Preamble of Indian Constitution
Every country has its own Constitution to make rules in their country.
If we overlook History then we come to know that America was 1st country to have a preamble. After this many countries followed the same path including India.
Constitutional Expert ‘N.A.Palkhivala‘ called it an ‘Identity card of the Constitution’.
The preamble of the Indian Constitution has been amended once in the year 1976.
Also, Unity of the Nation has been changed to unity and integrity of the Nation.
|Preamble of Indian Constitution|
There are a total of 4 ideals in Indian Constitution today. They are liberty, fraternity, justice, and equality.
Components of Preamble of India:-
1) The Constitution of India says that the total authority of India is with the People. People are kingmakers here so only India is known as Democratic.
2) India is declared as a sovereign, socialist, secular, democratic, and republican country.
3) It is declared as justice, liberty, equality, and fraternity.
4) November 26, 1949, is adopted the date of the Indian Constitution.
Keywords of Preamble:-
The word sovereign means India is a totally Independent country and not dependent on anyone or dominion of any other Nation.
It is totally free to take its own decision and foreign affairs. Being part of the United Nations Organization also doesn’t cause its sovereignty.
There are three types of patterns In the world. Socialist, Capitalism, and Communism were India has adopted Socialist.
There are two types of Socialist patterns, the first is ‘democratic socialism and the second is ‘communistic socialism’.
Democratic socialism can be defined as where both private and public sector exists also known as Mixed Economy. India has a Mixed Economy.
This term can be explained in simple words, the country where every religion is treated equally. There is no discrimination on the basis of religion.
This word never existed in the original Constitution while it was added in the 42nd Constitutional Amendment of 1976.
Indian Constitution Part 3 has fundamental rights are given there. Article 25 to Article 28 is about freedom of religion.
There are about two types of Democracy:- Direct and Indirect.
Most of the country has indirect democracy while divided into Parliamentary and Presidential.
India is a country with Parliamentary so the USA is with Presidential form.
A democratic polity can be divided into two parts:- Monarchy and Republic.
In Republic on another hand, the head of state is always elected directly or indirectly for a fixed term. E.g USA.
For the Indian Constitution, the term republic replicates that India has elected head and power is with People not like Britain.
It shows the Indian Govt to make laws and decisions. The way and blueprints are made for the head of the state to run the country.
Why Preamble is the soul of the Indian Constitution?
Many experts from Constitution Assembly have expressed their views on Preamble they are:-
Sir Alladi Krishnaswami:-
Preamble shows that we think for “sustainable development” and dream ahead long of decades.
It is the horoscope of those golden words from our Constitution, they are sovereign, democratic, and Republic.
Pandit Thakur Das Bhargava :-
It is the soul of the Indian Constitution. It is the key and jewel set of our Constitution.
Sir Ernest Barker:-
The preamble of the Indian Constitution is ‘Key-note’.
Preamble Part of Indian Constitution ???
In a very famous Berubari Union case (1960), the Supreme Court said that Preamble is not part of the Indian Constitution.
While in Kesavananda Bharati Case ( 1973), the Supreme Court rejected the first petition and said that Preamble is part of the Constitution.
Also, this decision was continued by the Supreme Court in the LIC of India case (1995).
So there are two conclusions here out:-
1) The preamble is neither the source of power to legislature nor a prohibition upon the powers of the legislature.
2) It is non – Justiciable, that is, its provisions are not enforceable in courts of law.
- When it comes to human rights, the preamble has protected it strongly. Every Indian can enjoy all fundamental rights.
What is the Constitution in simple language?
Can Preamble be Amended?
The Supreme Court accepted it’s a mistake from the Berubari Union Case of 1960 and accepted Preamble as part of the Constitution.
The preamble can be amended without its basic structure. Clearly, it’s warned that the basic feature of Preamble can’t be amended under Article 368.
The Preamble has been amended only once in history i.e the 42nd Constitutional Amendment of 1976 where three words were added they are secular, socialist, and Integrity.
This was an article on Preamble which will useful for Upsc and Govt Exams. Preamble Upsc can be the question asked in the exam.
Jay Hind …!!!!