Preamble to the Indian Constitution
Indian Polity
- It is an introductory statement in a document that explains its philosophy and objectives.
- In a constitution, it represents the intention of its framers, the history behind its creation, the core values and principles of the nation.
- The Indian Preamble basically gives idea of the following:
- Source of the Constitution
- Nature of Indian State
- Statement of its objectives
- Date of its adoption
- The ideals were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on 22nd January 1947.
- It was adopted on 26th November 1949 and came into effect on 26th January 1950
- The concept originated from the Constitution of United States of America.
- Although it is not enforceable in Court, it states the objectives of the Constitution and acts as an aid during the interpretation of Articles when language is found ambiguous.
- Cases Related
- Berubari Case, 1960: Supreme Court stated that ‘Preamble is the key to open the mind of the makers’, but it cannot be considered as part of the Constitution. Therefore, it is not enforceable in a court of law.
- Kesavananda Bharati Case, 1973: It is not the supreme power or source of any restriction or prohibition but plays an important role in the interpretation of statutes and provisions of the Constitution.
- LIC of India Case, 1995: The Supreme Court again held that Preamble is an integral part of the Constitution.
- 42nd Amendment Act, 1976
- After the judgement of the Kesavananda Bharati case, it was accepted that it is part of the Indian Constitution.
- As a part of the Constitution, it can be amended under Article 368 of the Constitution, subject to the condition that no amendment is made to its basic features.
- As of now, the Preamble has been amended only once, which added three new words - Socialist, Secular and Integrity to the Preamble.
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Preamble to the Indian Constitution |
