Friday, 18 February 2022

Preamble of the Indian Constitution

 Preamble of the Indian Constitution


The preamble of the Constitution of India is an introduction of the Constitution which includes the sets of rules and regulations to guide the people of the country. The inspiration and the motto of the citizens are explained in it. The preamble can be considered as the beginning of the Constitution which highlights the base of the Constitution. 

The Preamble of the Indian Constitution is primarily based on the ‘Objective Resolution’ written by Jawaharlal Nehru. He introduced his objective resolution on December 13, 1946, later it was accepted by the Constituent Assembly on 22 January 1947.

The preamble can also be called the soul of the constitution as it has everything about the constitution. It was adopted on 26th November 1949 and it was started from 26th January 1950 also known as the Republic Day. 

Components of Preamble of the Indian Constitution

The components of the preamble are:

  1. The preamble shows that the people of India are the source of authority. It means power lies with the citizens to elect their representatives and they also have the right to criticize their representatives. 

  2. It comprises the date of its adoption which is November 26th, 1949. 

  3. It states the objectives of the Constitution of India, which are justice, liberty, equality, and fraternity to maintain the integrity and unity of the nation as well as the citizens.

  4. It also justifies the nature of the Indian State, which is Sovereign, Socialist, Republic, Secular, and Democratic. 

Objectives of the Indian Constitution

Justice

Equality

Liberty

Fratenity

The 42nd Amendment Act, 1976 was the first act ever to amend the preamble of the Constitution. On December 18th, 1976, ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble to protect economic justice and eliminate discrimination 

Key Words in the Preamble

Sovereign

The preamble of the Constitution states that India is a Sovereign State. The term ‘Sovereign’ means the independent authority of the state

Socialist

The term ‘Socialist’ was added after the 42nd Amendment, 1976, during the emergency. The term socialist denotes democratic socialism

Secular

The term ‘Secular’ was also added by the 42nd Amendment Act, 1976, during the emergency. The Constitution states India as a secular state as the state has no official religion. 



Berubari Case -Through this case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as the part of the Constitution

Kesavananda Bharati Case

This case created history as for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:

  1. The Preamble of the Constitution will now be considered as part of the Constitution. 

  2. The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. 

So, it can be concluded that preamble is part of the introductory part of the Constitution.

In the LIC of India case, the Supreme Court continued with its judgment on declaring preamble as part of the Constitution.

Preamble of the Indian Constitution

By- SHAMBHAVI

VIP-AUTHOR


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