A preamble is basically an introduction to the document that explains its objectives. The ideals of the Preamble of the Indian Constitution is laid down by Jawaharlal Nehru’s Objective Resolution, adopted by the constitution assembly on January 22, 1947. The date mentioned in the preamble was when it was adopted on November 26, 1949. The preamble states the objectives of the constitution and helps in the interpretation of the Articles.
Components of preamble:-
• We, the people indicates the ultimate sovereignty of the people of India.
• Sovereign means India has its own independent authority i.e. legislature has the power to make law and we are not in the dominion of any external power.
• Socialist means the achievement of socialist end through democratic means. It is added in the 42nd Amendment act.
• Secular means all the religions in India get equal protection and support from the state. It is added in the 42nd Amendment act.
• Democratic implies that it gets its authority from the will of the people through elections.
• Republic indicates the head of the state is elected by the people.
• The objective of the preamble is to promote-
- Justice to maintain order in society through Fundamental rights. It comprises of three elements, Social Justice which means the constitution wants to create a society without discrimination, Economic Justice means no discrimination on the basis of economic status and political justice means all the people have equal and fair right to participate in the political opportunity.
- Equality means all persons are given equal opportunity for everything and everyone is equal before the law without discrimination.
- Liberty means freedom for people to be whomever they want to be, to choose their political views, way of life and behaviour in society.
- Fraternity means to promote the feeling of brotherhood between the people.
There begins a debate whether the preamble is a part of the constitution and whether it could be amended or not. The court in his various judgement made it clear that it could be amended.
In Berubrubari case, the court held that “Preamble is the key to open the mind of the makers” but it won’t be considered as a part of the Indian constitution and it cannot be enforced by law.
In Kesavananda Bharti v. State of Kerala, the bench of 13 judges decided that the preamble of the constitution is considered as a part of the Indian Constitution but it is not a supreme power but it plays important role in the interpretation of statutes and provisions of the constitution.
In Union Government v. LIC of India, Supreme Court again held that preamble is an integral part of the constitution but it is not directly enforceable in the court of law.
After the judgements of Kesavananda Bharti, it is accepted that preamble is a part of the constitution and can be amended under Article 368 without interfering with the basic structure of the constitution. The term “Socialist”, “Secular” and “Integrity” were added in the preamble through the 42nd amendment act, 1976.
It will not be wrong to say that preamble is an integral part of the constitution as it highlights the fundamental values guiding the constitution. The preamble declares that the citizens of India accepted the Constitution on 26th November 1949 to build an independent nation that protects justice, liberty, equality, and fraternity which are the objectives of the Constitution.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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