Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... purposes" (page 22).1156. roger sherman hoar in his book on "constitutional conventions-their nature, powers and limitations", speaking of the american constitution as the one based upon popular sovereignty, says:the federal constitution was ordained and established by the people of the united states" (u.s. constitution, preamble) and guarantees to each of the several states "a republican form of ..... government" (u.s. constitution, article iv). this means, in other words, a ..... state, in this context, relating to this subject matter, what is the true meaning of that word?"we shall first deal with the preamble in our constitution. the constitution makers gave to the preamble the pride of place. it embodied in a solemn form all the ideals and aspirations for which the country had struggled during the british regime ..... article 14 and article 19 guarantee.1233. the guarantee of equality contained in article 14 has incorporated the principle of "liberty" and "equality" embodied in the preamble to the constitution. the prohibition is not only against the legislatures but also against the executive and the local authorities. two concepts are inherent in this guarantee-one of 'equality .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : (1986)ILLJ145AP
..... significance to our legal system. today, it is an accepted proposition of our constitutional law that the preamble to our constitution is itself an integral part of the constitution. the decision of the supreme court in kesavananda bharai's case is a refutation of the old theory that looks down upon the constitutional preamble as some what of a sleep-walker. as a part of the ..... constitution, preamble will enjoy the same legal status and significance as other parts of the constitution do. it, therefore, becomes necessary to ascertain the legal significance of the preamble declaring india to be a socialist democratic republic. what is the ..... significance of the addition of the word 'socialist' in the preamble to our constitution addressing itself to somewhat a similar .....Tag this Judgment!
Court : Patna
..... like reservation can be granted in favour of weaker sections, detriment to the rest of the citizens, is a settled principle. justice, political and social are enshrined in the preamble of the constitution of india. the definition 'political', though laid down in different manner, one of such definition as laid down in corpus juris is : '.......in a generic sense, 'political' means ..... or not, various factors are to be taken into note. it is well settled that the principle of reservation is a special transitional provision, mainly meant for weaker sections. the preamble of constitution while guaranteed justice, political, social, the principle of distributive justice cannot be ignored. it is also to be seen as to in making such provision of reservation, in the ..... court of law, there being no such prohibition. such being the position, even if wrong citation of provision has been made in the preamble portion of panchayat act, 1993, the constitution of gram kutchery, as made under part vi of panchayat act, 1993 cannot be declared to be illegal.in state of u.p. v. pradhan sangh kshettra samittee, air ..... democracy, democratic republic, political justice, equality of of status, as well as, opportunity having been made part of preamble of constitution of india, specifically, they being guided by articles 14, 15, 40, 325 and 326, they are the basic structure of indian constitution. the counsel relied on the definition of basic structure as laid down by supreme court in keshvananda bharti's .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1992AP310
..... not placed any material to show that the state is encouraging any such religious practices. the word 'secular' appears only in the preamble of the constitution, though secularism pervades the constitutional provisions. the word 'secularism' is not defined in the constitution. in webster's dictionary 'secular' is described as a 'view of life, or of any particular matter based on the premise ..... has no right to convert the state from its policy of secularism into 'atheism', which is contrary to the provisions of the constitution.4. the preamble to the constitution of india says,'we, the people of india, having solemnly resolved to constitute india in a sovereign socalalist secular democratic republic and to secure to all its citizens: justice, social, economic and political; ..... the petitioner is granted, it will infringe the rights of crores of indians, which are granted to them under art. 25 of the constitution and will run directly contrary to the secular objectives of the preamble to the constitution, which is one of us basic structures. it would deprive a large section of the people of their right of thought, expression, ..... and the unity and integrity of the nation. the supreme court in kesavananda laid down that the preamble to the constitution is of extreme importance and the constitution should be read and interpreted in the light of the noble and grand vision expressed in the preamble.5. the people of india are given the liberty of thought, expression, belief, faith and worship. .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1991)99PLR606
..... and ors., (1986-1)89 p l r 329 (s. c.) emphasised the significance of principle of social democratic republic as embodied in the preamble of the constitution. considering the preamble of the constitution and article 14 of the constitution, the supreme court struck down the provisions of section 15 of the punjab pre-emption act so far as it granted right of pre-emption ..... as they cannot retain the same and; per force, they must sell it. this approach is wholly contrary to the present concept of socialist democratic republic enshrined in the preamble of the constitution. we must find ways and means to accommodate people, so that they are provided shelter. the subordinate judge did not keep in view that according to the modern architecture ..... , provision of rule 14 which bans partition of the property by metes and bounds are arbitrary, unreasonable, capricious and contrary to the objects given in the preamble of the constitution and directive principles of state policy. the provisions of rule 14 deny to the citizens tight to reasonable residence because the property cannot be divided by metes and bounds so, ..... should have a second look on these rules and make necessary changes in them, so that they may conform to the provisions of the preamble, directive principles of state policy and the fundamental rights' enshrind in the constitution. in the neighbouring urban area of panchkula, the haryana urban development authority have allowed more and more area for construction purposes on the plots .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; 2SCR644
