PREAMBLE AS A TOOL FOR CONSTITUTIONAL INTERPRETATION: A COMPARATIVE ANALYSIS

Abstract

As Said by Coke the Preamble is an excellent means to understand the statute as it opens the doors to understand the mind-set of the makers of the constitution. It plays a great role in constitutional adjudication and design. This study is mainly going to analyse the way of looking at preambles. It is also going to comparatively analyse how the Preamble is being used both in the United States of America and India. It is going to analyse how the Courts in the United States of America have lagged behind in giving the Preamble the role it deserves but India have gone ahead and recognized Preamble as a part of the Basic Structure of the constitution. It is also going to discuss the legal power of preambles where it is going to comparatively analyse the legal force given to preambles in India, the United States of America, Nepal, France, and Germany etc... It is also going to discuss the Consolidative power which the Preamble has. The paper also envisages the idea that Preamble be made a part of the constitution and be given force and also play an active role in adjudication of Constitutional disputes and have a final say in adjudication if there is obscurity in Constitutional provisions. It also asks for better and advanced study in this subject in law schools so that students get an idea of the ideals and values on which our preamble is based.