ambedkar’s%20Entry%20into%20the%20CA.htm, 10.03.2016
[1] Oxford Dictionary of Law, Oxford university Press, New York, p.416
[2] Berubari Union and Exchange of Enclaves, Re , AIR 1960 SC 845, 856: (1960) 3 SCR 250
[3] Sir AlladiKrishnaswami- Constituent Assembly Debates. Vol. 10, 417.
[4] KeshvanandaBharti v. State of Kerala , AIR 1973 SC 1461
[5] http://www.ambedkar.org/ambcd/63A2.Dr.%20Ambedkar’s%20Entry%20into%20the%20CA.htm on 10 Match 2015
[6] Subba Rao. C.J., in I.C. GolakNath v. State of Punjab, AIR 1967 SC 1643
[7] Re Berubari Union, AIR 1960 SC 845
[8] http://www.mkgandhi.org/momgandhi/chap64.htm on 10th March, 2015.
[9]Op. cit., Justice A.S. Anand, B. Shiva Rao, The Framing of India’s Constitution, Selected Document’s, Vol. V, p.105
[10] Para 5 of the Objective Resolution cited in the CAD, Vol.I., p.59
[11] Shailda Chander,, Justice V.R. Krishna Iyer on Fundamental Rights and Directive Principles”, p.59 in S.L. Shakedher (ed.) The Constitution and Parliament in India, National, Delhi, 1976.
[12] Dr. R.G. Chaturvedi, Law of Fundamental Rights, Law Publishing Pvt. Ltd., (1995), p.18
[13] CAD, Vol. III, (April 29,1947), p. 428
[14] Maneka Gandhi v. UOI, AIR 1978 SC 597.
[15] R.S. Sarkar, An approach to the Constitution of India, p. 167
[16] See the Constitution of India, Article 38.
[17] Ibid., Article 39.
[18] Ibid., Article 39(a).
[19] Ibid., Article 39(b) & (c)
[20] Ibid., Article 39(e)
[21] Ibid., Article 39(e)
[22] Ibid., Article 39(d)
[23] Ibid., Article 39(f)
[24] Id.
[25] Ibid., Article 41
[26] Id.
[27] Ibid., Article 42
[28] Id.
[29] Keshavnanda Bharati v. State of Kerala, (1973) 4 SCC p. 503
[30] V.S. Deshpande, ‘People and the Constitution’ in Journal of the Indian Law Institute (JILI), Vol. 16, 1974, p.10
[31] P.G. Gokhale, ‘The Preamble, the Directive Principles and the Fundamental Rights: Parliament’s Role in Conflict Resolution’, pp.66-80 in S.L.Shakdher (ed.), ‘The Constitution and the Parliament in India’ (1976), National, Delhi.
[32] Ibid
[33] Dr. P.B. Gajendragadkar, ‘The Indian Parliament and the Fundamental Rights, pp. 66-67 cited in op.cit., P.G. Gokhle, p.70
[34] Chandra Bhava Boarding and Lodging, Banglore v. State of Mysore, AIR 1970 SC 2043
[35] AIR 1973 SC 1461 at 1641.
[36] State of Kerala v. N.M. Thomas, AIR 1976 SC 490
[37] Pathumma v. State of Kerala, AIR 1978 SC 771
[38] Minerva Mills Ltd. V. UOI, AIR 1980 SC 1789
[39] Waman Rao v. UOI, AIR 1981 SC 271
[40] Randhir Singh v. UOI, AIR 1982 SC 879
[41] AIR 1984 SC 802
[42] Ibid.
[43] P.A.Imandar v. State of Maharastra, (2005) 6 SCC 537.
[44] Apparel Export Promotion Council v. A.K. Chopra, AIR 1999, SC 625
[45] B.N.Rau, India’s Constitution in the Making, 2nd Ed., pp 273-7 cited in D.D. Basu’s Commentary on the Constitution of India (1994), Vol. E., p.121
[46]State of Punjab v. Ram Lughbhaya Bagga, AIR 1998 SC 1703.
[47] Maxwell on the Interpretation of Statutes, 12th Edition, (1969), pp. 6-9
[48] Cited in S.G.G. Edgar, Craies on Statute of Law, (1999), p. 200
[49] H.M.Seervai, Constitutional Law of India, Vol.1, p.172
[50] Ibid., p.173.
[51] Ibid., p.184.
[52] Ibid., p.187.
[53] Ibid., p.189
[54] Ibid., p.190
[55] A.G. v. Princes Ernest Augustus (1957) A.C. 436 cited in S.G.G. Edgar, Op. cit., p.203
[56] Tribhuban Prakash Nayyar v. The Union of India, (1969) 3 SCC 99.
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