..... of our republic to face these challenges one after another has proved the peoples' faith in the political philosophy of socialism, secularism and democracy enshrined in the preamble of our constitution. yet, the fact remains that the nation has had from time to time with increasing frequency to combat upheavals occasioned on account of militancy, communal and class ..... beliefs and each religion made its contribution to enrich the composite indian culture as a happy blend or synthesis. our religious tolerance received reflections in our constitutional creed.262. the preamble of the constitution inter alia assures to every citizen liberty of thought, expression, belief, faith and worship. article 5 guarantees by birth citizenship to every indian. no ..... but has also to provide a lead by holding forth the norms for continuity for its orderly march towards an ideal egalitarian social order envisioned in the preamble of the constitution the culture of the law, in the indian democratic republic, should be on secular lines. a balance, therefore, has to be struck to ensure an ..... respective powers with adjustment, understanding and accommodation to render socio-economic and political justice to the people, to preserve and elongate the constitutional goals including secularism.327. the preamble of the constitution is an integral part of the constitution. democratic form of government, federal structure. unity and integrity of the nation, secularism, socialism, social justice and judicial review .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 2SCR365
..... to justice for the people beyond the blinkered rules of 'standing' of british indian vintage. if the center of gravity of justice is to shift, as the preamble to the constitution mandates, from the traditional individualism of locus standi to the community orientation of public interest litigation, these issues must be considered. in that sense, the case before ..... to justice for the people beyond the blinkered rules of 'standing' of british indian vintage. if the center of gravity of justice is to shift, as the preamble to the constitution mandates, from the traditional individualism of locus standi to the community orientation of public interest litigation, these issues must be considered. in that sense, the case before ..... canada have implied that freedom of speech and freedom of the press cannot be abrogated by parliament or provincial legislatures from the words in the preamble to the canadian constitution, i.e. 'with a constitution similar in principle to that of the united kingdom'. examining the submission in that case about implied and inherent limitations on the amending power ..... of current norms and ethos of the society, commitment to democracy and the rule of law, faith in the constitutional objectives indicating his approach towards the preamble and the directive principles of state policy, sympathy or absence thereof with the constitutional goals and the needs of an activist judicial system. these various considerations, apart from professional and functional suitability, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; 1SCR641
..... progressive participation by the state by the time the 1956 resolution was made. this fresh statement of industrial policy took note of the constitutional preamble which, inter alia aimed at securing justice-social, economic and political. articles 38 and 39 were also adverted to so that a ..... directive principles of state policy while decoding the cryptic expression 'public purpose'. even in kameshwar the court referred to article 39 and the preamble to the constitution and the obligation to secure its citizens justice- social, economic and political. the reference, here and there, in the separate judgments ..... equity-loaded legality. a judge is a social scientist in his role as constitutional invigilator and fails functionally if he forgets this dimension in his complex duties.49. the creedal essence of the constitution consists in its preamble, articles. 38, 39(b) and (c), 31 and the bunch of ..... words used with hopeful foresight, not to circumscribe their connotation into contradiction of the objectives inspiring the provision. to be pharisaic towards the constitution through ritualistic construction is to weaken the social-spiritual thrust of the founding fathers' dynamic faith.99. an american political scientist, benjamin twiss ..... articles 31a, 31b and 31c (we do not deem it necessary to refer in this case to the 42nd constitution amendment act).50. our emphasis is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; Supp10SCR585; 111STC467(SC)
..... the seller has to do to absorb higher duty is to include it in its price and pass it on to the consumers?121. if preamble to the constitution and social justice is borne in mind, then it may as well be argued, as karl marx did, that every article of manufacture is ..... in cases where excise duty has been passed on, it will result in a mockery, totally ignoring the other salient features of the constitution and the ground realities. as the preamble states, the constitution was enacted by the people, to secure to all the citizen, justice, political, social and economic. it is fairly settled by ..... the observations in para 29 - clause iii shall also be borne in mind.(c) article 265 should be read along with the preamble and article 39(b) and (c) of the constitution, and so construed in cases where the assessee has passed on the liability to the consumer or third party, he is not ..... re-structuring of our society - the goal being what is set out in part-iv of the constitution and, in particular, in articles 38 and 39. indeed, the aforesaid words in the preamble constitute the motto of our constitution. if we can call it one. article 38 enjoins upon the state to 'strive to promote the ..... counsel for the union of india, sri k. parasaran, brought to our notice the following portion of the preamble and article 39(b) and (c) of the constitution to contend that article 265 of the constitution cannot be construed in a vacuo or isolation, but should be construed in the light of the basic principles .....Tag this Judgment!
Court : Mumbai
..... object sought to be achieved by the incorporation of the word ??socialist ? in the preamble of the constitution of india. 2. petitioners have relied upon the following words of dr.b.r.ambedkar before the constituent assembly on or about 15 november 1948:- ??what should be ..... the word ??socialist ? in the preamble of constitution of india, as may be decided in the present proceedings. (iv) to restrain and refrain the respondents from suggesting, supporting and espousing actions and inactions contrary to the ..... the union of india and six political parties: (i) to define the word ??socialist ? in the preamble of the constitution of india. (ii) to declare and interpret the true and correct definition and meaning of the word ??socialist ? in the preamble of the constitution of india. (iii) to direct the respondents to abide by the true and correct definition and meaning of ..... ....... 4. learned counsel for petitioners submits that once the word ??socialist ? has been added to the preamble, respondents cannot take any action or inaction contrary to the object sought to be achieved by incorporation of the word ??socialist ? in the preamble of the constitution of india. learned counsel submits that decision like disinvestment government holdings in public sector undertakings would run counter .....Tag this Judgment!