The Preamble to the 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.
The ideals embodied in the Objectives Resolution is
faithfully reflected in the preamble to the Constitution, which, as amended in
1976, summaries the aims and objects of the Constitution.
Text of the Preamble : “ We, the people of India having solemnly
resolved to constitute India into a Sovereign
Socialist Secular Democratic Republic and to secure to all citizens Justice, social, economic and political; Liberty of thought, expression,
belief, faith and worship Equality of status and of opportunity; and promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity
of the Nation in our Constituent Assemble on this twenty and integrity of the
Nation in our Constituent Assemble on this twenty sixth day of November 1949,
do hereby adopt, enact and give to ourselves this constitution.”
The Preamble specifies the source of authority, i.e. people
of India, the system of Government, the objectives to be attained by the
political system and the date of adaptation and enactment of the Constitution.
Though, the Preamble is not enforceable in a court of law,
it provides a key to the understanding and interpretation of the Constitution.
In case of doubt, the Supreme Court has referred to the
Preamble to elucidate vague aspects of the Constitution.
In the Berubari, case, the Supreme Court held that the
Preamble was not part of the Constitution, but later, in the Keshavananada
Bharti case, it declared that it was part of the Constitution.
Lapse of
Paramountcy
When the Indian Independence Act 1947, was passed it
declared the lapse of suzerainty (paramountcy) of the crown, in sec 7(i) (b) of
the Act.
As from the appointed day- the suzerainty of his Majesty
over the Indian States lapses, and with it, all treaties and agreements in
force at the date of the passing of this Act between His Majesty and the rules
of Indian States, all functions exercisable by His Majesty at the date with respect to Indian States,
all obligations of His Majesty existing
at that date towards Indian states or
the rulers thereof, and all powers , rights , authority, or jurisdiction
exercised by His Majesty at that date in or in relation to Indian States by
treaty, grant, usage, sufferance or otherwise…
Of thestatesituated within the geographical boundaries of
the Dominion of India, all (numbering 552) save Hyderabed, Kashmir, Bahawalpur,
Junagarh and the N.W.F. (North West Frothier ) states (Chitral, phulra, Dir,
Swat and Amb) had acceded to the Dominion of Indian by the 15th August
, 1947, i.e. before the ‘appointed day’ itself.
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