PREAMBLE OF INDIA AND ITS SIGNIFICANCE:

Our Indian constitution is one of the longest constitutions of the world containing a total of 395 articles in 22 parts and a total of 12 schedules. But all the guidelines and rules for the people to be governed and abide by the constitution is contained in this single document known as a preamble to the constitution of India.

The Preamble of the Indian Constitution fills in as a short starting assertion of the Constitution that sets out the directing reason, standards, and theory of the Indian Constitution. By the 42nd Constitutional Amendment, 1976, it was not really set in stone to establish India into a Sovereign, Socialist, Secular, and Democratic Republic. It gets equity, freedom, fairness to all residents of India and advances society among individuals.

The goals behind the Preamble to India’s Constitution were set somewhere around Jawaharlal Nehru’s Objectives Resolution, embraced by the Constituent Assembly on January 22, 1947. Albeit not enforceable in court, the Preamble expresses the goals of the Constitution and goes about as a guide during the translation of Articles when language is seen as equivocal.

The preamble acts as a sole source that authority of the Constitution lies within the people of India, as Abraham Lincon rightly said for a democratic country government is of the people, by the people, for the people thereby emphasizing the need of people in governing a country. The date on which the constitution and the preamble were formally adopted was 26 November 1949 which is the reason it is celebrated as Law day in India.

The preamble starts with the following words-

“We the people of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and thereby providing Justice, Equality, Liberty, Fraternity to all citizens of India.  Now let’s understand some keywords from the preamble:

  1. Sovereign: The term implies that India has its own free position and it’s anything but a domain of some other outer force. In the country, the council has the ability to make laws which are dependent upon specific limits.
  2.  Communist: The term implies the accomplishment of communist closures through equitable means. It holds confidence in a blended economy where both private and public areas coincide one next to the other. It was included the Preamble by 42nd Amendment, 1976.
  3.  Secular: The term implies that every one of the religions in India get equivalent regard, assurance and backing from the state. It was joined in the Preamble by 42nd Constitutional Amendment, 1976.
  4. Vote based: The term infers that the Constitution of India has a set up type of Constitution which gets its power from the desire of individuals communicated in a political decision.
  5. Republic: The term demonstrates that the top of the state is chosen by individuals. In India, the President of India is the chosen top of the state.[1]

SOME CASE LAWS REGARDING PREAMBLE:

The first case law can be the Berubari case it was stated that Preamble is the key to good governance but it cannot be considered as part of the Constitution hence not being enforceable in the court.

The second case law is C.Golaknath Ors vs State of  Punjab and Ars which said in which that time chief justice K.Subba Rao said that the Parliament cannot diminish any Fundamental Rights of the Constitution. The supremacy over Preamble and Fundamental rights was not given to even the Parliament.

The third and most important case law which entirely changed the Constitution of India was the Kesvananda Bharti case in which 13 judges were assembled for the first time to hear the case in which it was concluded that The parliament has been given wide powers but not to such an extent that it can amend any part of the Preamble, it did not have the power to amend the basic structure of our constitution. It basically overruled the Golak Nath case.

 [2]


[1] https://www.legalserviceindia.com/legal/article-750-preamble-to-the-indian-constitution

[2] https://indiankanoon.org/

Aishwarya Says:

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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