Primacy and efficacy of preamble propositions in India and Bangladesh: A comparative understanding of interpretative constitutionalism

Abstract

Purpose

This paper aims to examine the legal position and utility of preamble and also to determine what role has been played by Preambles in new trends in Bangladesh and Indian Constitutional Law.

Design/methodology/approach

The research methodology undertaken in this project is analytical method of research and comparative research.

Findings

In this paper, the first legal and academic dispute and a matter of arguments and discussions that whether preamble should be treated as a part of constitution is discussed. Also, this paper tries to examine the matter of interpretational value of preamble, i.e. role of preamble in interpretation of constitution vis-à-vis of statutes. Finally, this paper examines in particular the details of preambles of two countries that have played a prominent part in the development of Constitutionalism in India and Bangladesh.

Originality/value

This research work is based on both primary and secondary data. The main sources of this study include like textbooks, journal articles, some important daily newspapers, online documents and some publications. The study has also relied on decided cases of Apex Court of Bangladesh and the Subcontinent.

Citation

Habib, A.Z.M.A. (2016), "Primacy and efficacy of preamble propositions in India and Bangladesh: A comparative understanding of interpretative constitutionalism", International Journal of Law and Management, Vol. 58 No. 6, pp. 660-672. https://doi.org/10.1108/IJLMA-08-2015-0047