The soul of the Indian Constitution

The Preamble of our Indian Constitution clearly expresses a brief introductory statement of the Constitution by giving guiding purpose, principles, and philosophy of the Indian Constitution. By 42nd Constitutional Amendment, 1976, it was amended to constitute India into a Sovereign, Socialist, Secular, and Democratic Republic. Not just this, because it also protects liberty, equality, justice to citizens who belong to India and tries to promote fraternity amongst the people of India.

The idea of the following things can be given by the Preamble, which are:

1. About the source of the Constitution.

• Nature of Indian states

• A statement of its objectives

• Date of its adoption

In the very famous case of the Indian Constitution related to “Keshvananda Bharti vs. the State of Kerala,” the Supreme Court overturned its earlier judgment. It stated that the Preamble is a part of our Indian Constitution and can be amended under Article 368 of the Indian Constitution. Again, in the LIC of India case, the Supreme Court held that the Preamble is an essential part of the Constitution.

Components of Preamble of the Indian Constitution

1. The Preamble portrays that the people of India are the source of authority and plays an essential part in so many ways. Overall, it means that power lies with the citizens to elect their representatives, and they also have the right to criticize their representatives because, in a democracy, there is a right to speech and expression.
2. It contains the date of its adoption, which is November twenty-sixth, 1949. 
3. It mentions the objectives of the Constitution of India, which are justice, liberty, equality, and fraternity to maintain the integrity of the nation with the help of the citizens of India.
4. It also clearly justifies the system and nature of the Indian State, which is Sovereign, Socialist, Republic, Secular, and Democratic. 

Amendment of the Preamble

After the landmark judgment of the Kesavanand Bharati case, it was very much accepted that the Preamble is an integral part of the Indian Constitution. So, if it is a part of the Indian Constitution, then it can indeed be amended under Article 368 of the Constitution. Still, the catch here is that the basic structure of the Preamble cannot be amended anyhow. It’s not allowed because the structure of our Indian Constitution depends on the basic elements of the Preamble. As of now, the Preamble is only amended once through the 42nd Amendment Act, 1976. 

42nd Amendment Act, 1976

The 42nd Amendment Act, 1976 was the very first demonstration to change the Preamble of the Constitution. On December 18th, 1976, ‘Socialist,’ ‘Secular,’ and ‘Integrity’ were added to the Preamble to ensure economic equity and dispense with discrimination at all. Through this revision, socialist’ and ‘secular’ were added among ‘sovereign,’ and ‘democratic,’ and Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation.’

Conclusion

Taking everything into account, it won’t be inappropriate to say that the Preamble is an indispensable piece of the Constitution because it contains the soul and spirit of the Constitution. The Preamble features the significant qualities and core values of the Constitution. The Preamble announces that the residents of India acknowledged the Constitution on November twenty-sixth, 1949, yet the date of initiation of the Constitution was chosen to be January twenty-sixth, 1950.

Article 394 of the Constitution expresses that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379, and 394 came into power since the reception of the Constitution on November twenty-sixth, 1949, and the remainder of the provisions on January twenty-sixth, 1950. The Preamble of the Constitution of India is perhaps the best prelude at any point drafted, in thoughts and articulations. It contains the reason for the Constitution to fabricate an independent country that ensures equity, freedom, fairness, and society, which are the goals of the Constitution.

Bibliography: –

1. ‘Preamble To The Indian Constitution’ (Legalserviceindia.com) <https://www.legalserviceindia.com/legal/article-750-preamble-to-the-indian-constitution.html> accessed 5 January 2022
2. ‘Preamble Of The Indian Constitution : Everything You Need To Know’ (iPleaders, 2019) <https://blog.ipleaders.in/the-preamble-of-the-indian-constitution/> accessed 5 January 2022

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