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PREAMBLE (IMPACT OF GLOBALIZATION ON SOVEREIGNTY MENTIONED IN PREAMBLE…
PREAMBLE
IMPACT OF GLOBALIZATION ON SOVEREIGNTY MENTIONED IN PREAMBLE
ACC. TO DAVID HELD : GLOBALIZATION HAS WEAKENED THE IDEA OF NATION STATE AS HIGHEST REPRESENTATIVE BODY
THERE IS RISE IN CONCEPT OF POOLED SOVERIGNITY
IF THERE IS ANY DILUTION OF SOVEREIGNTY IT IS ONLY WITH THE CONSENT OF GOVT. NOT IMPOSED/
INDIA HAS BEEN ACTIVE PARTICIPANT IN FORMULATION OF GLOBAL NORMS
GLOBALIZATION HAS STRENGTH ED INDIA'S CAPACITY
EARLIER INDIA ONLY A IDEOLOGICAL POWER TO ASSERT SOVERIGNITY: NAM
BUT NOW IT HAS EMERGED AS ECONOMIC AND MILITARILY POWER .. IN A BETTER POSITION TO SAFEGUARD TO SAFEGUARD SOVEREIGNTY
GLOBALIZATION EXPECTS NATIONS TO ACT IN CONCERT WITH EACH OTHER AND MORE RESPONSIBLE USE OF SOVERIGNITY
PREAMBLE AS AID TO INTERPRETATION OF CONS.
IN 1950 AK GOPLAN CASE
SC REJECTED THE VIEW THAT PREAMBLE CAN BE USED AS A "GUIDING STAR" IN INTERPRETAION OF CONS.
SC HELD THAT PREAMBLE TO BE USED FOR INTER. ONLY WHERE THERE IS LACK OF CLARITY
IN BERUBARI INION CASE
SC AGAIN HELD PREAMBLE FOR INTERPRETATION ONLY TO BE USED WHERE TERMS ARE AMBIGUOUS
SO PREAMBLE IS NEITHER SOURCE OF POWER OR SOURCE OF PROHIBTION... ONLY IF IT IS NOT EXPLICITELY GIVEN
KEASVANANDA BHARTI CASE
SC HELD THAT PREAMBLE FURNISH VALUABLE INFO. SO CONS. TO BE INTERPRETED IN LIGHT OF PREAMBLE
PREAMBLE AS HOROSCOPE OF CONS. K. M MUSH
FROM A HOROSCOPE WE CAN ANALYSE PAST PRESENT AND FUTURE . KM MUNSHI CALLS PREAMBLE A HOROSCOPE IN IN THIS LIGHT
PREAMBLE ALSO DESCRIBES WHAT IT STRIVE TO ACHIEVE(FUTURE IDEALS):
UNITY AND INTEGRITY OF NATION + DIGNITY OF INDIVIDUAL
PREAMBLE TELL ABOUT FUNDAMENTAL QUALITIES OF INDIAN CONS.
INDIA AS SOVERIGN, DEMOCRATIC AND REPUBLIC
QUES. PREMBLE AS PART OF CONS.
BERUBARI UNION CASE 1960
SC HELD THAT PREAMBLE NOT PART OF CONS. :arrow_double_down:
IT TOOK PRECEDENT OF USA WHERE PREAMBLE IS NOT PART OF CONS.
KESAVANANDA BHARTI CASE:
SC HELD THAT IT OVERLOOKED THE FACT ASSOCIATED WITH THE PREAMBLE THAT IT WAS PASSED BY CA BY A MOTION
SUGGESTING PART OF A CONS.
SC ALSO CLARIFIED SINCE IT IS PART OF CONS. IT CAN BE AMENDED
SC HELD THAT PREAMBLE OF INDIA DOESN'T WALK BEFORE CONS. AS IN CASE OF USA
IN INDIA IT WALK WITH THE CONS. - HIGHLIGHTING THE FACT IT WAS ADOPTED BY CONS. ASSEM IN THE LAST
SO AS TO ENSURE HARMONY B/W MAIN TEXT AND IDEAL PREAMBLE CAN BE AMENDED