Make a comparison between the preambles of the US, UK, and other major democracies and the Indian Constitution. Examine the ways that fundamental concepts and ideals are expressed differently and similarly.
Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation. In the United States, the powerRead more
Consequently, judicial review is the authority of the judiciary to declare statutes or the execution of law and policy by the executive to be unconstitutional. While it encourages checks and balances among the three branches of government it varies in implementation.
In the United States, the power judicial review, recognized in * the case of Marbury v. Judicial review (Marbury v. Madison* 1803) has placed the judiciary in a very strong position check on the legislative and executive branches. India’s courts are in the same analogous legal position with ability, the “basic structure doctrine,” to warrant this change as well as guard constitutional legitimacy while simultaneously restraining the legislative branch’s amendment-making capacities. Here, the judicial review of the UK focuses on the procedural regularity of administrative decisions because parliamentary supremacy eliminates the possibility of the declaring primary legislation unconstitutional.
Germany and other civil law nations employ constitutional courts to handle such pure constitutional claims, while the ECJ ensures compliance of its member’s laws with the treaty establishing the union. These systems show various levels and approaches of judicial control.
The control of judicial review regrettably hampering the balance of power. Its effect has been to strengthen the call for accountability and rights but has been blamed for judicial encroachment into the domain of policy formulation – undue judicial interference. In this respect, acting as a guardian of the constitution, judicial review improves governance, while the issues arising out of concerns related to the judiciary in the democratic systems are agitating. It will remain basic in support of the rule of law which facilitates a balance power that can function properly.
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The preamble of the Indian Constitution, adopted on November 26, 1949, 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, eRead more
The preamble of the Indian Constitution, adopted on November 26, 1949, 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 and the unity of the Nation.”
Now, let’s compare this with the preambles of the United States, United Kingdom, and other major democracies:
United States:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
United Kingdom:
“A constitution has no vigour or virtue when applied only to one people. It is but a dead letter except as a rule of civil intercourse between independent nations. But a league formed among sober and equal nations is what generally produces alliance in war and peace and from which results mutual advantage in both.” (No formal preamble)
Canada:
“We, the loyal subjects of Her Majesty Queen Elizabeth II, Head of the Commonwealth, do hereby present this our solemn declaration and promise that we will be faithful and bear true allegiance to Her Majesty King William IV [sic] her heirs and successors.” (No clear expression of core values or principles)
Australia:
“We, the people of Australia,” (The preamble starts with “We” instead of “The people”) “Humbley acknowledging Almighty God whereby the blessings of God are promised to suffering Australia; Have agreed to unite in one indissoluble Federal Commonwealth under the Crown.”
South Africa:
“We, the people of South Africa,” (Similar to Australia’s preamble) “Recognizing the injustices of apartheid; Affirming that South Africa belongs to all who live in it, united in our diversity; Believe that South Africa should be built as a society based on democratic values…; And therefore convened this Constituent Assembly.”
Germany:
“We the German people,” (The preamble starts with “We” instead of “The people”) “united in our commitment to peace, freedom, democracy and justice…; Recognize that peace must be established first among nations; And mindful of our responsibility before God and history…; Have adopted this Basic Law.”
France:
“La République française,” (The preamble starts with “La République française”, referring to France as a republic) “Constituée sur la foi de l’unité et de l’égalité des droits du peuple et de la nation…; A adopté cette Constitution pour assurer l’indivisibilité de la République et la sauvegarde des droits et libertés…”
Russia:
“We all—citizens of Russia—having gathered together on this solemn day…; Recognize that we have been given a great power—the power to create our own destiny…; And we declare that we shall work together towards building a strong, prosperous and just society.”
Comparison:
Similarities: Most preambles start with “We” or “The people” emphasizing the collective identity of the nation.
See lessDifferences: The Indian Preamble explicitly mentions socialism, secularism, democracy, justice, liberty, equality, fraternity, and dignity. Other preambles might mention similar values but with varying emphasis or phrasing.
Regional influences: Some preambles reflect regional or national context. For example:
The Australian preamble acknowledges British heritage.
The German preamble references European Union ideals.
The Russian preamble mentions “creating our own destiny,” reflecting Soviet-era values.
In summary, while there are similarities in structure and phrasing among preambles from different democracies, each reflects unique historical context, cultural background, and national values. The Indian Preamble stands out for its explicit emphasis on socialist secularism and fraternity.