Sunday, 23 January 2022

preamble

                                      PREAMBLE


INTRODUCTION


The preamble is also recognized as the Indian Constitution's soul and backbone. It makes no sense to read the Constitution without first reading the preamble. It is the preamble that gives a brief explanation of why the constitution was drafted. 

The preamble serves as an introduction to the statutes, or the constitution. A preamble is a declaration issued by the legislature with the goal of passing a statute, and it is useful in interpreting any of the statutes. Preamble's main purpose is to clarify the meaning of specific phrases and recite key facts that must be stated. A preamble can be used for a variety of purposes, including limiting the scope of a particular phrase, explaining facts, or introducing definitions.


SCOPE OF PREAMBLE

The preamble has a crucial role in determining the country's path. The preamble provides a concise overview to the constitution's drafters, allowing the constituent assembly to prepare and construct the document. The main debate about the preamble's scope is whether it is included in the Indian Constitution or not. This question will be addressed later in this essay. The preamble's major aim, however, is to clarify the concept behind the constitution, i.e., what is its source, and what are its ultimate purposes and objectives.

The preamble does not confer anyone any power, but it establishes the framework on which the Indian Constitution is built, such as

1. the country being "Sovereign, Socialist, Secular, Democratic, Republic."

2.The government should be chosen by the people, for the people, and for the benefit of        the people.

3.The people of India should be given true sovereign power.

4.Justice, Liberty, and Equality should be provided to the people.


Essentially, all of the provisions/Articles of the constitution were written with all of these considerations in mind, so as not to infringe on public sovereignty.


Argument regarding the status of the preamble


In Re-Beruberi Case:

Under this case, the eight judges bench observed that even though the preamble serves as an introduction to the constitution and no doubt it is a concept which opens the mind of the makers and helps them in making a constitution, that does not mean that the preamble is the part of the constitution.

In Kesavananda Bharati case,

This case creates a new history of the constitution the thirteen judges bench held that preamble is a part of the constitution as:

  1. The preamble is an introduction of the constitution.

  2. The preamble is not a source of power but played an important role in the interpretation of the statutes.

After the Supreme Court declared the preamble to be a part of the constitution in Kesavananda Bharti case, it is clear that it can be amended under Article 368 of the Indian Constitution. The preamble was amended in 1976 and the terms socialist, secular, integrity was added.

 

CONCLUSION


The preamble serves as an introduction to the statutes, or the constitution. A preamble is a declaration issued by the legislature with the goal of passing a statute, and it is useful in interpreting any of the statutes. The preamble has a crucial role in determining the country's destiny.


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