Preamble is one of the most important part of Indian Constitution but the question arises how it should be studied for the competitive exams, which topics are important and relevant. Through this blog we will study the most important aspects related to preamble.
1. Introduction: What Is the Preamble?
The Constitution of India is the fundamental document because it lays down how our country should be governed. It lays down all the powers available to the government and the rights of citizens.
If someone wants to understand the basic idea behind the Constitution, the easiest way is to begin with the Preamble.
The Preamble is like a preface to the Constitution. It tells us what the Constitution makers wanted to achieve and what kind of country they wanted India to become. In simple words, it gives us an idea of the thinking behind the Constitution.
Nani Palkhivala called the Preamble the identity card of the Constitution. It is also often described as the horoscope of the Constitution because it gives us an idea of the direction in which our country is supposed to move.
One interesting thing is that although the Preamble comes at the beginning of the Constitution, it was finalised after the Constitution makers had discussed the different provisions of the Constitution. The reason was simple. Once the makers had decided what the Constitution would contain, they could explain its overall purpose through the Preamble.
The Preamble begins with the words, "We, the people of India."
These words are very important. They tell us that the Constitution gets its authority from the people of India. It was not given to us by any foreign power. The people of India adopted the Constitution for themselves.
The idea behind the Preamble came from the Objective Resolution moved by Jawaharlal Nehru on 13 December 1946. This Resolution was later adopted by the Constituent Assembly on 22 January 1947 and became the foundation for the philosophy of our Constitution.
So, whenever you are studying the Constitution, remember that the Preamble gives you a basic understanding of what the Constitution stands for.
2. Is the Preamble a Part of the Indian Constitution?
This is one of the most important questions in constitutional law, and we have two landmark judgments to understand it.
The first is the Re Berubari Union case, 1960. In this case, the Supreme Court held that the Preamble is not a part of the Constitution. The Court also held that although the Preamble could help us understand the intention of the Constitution makers, it could not be treated as an independent source of power.
However, this position was changed in Kesavananda Bharati v. State of Kerala, 1973, where the Supreme Court clearly held that the Preamble is a part of the Constitution, as it contains the basic ideas and principles on which our Constitution is based.
3. Can Preamble Be Amended?
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that the Preamble can be amended like other provisions of the Constitution, but at the same time parliament cannot make any amendment that goes against the basic structure of the Constitution.
Let us try to understand this with a simple example.
Suppose Parliament wants to bring in a constitutional amendment to promote gender equality. Such an amendment may be allowed provided it does not change the basic structure of the constitution. But suppose at the same time Parliament wants to change the nature of government from democratic into a dictatorship. This could not be allowed because it goes against the principle of basic structure doctrine.
4. The meaning of important terms in the preamble?
The Preamble uses the terms such as Sovereign, Socialist, Secular, Democratic Republic.
Let us try to understand these terms:
Sovereign: India is an independent nation and no external or internal disturbances can regulate how it should run its government or make its laws.
Socialist: Equal opportunities and access to resources should be provided by government to all its citizens irrespective of its social status.
Secular: India does not have religion of its own, citizens can practice their religion.
Democratic: The government is by the people, for the people and of the people.
Republic: The head of the state is elected and it is not a hereditary position.
5. Total Amendments in Preamble till date.
The Preamble has been amended only once.
This amendment was done through 42nd Constitutional Amendment Act in the year 1976.
Three words were added to the Preamble:
1. Socialist
2. Secular
3. Integrity
Before this amendment, the Preamble described India as a Sovereign Democratic Republic. After the amendment, it described India as a Sovereign Socialist Secular Democratic Republic.
The words "unity of the Nation" were also changed to "unity and integrity of the Nation".
The purpose of adding these words was to make the constitutional commitment to social and economic justice, religious equality and national unity more explicit.
Conclusion
The Preamble is the best place to start if you want to understand the Constitution of India. It tells us what kind of country India is, what rights and values we believe in and what the Constitution makers wanted to achieve.
For judiciary aspirants, the Preamble is not just a topic to be memorised. It is something that helps you understand constitutional law in a much better way. Whenever you study Fundamental Rights, constitutional amendments or important judgments, the principles mentioned in the Preamble will help you connect the different topics.
At Maansarovar Law Centre, we help judiciary aspirants understand important legal topics through simple explanations and structured notes.