PREAMBLE – THE IDENTITY CARD OF INDIAN CONSTITUTION

INTRODUCTION

Preamble plays a very important role in the exsistence of Indian democracy. It is the short introductory note to the Indian Constitution. In a nutshell, it is the summary, synopsis and fundamental principles of our vibrant democracy. the Preamble to the CONSTITUTION are as follows :

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 Nation;

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

THE CONCEPT OF PREAMBLE IN INDIAN CONSTITUTION HAS BEEN TAKEN FROM THE CONSTITUTION OF UNITED STATES OF AMERICA

MAIN IDEAS OF OUR PREAMBLE

The Preamble to the constitution simply states that it is WE THE PEOPLE OF INDIA through which the concept of political sovereignty is governed, therein it is important to highlight that legal sovereignty lies on the constitution of India itself.

SOVEREIGN : It means that India is capable to take her independent decisions both in terms of external and internal matters .

SOCIALIST : It means that there is the presence of democratic socialism in India that calls for equality before law and equal protection of law. It is directly or indirectly guarantees the fundamental rights enshrined in our constitution.

SECULAR : It shows the spirit of unity in diversity among Indians. It states that INDIA has no religion and it treats all the religions equally.

DEMOCRATIC : It is the expression of universal adult franchise.

REPUBLIC : It discourages the idea of kingship where government and state are ruled by hereditary relations.

Preamble gives much emphasis on the protection of justice be it social, economic and political. It It upholds the spirit of liberty, equality and fraternity along with unity and integrity of the constitution. Due to these principles , an eminent jurist N.A. PALKIWALA referred the PREAMBLE as IDENTITY CARD OF THE CONSTITUTION.

LEGISLATIVE AND JUDICIAL DEVELOPMENT WITH REGARD TH THE PREAMBLE

The 42nd amendment was a wide ranging amendment affecting large parts of the constitution. The amendment made changes to the Preamble, to the seventh schedule of the Constitution, and to 53 articles of the constitution. Due to these voluminous changes in the Constitution 42nd amendment was called a mini constitution.

Kesavananda Bharati vs State of Kerala

In this case landmark case it was held that the parliament cannot amend the basic structure of the constitution . Preamble is the part of basic structure of the constitution. Thus, parliament CANNOT DESTROY THE BASIC IDEAS ENSHRINED IN OUR INDIAN CONSTITUTION .In the Berubari Case (1960), the amenability & the significance of the constitution came into force. An important & very interesting question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an interpretation of the Article 3. The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368. Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh (erstwhile East Pakistan). Supreme Court also held the view that Preamble cannot be a part of the constitution but Kesavananda Bharti CASE (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed

CONSTITUTION

The father of our Indian Constitution Dr.BR Ambedkar had immense contribution on making of our constitution .Our constitution was adopted on 26th NOVEMBER, 1949 and came into force on 26th JANUARY, 1950.Preamble is not only the basic structure of our constitution but also it act as a guiding force for we the people of India .There was tussle between legislature and judiciary with regard to the preamble. The union government had proposed to amend the preamble by exercising article 368 of constitution. However, the judiciary turn down the proposal of the union government and stated that parliament cannot destroy the basic structure of constitution as preamble is also the part of basic structure of the constitution. It can be concluded that preamble is the identity card of our nation .We must follow the basic principles enshrined in our constitution. Thus, preamble is the symbol of Indian culture and it has significant role in paying much attention to the other ideas mentioned in our constitution.

REFERENCES

  1. WIKIPEDIA

2. http://www.legislative.gov.in

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.

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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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