Preamble is derived from the Latin word preambulus, meaning to go before or an introduction[1]. As its word of origin suggests, preamble is n preliminary or an introductory statement to any act or legislation, in this case to the constitution of India. It is indicative of the philosophy, purpose, uses, principles, objectives, ideas and aspirations for the preceding law. Preamble is considered as a blue-print of the forward act.
On the 12th of October 2005, the Indian Parliament effectively did away with the controversial and allegedly counter-intuitive Freedom of Information Act, 2002, and replaced it with a rectified and improved rendition of the aforementioned intention, the Right to Information Act, 2005.[1] It gave rise to the formation of independent statutory bodies, namely, the State and the Central Information Commission. To ensure their efficacy, these bodies had virtually been eradicated off of most of the ties to the Government, so as to make it truly independent in practice. Hence, even the CIC has no jurisdiction over the State Information Commission despite it being at the hierarchal bottom.
India, after gaining independence from British Rule in 1947, enlisted itself as a socialist country with limited trade and government control on production of all items. This era till 1991, was also termed as the ‘Licence Raj’ with licences required to establish any and every form of business.
The constitution is nothing but a document of aspiration which cannot be taken away as it emerges from the concept of society and every society needs law. The primary function of law is to provide justice and balance between the various groups in society. “Constitutionalism has one essential quality: it is a legal limitation on the government; it is the antithesis of the arbitrary rule; its opposite is despotic government, the government of will instead of law.”
As the former Chief Justice Of India has rightly said that “Independence of judiciary is not a one-time pill, it’s a state of affairs”. Supreme Court being the highest court of appeal, is the guarantor of fundamental rights of the citizens and guardian of the Constitution.
Uniform Civil Code is the unification of all the personal laws in India. Article 44 of the Indian Constitution envisages the idea of UCC. It runs as “the State shall endeavour to secure for all citizens a Uniform Civil Code throughout the territory of India”.
