What is the Preamble?

The preamble to the Indian Constitution serves as an introduction to the document, which contains a collection of laws and regulations intended to guide the country’s citizens. It explains the residents’ source of inspiration as well as their slogan. The preamble serves as the foundation of the Constitution.

The introduction of a bill is part of a text presentation that explains the purpose, rules, regulations, and philosophy of the text. The background provides a brief introduction to the documents by highlighting the basic principles and values ​​of the text. Indicates the authorization source of the document.

Who wrote the Preamble of India and Date of its Adoption

The Preamble of the Indian Constitution is largely based on Jawaharlal Nehru’s ‘Objective Resolution.’ On December 13, 1946, he proposed his goal resolution, which was eventually approved by the Constituent Assembly on January 22, 1947.

The preamble should be restricted in outlining the fundamental aspects of the new state and its socio-political aims, according to the drafting committee, and other key topics should be elaborated further in the Constitution. As stated in the ‘Objective Resolution,’ the committee amended the slogan from ‘Sovereign Independent Republic’ to ‘Sovereign Democratic Republic’.

The preamble, which contains everything about the constitution, is often known as the constitution’s soul. It was enacted on November 26, 1949, and it began on January 26, 1950, also known as Republic Day.

Components of Preamble of the Indian Constitution

The components of the preamble are:

• The preamble establishes that India’s people are the source of authority. It means that citizens have the authority to elect their representatives and that they also have the freedom to criticise them.
• The date of its adoption, November 26th, 1949, is included.
• It outlines the Constitution of India’s goals of justice, liberty, equality, and fraternity in order to preserve the nation’s and people’ integrity and unity.
• It also defends the Indian state’s sovereignty, socialism, republicanism, secularism, and democracy.

Key Words In The Preamble: –

1. Sovereign: The term ‘sovereign‘ as stated in the Preamble, signifies that India has its own independent authority and is not under the control of any other foreign entity. The legislature has the ability to enact laws in the country, but it is limited in what it can do.

• Socialist: The 42nd Amendment, which was ratified in 1976, introduced the term “socialist” to the Preamble, which refers to the pursuit of socialist goals by democratic methods. It is essentially a form of ‘Democratic Socialism,’ which believes in a mixed economy in which the private and public sectors coexist.

• Secular: The term ‘secular’ was added into the Preamble by the 42nd Constitutional Amendment, 1976, implying that all religions in India are treated equally by the state in terms of respect, protection, and support.

• Democratic: The term ‘democratic’ suggests that India’s Constitution has a well-established structure that derives its legitimacy from the people’s will expressed in elections.

• Republic: The term ‘Republic’ denotes that the state’s leader is directly or indirectly chosen by the people. The President of India is the country’s head of state, and he is elected indirectly by the people.

CASE LAWS

• Berubari Union case:

The Supreme Court ruled in this case that the Preamble is a component of the Constitution. It did acknowledge, however, that if a phrase in any article of the Constitution is vague or has more than one interpretation, the Preamble might be employed as a guiding principle.

• Keshvananda Bharti v. State of Kerala:

The Supreme Court reversed its previous judgement in this issue, ruling that the Preamble is a component of the Constitution that can be altered under Article 368. The Supreme Court ruled in the LIC of India case that the Preamble is a component of the Constitution.

CONCLUSION

Finally, it is not incorrect to state that the preamble is a vital element of the Constitution because it conveys the Constitution’s spirit and ideas. The Constitution’s essential ideals and guiding principles are highlighted in the preamble. The preamble claims that the citizens of India ratified the Constitution on November 26, 1949, yet the Constitution’s start date was set for January 26, 1950.

REFERENCES

• https://www.drishtiias.com/to-the-points/Paper2/preamble-to-the-indian-constitution#:~:text=42nd%20Amendment%20Act%2C%201976,preamble%20can%20not%20be%20amended.
• https://www.legalserviceindia.com/legal/article-750-preamble-to-the-indian-constitution.html
• https://www.nios.ac.in/media/documents/srsec317newE/317EL5.pdf

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