Is Preamble A Part Of The Indian Constitution?

Is Preamble A Part of The Indian Constitution?

Whether the Preamble should be treated as a part of the constitution or not has been a source of heated debate and debate in the past. The thorny question of whether the Preamble is a part of the Constitution or not was addressed in two landmark cases:
 

BERUBARI CASE

Is Preamble A Part of The Indian Constitution
The Presidential Reference "under Article 143(1) of the Constitution of India on the implementation of the Indo-Pakistan Agreement Relating to Berubari Union and Exchange of Enclaves" in the Berubari case was heard by an eight-judge bench led by Chief Justice B.P. Singh.
 
The Court's unanimous opinion was delivered by Justice Gajendra Gadkar.
 
The court ruled that while the Preamble to the Constitution, which contains the declaration made by the people of India in exercise of their sovereign will, is "a key to open the mind of the makers" and may reveal the general purposes for which the various provisions in the Constitution were enacted, it is not a part of the Constitution.
 

KESHAVANANDA BHARATI CASE

The case of Keshavananda Bharati has made history. For the first time, a bench of 13 judges convened to hear the writ petition under its original jurisdiction. Thirteen judges weighed in with 11 different opinions. To the extent necessary for the Preamble's purpose, the majority in the Keshavananda Bharati case leans in favour of holding: 
 
• That the Preamble to the Constitution of India is a part of the Constitution; 
 
• That the Preamble is not a source of power, limitations, or prohibitions;
 
• The Preamble plays an important role in the interpretation of statutes as well as the interpretation of Constitutional provisions.
 
The Keshavananda Bharati case is both a watershed moment and a turning point in India's constitutional history.
 
The Preamble, according to D.G. Palekar, J., is a part of the Constitution and thus amendable under Article 368. To summarise, the Preamble serves as an introduction to our Constitution. Nehru's Objective Resolution is the basis for the Preamble. The preamble describes the nature of the state and the goals that India must achieve. There was some debate about whether the Preamble was a part of the Indian Constitution, and there were several judicial interpretations before it was finally decided in the Keshavananda Bharati case that it was.
 
As a result, the Supreme Court's current position that the Preamble is a part of the Constitution is consistent with the views of the Constitution's founding fathers. However, there are two things to keep in mind:
 
• The Preamble is neither a source of legislative power nor a limitation on legislative authority.
 
• It is non-justiciable, which means that its provisions cannot be enforced in a court of law.
 

AMENDABILITY OF THE PREAMBLE

Is Preamble A Part of The Indian Constitution
In the famous case of Keshavananda Bharati v. State of Kerala, 1973, the Supreme Court debated whether the preamble to India's constitution can be amended or not. The Supreme Court ruled that the preamble is a part of the constitution that can be amended, but that Parliament cannot change the preamble's basic features. "The edifice of our constitution is based upon the basic element in the Preamble," the court said. If any of these elements are removed, the structure will not survive, it will no longer have the same constitution, and it will lose its identity."
 
The 42nd Amendment Act, 1976, added the words "Socialist," "Secular," and "Integrity" to the preamble of the Indian constitution in order to ensure economic justice and the elimination of income and standard of living disparities. Secularism entails religious tolerance and equality for all religions, but it does not identify a state religion. The word integrity ensures one of the preamble's major aims and objectives, which is to ensure the state's fraternity and unity.

Any suggestions or correction in this article - please click here

Share this Post:

Related Posts: