Constitution: Preamble

Constitution preamble
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  • The American Constitution was the first to begin with a Preamble. 
  • It is based on the Objective Resolution drafted by Pt Nehru. 
  • Experts call it as the ‘soul of Constitution’, ‘identity card of constitution’, and ‘Horoscope of the nation’
  • It gives the basic philosophy on which the Constitution is based. 
  • It reflects the vision and aspirations of the constitution.
  • It gives the source of authority of the constitution i.e. people of India. 
  • Supreme Court held that Preamble is an integral part of the Constitution and parliament can alter it without damaging the basic features (Keshavananda Bharati Case)
  • In case of any ambiguity in the Constitution, court takes assistance from the Preamble for interpretation.

However, two things should be noted:

  1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
  2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.

The objectives, which are laid down in the Preamble are:

  1. Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist, Secular added by 42nd Amendment, 1976).
  2. Provision to all the citizens of India i.e.
    1. Justice social, economic and political.
    2. Liberty of thought, expression, belief, faith and worship.
    3. Equality of status and opportunity.
    4. Fraternity assuring dignity of the individual and unity and integrity of the nation.

Author: admin