PREAMBLE (INDIAN CONSTITUTION)

The Constitution Of India

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST 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 of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the national;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November; 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

What is Preamble?

The preamble to the Constitution of Indian is a brief introductory statement that sets out guidelines, which guides the people of the nation, and to present the principles of the Constitution, and to indicate the source from which the document derives its authority, and meaning. The hopes and aspirations of the people are described in it.

Preamble is an essential element of Indian Constitution that ought to learned by every Indian citizen, as it makes us aware about our national guidelines.

When was Preamble adopted?

Preamble was adopted on 26th November 1949 by the Constituent Assembly. It came into effect on 26th January 1950 which is celebrated as the Republic Day in India.

Is the Preamble amendable?

Yes, the Preamble of the Constitution can be amended under Article 368 of the Constitution *. It is a part of the Constitution, as opined by the Supreme Court of India in the landmark Kesavananda Bharati v. State of Kerala case of 1973.

However, the amendment is subject to the condition that it should not alter the “basic structure” of the Constitution. The doctrine of “basic structure” was devised by the Supreme Court in the Kesavananda Bharati case to prevent any misuse of the amending power granted to the Parliament. The Supreme Court stopped short of defining or clarifying what all constitutes the basic structure of the Constitution. In its various judgments, the Supreme Court has come to include some principles as the part of the basic structure. The ones relevant to the Preamble are:

1. Supremacy of the Constitution

2. Sovereign, democratic, republican nature of the Indian polity

3. Secular character of the Constitution

4. Unity and integrity of the nation

5. Welfare state

6. Rule of law

7. Independent judiciary

8. Principle of equality

9. Effective access to justice

10. Freedom and dignity of the individual

The Preamble has only once been amended till date (i.e. 2017): in 1976, by the 42nd Constitutional Amendment Act. The Act added three new words: “socialist”, “secular” and “integrity” to the Preamble.

Amendment under Article 368 means that to be passed, it requires a special majority (i.e., more than half of the membership and more than two-thirds of the members present and voting) in both the Houses of Parliament (i.e., Lok Sabha and Rajya Sabha).

Almost in every constitution there is a preamble , which provides the objectives,purposes, nature, scope of the constitution. The Preamble of the Indian Constitution is nothing but in short an introduction of the Indian constitution and therefore, it is treated as a part of the Constitution . The Preamble is used to interpret the provisions of the constitution in case of disputes.

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