As you are aware that the Preamble of the Indian Constitution Serves as some brief introductive statements of the Indian Constitution that set out the guiding purpose. Principles and philosophy of the Indian Constitution by 42nd Constitutional Amendment Act, 1976 it was amended which determines the Constitution of India into Sovereign, Socialist, Secular, Democratic, Republic. (The words are fragrant.)
American Constitution was the first, to begin with, a preamble. What is a Constitution? The Constitution is basically a set of rules, principles, and guidelines, based on which government functions. What do these terms mean?
It secures Justice, Liberty, Equality for all Indian citizens. And promote fraternity amongst the people. The idea of the following things can be given by the preamble which says:-
1. Source of the Constitution,
2. Nature of Indian State,
3. A statement of its objectives,
4. Date of its adoption.
Let us see what is the Preamble of the Indian Constitution says?
It says that 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.
1. It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
2. Preamble declares India to be a Sovereign, Socialist, Secular and Democratic republic.
3. The objectives stated by the Preamble are to secure justice, liberty, equity for all citizens and promote fraternity to maintain the unity and integrity of the nation.
4. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949. Now as I mentioned above, there are some keywords in the preamble that are fragmented.
Let us see what they deliver.
1. It is a very important word i.e., Sovereign:- The term sovereign which is proclaimed by the preamble means that India has its own independent authority and it is not dominant on any other external power. In the country, the legislature has the power to make laws that are subjected to certain limitations.
2. The second important word is Socialist:- The term socialist was added in the preamble by the 42nd Amendment Act 1976. Which means the achievements of socialist and democratic means. Basically, democratic socialism holds faith in a mixed economy where both the private and public sector co-exists side by side.
3. The third important word is Secular:- The term was incorporative in the preamble by 42nd Constitutional Amendment Act, 1976. This means that all the religions in India have equal respect, protection, and support from the state & there shall be no discrimination.
4. The fourth important word is democratic:- The term democratic implies that the Constitution of India has an established form of constitution that gets its authority from the will of the people expressed in any election.
5. The fifth important word is Republic:- The term republic indicated that the head of the state is elective by the people directly or indirectly. In India, the president is the head of the state and he is elected indirectly by the people.
Now as you are aware of what the preamble says and you are also aware of the important terminologies and meanings of the Preamble Constitution. It is very important to memorize the Preamble, Now let me tell you some interpretations by the Supreme Court.
The landmark judgments are related to the preamble of the Indian Constitution.
1. Berubari Union Case:- In this case, it was held by the Honorable Supreme Court that the preamble is part of the Constitution. However, it is recognized that the preamble could be used as a guiding principle of a term of any Article of the Constitution which is ambiguous or has more than one meaning.
2. Kesavananda Bharti Vs. The State of Kerala, 1973:- In this case overturned its earlier decision and held that the preamble is the part of the constitution, and can be amended under Article 368 of the Indian Constitution.
3. Again in the case of LIC the Honorable Supreme Court held that the preamble is a part of the Indian Constitution.
