PREAMBLE OF INDIAN CONSTITUTION |History, Object, Importance & Full Explanation| #judiciary

PREAMBLE OF INDIAN CONSTITUTION |History, Object, Importance & Full Explanation| #judiciary

A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.
In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
The preamble basically gives idea of the following things/objects:
Source of the Constitution
Nature of Indian State
Statement of its objectives
Date of its adoption

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.
Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal respect, protection and support from the state.
It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.
Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.
Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:
The Preamble of the Constitution will now be considered as part of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
So, it can be concluded that preamble is part of the introductory part of the Constitution.

( notes will be sent- after completion of constitution)
Pdf link-: https://t.me/c/1668172255/63
Email-: [email protected]

If, not find telegram link -: contact on -:

‎Open this link to join my WhatsApp Group: https://chat.whatsapp.com/KkuPlNI34Xw3d0OSptV0Zl

Leave a Reply

Your email address will not be published. Required fields are marked *

Scroll to top