Importance Of Preamble


INTERPRETATION VALUE OF THE PREAMBLE

The Indian Constitution's Preamble reflects the Constitution's basic structure and spirit. The preamble is thought to be a channelling tool for the interpretation of the entire constitution. The preamble serves as the introduction to India's constitution and lays out the philosophical principles. It is a written representation of the entire constitution.

Importance of Preamble

The Preamble declares four goals for India's governance:

1. Social, economic, and political justice;
 
2. The freedom to think, express oneself, believe in one's faith, and worship one's God;
 
3. Equality of status and opportunity;
 
4. And fraternity, which ensures the individual's dignity as well as the nation's unity and integrity.
 

PREAMBLE AS PROJECTOR OF ‘DESIRED ESTABLISHED STATE’

The Preamble declares the people of India's solemn resolution to transform India into a "Sovereign socialist secular democratic republic." In the constituent assembly, the Preamble was adopted along with the constitution. Along with the constitution, it went into effect in 1950. The first line of the original draught of the constitution read, "Sovereign Democratic Republic."
The 42nd amendment, passed in 1976, added the words "Socialist and Secular." The same amendment resulted in the words "unity of the nation" being changed to "unity and integrity of the nation." The 'We the People' clause in the Indian Constitution's preamble is significant. These words emphasise that power ultimately rests in the hands of the Indian people.
 
The word "sovereign" plays an important role in India's constitution, according to the preamble. It means "supreme" or "independent," and it denotes that India is sovereign both internally and externally, free of foreign control. The term "socialist" carries a lot of weight because it implies economic and social equality. During the emergency, the 42nd Amendment Act of 1976 added the word.
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Secularism is also guaranteed by the Preamble. The 42nd Amendment Act of 1976 also added the word "secularism" to the preamble. Secularism implies that all religions are equal and that religious tolerance is acceptable, but it does not identify any state religion. The words Democratic and Republic are also mentioned in the Indian Constitution's preamble. India is governed by a democratic system.
 
India's people elect their government at all levels, including the Union, States, and local governments, through a system of universal adult franchise. India is also a Republic, which means that the country's leader is elected for a set period of time, either directly or indirectly. India's president is the country's nominal ruler. As a result, the preamble is crucial.
 

PREAMBLE AS INTERPRETER OF LEGISLATION AND STATUTES

The Indian Constitution begins with a preamble that expresses the spirit of the document. Every piece of legislation is crafted in accordance with the spirit of the preamble, ensuring that the statutes' constitutionality and objectives are met. It contains recitals that explain why a piece of legislation was passed and prevents the legislation from becoming ambiguous.
 
The court held in Kashi Prasad v. State of Uttar Pradesh that, while the preamble cannot be used to overturn the provisions of the legislation, it can be used as a valuable source in interpreting the legislation.
 

As a source of power under the Indian Constitution:

The preamble to India's constitution begins with the words "We the People of India," implying that the constitution's authority rests with the people of India, who pushed for its enactment for their own governance. The Preamble cannot override any provision of the Indian Constitution.
 
The Supreme Court ruled in Re Berubari that the Preamble was not a part of the constitution and thus could not be considered a source of substantive power. The Supreme Court, in the case of Keshavananda Bharati, rejected the above viewpoint and declared the preamble to be a part of the constitution. The preamble must be considered when reading the constitution. The preamble could be used to exercise the parliament's amendment power under Article 368, but basic elements cannot be changed. The words "Secularism, Socialism, and Integrity" were added to the preamble by the 42nd Amendment.
 

GENERAL RULES OF INTERPRETATION OF THE CONSTITUTION

Importance of Preamble
• If the words are unmistakable and clear, they must be given their full impact.
 
• The entire constitution must be read.
 
• Harmonious construction principles must be followed.
 
• The constitution must be interpreted liberally and broadly.
 
• The court must infer the constitution's spirit from the language.
 
• When interpreting, both internal and external aids may be used.
 
• The Constitution takes precedence over all other laws.
 
To sum up, the spirit or ideology that underpins the Constitution is sufficiently crystallised in the preamble.

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