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Significance of the Preamble-Philosopy enshrined in the Preamble
Preamble is an introductionary statement. It reflects the ideals and aspirations of Indian national movement. Justice, equality, fraternity and liberty are the core values of the preamble of the Indian constitution.
The philosophy of Indian polity as enshrined in the preamble of the Indian Constitution: The preamble of the Indian Constitution has much significance.
Firstly, the phrase “We the people of India “is a bold declaration of the popular sovereignty. This impression implies that the Constitution of India is not an imposition upon the Indian people by any alien ruler or an enlightened despot. It is the people of India who are the makers of the Constitution.
Secondly, it contains the philosophy of the objective resolution. It also specifies the source of authority and the system of government etc.
Thirdly, preamble is non-justice able in a court of law. As a part of the constitution, it provides a key to unravel the minds of constitution makers. It declares the rights and freedom. Which the people of India aim to secure and type of government and policy to be established. The preamble also christens India as a
soverign, socialist,secular,democratic,republic.The word republic upholds that the head of our state must be an elected president.
Lastly, the significance of the preamble is that it envisages the emotional integration in Indian polity, where it concludes with expression. Fraternity assuring the dignity of the individual and unity and integrity of the nation.
So, the preamble expresses the political, moral, economic and religious values which a constitution is committed to promote.
FORMATION OF NEW STATES
Under Article 3 of the Indian constitution a new state may be formed or established in the following ways:
• By separation of territory from any state
• By uniting two or more states
• By uniting any parts of states
• By uniting any territory to a part of any state
The power to form new states under Article 3:
The Bill for any of these purpose can be introduced in either house of Parliament only on the recommendation of the President.If such Bill proposes to affect the area,boundaries or name of any of the states,than the Bill first needs to be refered to the legislature of that State,by the president,for expressing its views thereon within such period as may be specified in the reference or within such further period as the president may allow.When such specified or allowed period has been expired and the state legislature has not sent the bill back within such period, the president can get the bill introduced in Parliament as such. It is not necessary that the State Legislature must return the bill before introduction.
If the legislature makes some recommendation in the Bill,the President shall send them to Parliament with the Bill, But Parliament is not bound by such recommendations.
In case of State of Jammu and Kashmir, such a bill needs to be compulsorily passed by the Legislature of J&K.
The Bill such introduced to Parliament has to be passed by simple majority of both Houses of Parliament.
Then the Bill is to be sent to the President for his assent, after getting the Presidential assent, it becomes a law.This change is not deemed an amendment to the Constitution under Article 368.
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