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The preamble is also recognised as the Indian Constitution's soul and backbone. It wouldn't
make sense to read the constitution without first reading the preamble. It is the preamble
that provides a quick overview of why the constitution was drafted.
This article gives a brief idea on the significance of the Preamble of the Indian Constitution.
It also highlights the important Supreme Court judgements related to the Preamble of the
Indian Constitution.
Content of Preamble
The preamble's words are carefully chosen, and the arrangement of the terms and their
sequence clearly describe their importance and role in the creation of the constitution.
The Preamble of the Constitution outlines the Constitution's underlying ideals and
philosophy, as well as the policy goals and objectives that the founding authors of the
Constitution aimed for.
The Supreme Court of India has emphasised the importance and utility of the
preamble in a number of rulings.
It states that the constitution's goal is to provide justice, liberty, equality, and fraternity
to its citizens.
It's a kind of primer on the statute, and it's often quite helpful in deciphering the policy
and legislative meaning. It expresses "what we'd been thinking or dreaming about for a
long time."
It encapsulates all of the principles and goals for which the country fought during the
British Regime in a solemn manner.
It identifies the people of India as the source of the constitution.
It contains the enacting clause, which puts the constitution into effect.
It defines the fundamental liberties that the Indian people sought to safeguard for all
citizens, as well as the basic style of government and politics that was to be built.
It aids the supreme court in determining whether a particular provision or piece of
legislation is consistent with the spirit of the constitution.
The court observed that the basic reason to include the term Socialist was to brief
the makers so that they can make provisions of the constitution that provide a
decent life to the citizen and especially security from cradle to the grave.
The court stated that the main purpose of the concept of socialism is to establish
social order through the rule of law.
The court observed that justice aims to secure the political, social, economic interests
of the citizen and provide the opportunity and standard of life and allow them to live
with dignity.
The Supreme Court, in this case, explained the concept of secularism. It does not
mean anti-religion but it means that the state will respect every religion and should
not interfere in their practices but does not follow any religion.
The court was of the opinion that democracy as the political concept in which the
people directly or through their representative give their involvement in the
administration.
The court was of the opinion that democracy is the important essential of a welfare
state, the people should get a chance to elect their leader who can act for the
people.
The Preamble provides insight into the ideas of the Constitution's framers. If a term in
any article of the Constitution is obscure or has more than one interpretation, the
Supreme Court recognised that the Preamble could be employed as a guiding
principle.
Despite this acknowledgement of the Preamble's importance, the Supreme Court
decided that the Preamble might take the place of the law's express requirements.
Because the Preamble is not part of the Constitution, the Supreme Court determined
in the Berubari case that it can never be recognised as a source of considerable
power.
The Supreme Court rejected earlier opinions in the Kesavananda Bharati case (1973),
ruling that the Preamble is a part of the Constitution that can be amended under
Article 368 of the Constitution.
The 42nd Amendment subsequently amended the Preamble by adding the terms
Socialist, Secular and Integrity in the Preamble.
It stated that the Preamble is extremely important, and that the Constitution should
be read and interpreted in light of the Preamble's big and noble vision.
The Supreme Court ruled in the LIC of India case that the Preamble is an integral part
of the Constitution.
Thus, the core ideas, purposes, and philosophical postulates that the Constitution of
India stands for are contained in the Preamble to the Constitution of Free India.
Despite the above Supreme Court rulings, two things need to be noted -
1. The Preamble is neither a source of power for the legislature nor a limitation on its
authority.
2. Its provisions are not enforceable in courts of law since it is non-justiciable.
Conclusion
Union and its Territory (Article 1-4) Fundamental Rights (Article 12 to 35)
FAQs
Answer: The term Preamble indicates the introduction to the statue, which is typically an
introductory part of the constitution. The preamble to the Indian constitution always
records the aims and aspirations of Indian people who have been translated into several
provisions of the constitution.
Answer: Although not enforceable in court, the Preamble states the objects of the
Constitution, and acts as an aid during the interpretation of Articles when language is found
ambiguous.
MCQs
Question: The text of the Preamble to the Constitution of India aims to secure:
The objectives stated by the Preamble are to secure justice, liberty, equality to all
citizens and promote fraternity assuring the Dignity of the individual and unity and
integrity of the nation.
Question: Which one of the following statements is correct regarding the Preamble?