Preamble- significance, objectives and amendment of Preamble

 

The Preamble to the Indian Constitution is a brief introductory statement that outlines the philosophy and objectives of the Constitution. It reflects the ideals, goals, and principles enshrined in the Constitution. Below is an explanation of its significance, objectives, and amendment with relevant case laws:

1. Significance of the Preamble

  • The Preamble serves as a guiding light for the Constitution and provides the foundation for interpreting its provisions.
  • It reflects the philosophy and aspirations of the people of India and establishes the nature of the state.

Key Points

  1. Source of Authority

    • Declares that the power and authority of the Constitution derive from the people of India.
    • Case Law: Kesavananda Bharati v. State of Kerala (1973)
      • The Supreme Court held that the Preamble is a part of the Constitution and reflects its basic structure.

  2. Reflects Ideals

    • Embodies the ideals of justice, liberty, equality, and fraternity.
    • Provides direction for legislative, executive, and judicial functions.

  3. Interpretive Tool

    • Acts as a tool for understanding ambiguous constitutional provisions.
    • Case Law: Berubari Union Case (1960)
      • The Supreme Court ruled that the Preamble is not enforceable but can be used to interpret constitutional provisions.

  4. Declaration of Sovereignty

    • Declares India as a sovereign state, emphasizing independence in decision-making.

2. Objectives of the Preamble

The Preamble highlights the objectives of the Indian Constitution, which are classified into the following principles:

1. Justice

  • Includes social, economic, and political justice to ensure fairness in society.
  • Case Law: State of Kerala v. N.M. Thomas (1976)
    • The Court upheld the principle of social justice, interpreting it in light of the Preamble.

2. Liberty

  • Ensures freedom of thought, expression, belief, faith, and worship.
  • Case Law: Maneka Gandhi v. Union of India (1978)
    • The Court expanded the scope of liberty under Article 21, drawing from the Preamble.

3. Equality

  • Promotes equality of status and opportunity, eliminating discrimination.
  • Case Law: Indra Sawhney v. Union of India (1992)
    • Affirmed the objective of equality in reservations and upheld the "creamy layer" concept.

4. Fraternity

  • Aims to promote a sense of unity, dignity, and integrity among citizens.
  • Case Law: Union of India v. Association for Democratic Reforms (2002)
    • Emphasized fraternity in ensuring transparent democratic processes.

3. Amendability of the Preamble

  • The Preamble can be amended under Article 368 of the Constitution, provided the amendment does not alter its basic structure.

Notable Amendment

  1. 42nd Amendment (1976)
    • Added the words "Socialist," "Secular," and "Integrity" to the Preamble.
    • It strengthened the commitment to equality, religious freedom, and national unity.

Case Law: Kesavananda Bharati v. State of Kerala (1973)

  • The Supreme Court ruled that the Preamble is part of the Constitution and can be amended, but its basic structure cannot be altered.

Case Law: LIC of India v. Consumer Education and Research Centre (1995)

  • The Court reiterated that the Preamble is a part of the Constitution and reflects its essence.

Conclusion

The Preamble serves as the soul of the Indian Constitution, providing the philosophical basis for governance and administration. It ensures justice, liberty, equality, and fraternity while emphasizing sovereignty, socialism, secularism, and democracy. Through landmark cases like Kesavananda Bharati, the judiciary has highlighted its importance, ensuring that the Preamble remains a guiding force in interpreting and preserving the Constitution’s values.

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