Preamble - Duhaime's Law Dictionary - Law Assignment Help

Assignment Task:

QUESTION – WHAT DO YOU UNDERSTAND BY “PREAMBLE”?

We have got two Aids to the interpretation of statutes that is internal aids and external aids. Preamble falls under internal Aids category.

A preamble is an introduction to a document that describes the document’s purpose, this is according to the Oxford Dictionary. According to Duhaime's Law Dictionary, a preamble is an introductory written statement of facts or assumptions upon which a statute or contract is based.

According to Merriam Webster Dictionary, a Preamble is an introductory statement especially the introductory part of a constitution or statute that usually states the reasons for and intent of the law or an introductory fact or circumstance especially one indicating what is to follow.

The preamble can not be amended, in the case of Keshavan and Bharati Keshav Nand Bharti vs State of Kerala India The attorney general said that since the Preamble was part of the Constitution it could be amended like any other provisions of the constitution however the court held that the edifice of the constitution was based upon the basic elements mentioned in the Preamble if any of these elements were removed the structure will not survive and it will not be the same constitution or it cannot maintain its identity.

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