Preamble of the Constitution

Preamble – Introduction or preface(प्रस्तावना) to the constitution
 Contain- Summery/Essence(सार) of constitution
 American constitution – First with Preamble
 India follows this practice
 Based- ‘Objectives Resolution’, drafted and moved by Pandit Nehru- On Dec 13, 1946
 Adopted by the Constituent Assembly on Jan 22, 1947
 Amended- 42nd Constitutional Amendment Act (1976),
 Which added three new words— Socialist, Secular and Integrity

TEXT OF THE PREAMBLE

PREAMBLE AS PART OF THE CONSTITUTION

 1)-Berubari Union case (1960)- Preamble is not a part of the Constitution.
 2)-Kesavananda Bharati case 17 (1973)- Supreme Court rejected- earlier opinion and held that Preamble is a part of the Constitution.
 3)-LIC of India case 18 (1995)- Also, Supreme Court again held that the Preamble is an integral part of the Constitution.
 Like any other part of the Constitution- Preamble was also enacted by the Constituent Assembly, but, after the rest of the Constitution was already enacted.
 Two things should be noted:
 1)- Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
 2)- It is non-justifiable, that is, its provisions are not enforceable in courts of law

AMENDABILITY OF THE PREAMBLE

 Preamble can be amended under Article 368 of the Constitution arose
 Kesavananda Bharati (1973)- It was urged that the Preamble cannot be amended as it is not a part of the Constitution.
 The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble.
 Court held- Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’.
 Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words— Socialist, Secular and Integrity—to the Preamble.
 This amendment was held to be valid.

INGREDIENTS OF THE PREAMBLE

Four ingredients or components:
 1. Source of authority of the Constitution:- Preamble states that the Constitution derives its authority from the people of India.
 2. Nature of Indian State:- It declares India to be of a sovereign, socialist, secular democratic and republican polity.
 3. Objectives of the Constitution:- It specifies justice, liberty, equality and fraternity as the objectives.
 4. Date of adoption of the Constitution:- It stipulates November 26, 1949 as the date.

KEY WORDS IN THE PREAMBLE

1)-Sovereign,…………………………………………………
2)-Socialist,…………………………………………………
3)-Secular,.………………………………………………..
4)-Democratic,…………………………………………
5)-Republic,…………………………………………
6)-Justice,…………………………………………
7)-Liberty,…………………………………….
8)-Equality,………………………………
9)-Fraternity………………………..

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