PREAMBLE

 

INTRODUCTION

The word 'PREAMBLE' derived from a LATIN word 'PREAMBULUS', which means to go before (Introduction). It is a Informing statement or we can say Introduction, and it also define the informing or introducing assertion of preamble, the main contrivance, the vision, uses, concept, and aspirations and lastly the principal and intention of the preamble. It is the last part to be inserted in the constitution by Article 368.

    ```THE PREAMBLE OF THE INDIAN CONSTITUTION```:-

                                 "WE THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO A SOVEREIGN, SOCIOLIST, SECULAR, DEMOCRATIC, REPUBLIC AND TO SECURE TO ALL ITS CITIZENS" -

JUSTICE, social, economic and political.

LIBERTY of thought, expression, belief, faith and worship

EQUALITY of status and opportunity and to promote among them all.

FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation,

    

       IN our Constituent Assembly 26th November, 1949, do hereby adopted and enacted, and give to ourselves this constitution.

        ```IT HAS BEEN MODIFIED ONCE SINCE THEN 3 NEW WORDS ARE ADDED BY 42ND AMENDMENT I. E - SOCIOLIST

SECULAR

INTEGRITY

The four ingredients of the preamble are:-

 1. The preamble of our Indian constitution give a hint that the main origin or the source of authority of the constitution.

 2. Preamble declares that our country India to be a socialist, secular, democratic, republic nation.

3. it’s objective secure justice, liberty, equality to all its citizens and flourish fraternity (brotherhood) for maintaining unity.

4. The constitution was adopted on November 26, 1949.

 

The content of the Preamble:-

1. Sovereign: - Our India is an independent country, so we do not want any external country interference.

2 Socialist: - The word inserted by the 42nd Amendment. The word socialist inspired by the philosophy of MAHATMA GANDHI AND PT. JAWAHARLAL NEHERU whose purpose was to established welfare society.

3. Secular:- The word Secular inserted by the 42nd Amendment. Secular means state has no religion and our India has positive secularism.

3. Democracy: - Demo means people; cracy means rules so it means the rule of the people. The government will reformed by will of the people. In India we have indirect democracy, that's called REPRESENTATIVE FORM OF DEMOCRACY.

5 Republic: - The real of the India is Prime Minister and nominal head is president, both are elected head of our country. The head of the state are elected not nominated.

 

WHO DRAFTED THE PREAMBLE?

 PT. JAWAHARLALNEHERU (when making our constitution) presented a draft in font the constituent assembly, that what kind of Rights and Liberties the people have that's called OBJECTI VERESOLUTION. (As a preamble adopted on 22nd Jan, 1947)

NATURE AND SCOPE OF PREAMBLE:-

  By the accomplishment of the constituent assembly of India preamble was adopted on November 26, 1949.

 The equality or nature of preamble is clearly defined it's various brightest episodes for understanding the constitution.   The preamble of our constitution allude the formulary where the constitution comes from. The norm justice, liberty, equality, fraternity gleam or reflects the objectives of the constitution.

 The sound Sovereign, Socialist, secular, democratic, republic in the preamble presage the quality or nature of state.

 

The 42nd Amendment affixed the term Secular to gleam the nature of the Indian society. The use of these words in the preamble display the primary philosophy on which the constitution is emerged

Importance of preamble is described below :-

Preamble is an introductory statement of the constitution, which defines the ideals, based and the basic principles of the constitution.

 

IMPORTANCE OF THE PREAMBLE CAN BE STATED AS FOLLOWS :

"WE THE PEOPLE OF INDIA”:

 The exposure "WE the people of India" point out that we the Indian people means the people of India are the source behind the constitution.

  The word SOVEREIGN indicates that India is an Independent country, and we don't want any external countries interference.

  The word SECULAR inserted by the 42nd Amendment. Secular means state has no particular religion and India has positive secularism.

 The word SOCIALIST inspired by the philosophy of Mahatma Gandhi and PT. JAWAHARLAL NEHERU whose purpose was to established welfare society.

  The word DEMOCRATIC REPUBLIC indicates the government is carried on by the people of India.

 

AMENDMENT IN THE PREAMBLE:

  After the declaration that the preamble is a part of the constitution in KESAVANANDA BHARATI case, then it's simply clear that it can be amended under Article 368 of the Indian constitution. The preamble was amended on 1976 and that time three new words were added i. e socialist, secular and integrity and to add these words the preamble is much stronger.

Is preamble a part of the constitution?

Can it be amended?

The preamble of the constitution is the basic structure of the constitution. Article 368 discuss about the power of the Parliament. Article 368 power of the parliament to make amendment to the constitution. This question was raised for the first time before the Supreme Court in the historic case of KESAVANANDA BHARATI VS. STATE OF KERALA AIR 1973 SC. By this case "Re Berubari union & Exchange of Enclaves" Supreme Court said, According to Article 368 can amend any part of the constitution, but preamble is not a part of the constitution, so through Article 368 can't be Amended, but in this case Kesavananda bharati vs. State of Kerala Supreme Court said like the rest of the constitution preamble was also adopted and enabled. That means like any other part preamble is a part of our constitution. So the preamble can be amended.

CONCLUSION :

 The introduction of the preamble makes a map in our minds. Preamble means a proclamation which made by the legislature with the objectives. The preamble dictates the entire content of a constitution. It declares the country as sovereign, secular socialist, democratic and Republic country.

Lisa Roy 
Snehangshu Kanta Acharaya Institute of Law

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