Preamble of India [Preamble of the Indian Constitution]

Meaning and importance of the Preamble to the Indian Constitution:-

The goal resolution was drawn up during the first session of the constituent assembly and presented by Pandit Jawaharlal Nehru. The fundamentals and philosophy of the constitution structure were laid by the objectives resolution. The Constituent Assembly passed on 22 January 1947 an objective decision, which formed the preamble.

objectives of the preamble

The objectives were to be the fundamental of the Constitution and guide the framers of the Constitution.

The preamble idea was taken from the U.S
The preamble is the Constitution’s introduction.
The preamble is the key to unlocking the thinking of the constitutional lawmaker.
This is the only, visionary document of the Constitution.
The preamble gives no authority, but it provides the Constitution with guidance and purpose.
Prior 81 words were there in the Preamble but after the 42^nd Amendment Act of 1976, four words were enacted in the Preamble i.e. Socialist, Secular, and Integrity. It is also referred to as the “Mini-Constitution”.

Content of the Preamble

The Preamble begins by saying that the people of India have solemnly determined to make India the Sovereign Democratic of Republic India. which was adopted, and given this Constitution to ourselves in our Constituent Assembly on this 26th day of November. As this clearly shows, people are the ultimate source of power. The constitution may appear to be sovereign since it is the country’s supreme legislation.

The preamble describes the objectives and aims of the Constitution. The aim is to secure for all citizens justice, Fraternity, Freedom, and Equality. The Preamble, therefore, outlines the political, moral, and religious ideals to be promoted by the Constitution. The preamble to India’s Constitution says that it is the Socialist and Secular Democratic Republic of India

Sovereignty

The term “sovereignty” emphasizes that India is no longer dependent on any external authority. This means that, inside and out, India is sovereign

Socialist

To ensure the Indian Government’s goal, the term “socialist” was included in the preamble of the 42nd Constitutional Amendment Act (1976).”Socialism” does not have a precise connotation, nor does it indicate some type of government ownership of production and distribution mechanisms. It is a term that refers to both economic and social equality.

Secular

The 42nd Amendment Bill of 1976 inserted the phrase “secular” into the constitution’s preamble. The word secular refers to a country that has no religion of its own as the state’s recognized religion. It treats all religions equally.

Democratic

The word Democracy indicates that the Constitution established a form of government whose power derives from the will of the people. Equality and fraternity (brotherhood) are essential features of democracy proclaimed in the preamble to the constitution as the very goal of the constitution.

Republic

Republic means a form of government in which the head of state is an elected person rather than a hereditary monarch such as the King or Queen of the United.

The Preamble is addressed to all Indian citizens

Equality: status and opportunities.
Justice: Economic social and political.
Liberty: thought, expression, faith, worship, and faith.
Social Justice: implies eliminating all types of inequality.
India’s constitution guarantees social economic and political justice to its citizens.

Economic Justice

The main aim enshrined in the Constitution is economic justice. It means that the national wealth should be increased and there must be an equitable distribution of the same.

Political Justice: In our country, Political justice has been promised by the Preamble to the Constitution. To ensure political justice, universal Adult suffrage has been adopted by the Constitution. This means that every person irrespective of wealth, education, sex, caste, and religion has been allowed to participate in the political system of our Country.

Freedom and Equality

Freedom does not only mean that the freedom of individual activity is not arbitrary but also means that conditions are created that are important to personality individual growth.

Equality and freedom complement each other. Equality doesn’t mean that all people are physically and psychologically equal. It means equal position, the status of free people, and the ability of everybody to develop their potential capacity. There is no welfare state in India unless equal status and opportunity and social, economic, and political justice are provided.

Fraternity

The word “fraternity” in the Preamble underlines the idea of brotherhood. It seeks to encourage brotherhood between all citizens, which ensures the dignity and unity of the nation. India as a multilingual and multi-faith state cannot be perpetuated unless its diversity is the result of a brotherhood feeling among all its citizens.

Highlights of the Indian Constitution’s Preamble

The Preamble of the Indian Constitution was enacted after the enactment of the entire Constitution.
The term ‘secular’ was incorporated into the Preamble of the Indian Constitution through the 42nd Constitutional Amendment Act of 1976.
The Preamble ensures all citizens of India the freedom of belief, faith, and worship.
The notion of justice encompassing social, economic, and political aspects, as outlined in the Preamble, finds its roots in the Constitution of the Soviet Union (Russia).
The concept of a republic, along with the principles of liberty, equality, and fraternity, is borrowed from the Constitution of France.
The concept of a Preamble itself was first introduced through the American Constitution.

Key Elements of the Indian Preamble

Is it part of the Constitution or not?

Landmark Cases on Preamble

In re Berubari case, 1960

As it is not part of the Constitution, the Supreme Court has determined that it cannot be seen as an important source of power.

Golaknath vs. State of Punjab, 1967

The land tenure act was called into question in this instance. People were alleged to have a fundamental right to property U/A19 and S.C. indicated that the Parliament’s modifying powers were not boundless but limited and that the Parliament could not amend the citizens’ fundamental rights.

Keshavnanda Bharti vs. State of Kerela, AIR (1970) 4 SCC 225.

In the case of Keshavananda Bharti, the Supreme Court dismissed the above approach and deemed the preamble to be inherent to the Constitution. The entire Constitution may be modified by Parliament, which includes fundamental rights, but it cannot modify the basic structure of the Constitution. The main feature in the preamble could not be changed according to Article 368.

In the case of Keshavnanda Bharti, the first time basic structure was identified and specified. The Supreme Court found that Article 368 did not make the preamble outside the purview of the amending authority of the Parliament. The 1976 law amended the preamble to include the words “socialism”, “secular” and “integrity” in the exercise of this power to reform the constitution (Article 42)

How far can the Preamble be useful in interpreting the Constitution?

The Supreme Court observed in the case of Keshavnanda Bharti that, taking into view the great and noble views contained in the Preamble, it should read and interpret the Constitution. The Preamble to the Constitution of India has been claimed to guide those who are in a grey zone about its provisions.

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