20th Panel Discussion: Interpretative Constitutionalism:Efficacy of Preamble and it’s Legitimacy in a Democratic State

Interpretative Constitutionalism focuses on, to what extent the reading or interpreting the Constitution along with the preamble is aligned producing the intended results and it’s legitimacy. The preamble of India has 73 words altogether outlining the specific ideals acting as a guiding light for the democratic state of our country. The preamble has two characteristics that can divided into i.e., declaratory, and revolutionary. The committee drafting the preamble solemnly decided to incorporate India into ‘Sovereign Democratic, Republic.’ “We, the people of India, having solemnly resolved in our constituent assembly this 26th Nov.1949,” this nature thoroughly revising that the preamble is the spirit and the backbone of the country, and has a predominant nature of being read with Constitution.

The interpretational value of the preamble needs to be thorough upon, to ensure that the preamble is being interpreted with the constitution. First, the words in the preamble are judicially reflected and analysed upon. Second, it ensures the Fundamental Rights of the citizens. Third, it plays a role in assisting the interpretation of statutes which were framed under the Constitution. Fourth, the utmost important interpretational value, which the preamble carries with itself is assisting the interpretation of the Constitutional provisions.

Moderator: Mr Ashish Verma (Head of Department, UPES School of Law)Panellists: 

1. Mr Vikas Chaubey (Asst. Prof. DAV College)

2. Mr Udit Raj Sharma (Asst. Prof. UPES School of Law)

3. Mrs Ruby Yadav (Asst. Prof. UPES School of Law)

4. Shreshth Shrivastava (Student Panelist, School of Law)