Isabella Carter
The United States Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Preamble to the Constitution of India, on the other hand, has been amended only once, on December 18, 1976, during the Emergency when the Indira Gandhi government pushed through several changes in the 42nd Amendment of the Constitution. This raises the question: Is an amendment a preamble to the constitution?
| Characteristics | Values |
|---|---|
| Number of Amendments to the US Constitution | 27 |
| First 10 Amendments to the US Constitution | The Bill of Rights |
| Date of Ratification of the First 10 Amendments | December 15, 1791 |
| Number of Amendments Proposed by the First Congress of the US | 12 |
| Date of Proposal of Amendments by the First Congress of the US | September 25, 1789 |
| Number of Amendments Ratified by Three-Fourths of State Legislatures | 10 (Articles 3–12) |
| Number of Amendments to the Constitution of India | 1 |
| Date of Amendment to the Constitution of India | December 18, 1976 |
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The US Constitution
Amendments, on the other hand, are changes or additions made to the Constitution after its ratification. There have been 27 amendments to the US Constitution, including the Bill of Rights. Amendments are proposed and ratified according to the procedures outlined in Article Five of the original Constitution. The process involves a proposal by Congress and ratification by a specified number of state legislatures, or by conventions in the states, depending on the nature of the amendment.
The process of amending the Constitution is a complex and deliberate one, designed to protect the stability and longevity of the nation's fundamental law. It requires broad consensus and support across the country, ensuring that any changes made reflect the will of the people and are in the best interests of the nation. This process highlights the importance and significance placed on the Constitution as the foundation of the US legal system.
While the Preamble is not subject to amendment in the same way as the articles and sections of the Constitution, it is worth noting that the interpretation and application of the Preamble have evolved over time. Court cases and legal scholars have influenced how the Preamble is understood and used in legal contexts, demonstrating its dynamic nature as a living document.
In contrast to the US Constitution, the Constitution of India provides an example of a preamble that has been amended. The Indian Supreme Court clarified that the preamble, as part of the Constitution, can be subjected to constitutional amendments under Article 368. However, the basic structure of the Constitution, including the preamble, cannot be altered, underscoring its significance as the heart and soul of the document.
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The Preamble
In summary, the preamble to a constitution is a crucial component that sets the tone and provides a guiding vision for the document. While amendments are made to the substantive parts of a constitution, the preamble often remains a constant reminder of the core principles and ideals that the nation strives to uphold.
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Amendments
The US Constitution is composed of a preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. These amendments were first proposed on September 25, 1789, and ratified on December 15, 1791. The first three articles of the Bill of Rights are as follows: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The remaining 17 amendments were added gradually over time, with the most recent being added in 1992, 203 years after it was first proposed.
The Constitution of India also includes a preamble, which has been amended once, in 1976. The Supreme Court of India has clarified that the preamble can be subjected to Constitutional Amendments, provided that the basic structure of the Constitution is not altered.
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The Bill of Rights
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, known as the Bill of Rights, were ratified on December 15, 1791. The Bill of Rights was added to the Constitution to address the objections raised by Anti-Federalists and to limit the powers of the government. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments.
James Madison, then a member of the US House of Representatives, altered the Constitution's text to address these concerns. However, several representatives objected, so Madison's changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789.
The first Congress of the United States proposed 12 amendments, 10 of which were ratified by three-fourths of the state legislatures on December 15, 1791. These ratified amendments constitute the first 10 amendments of the Constitution, or the US Bill of Rights. The Bill of Rights includes specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. It also includes limitations on the government's power, declaring that all powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
The concepts codified in the Bill of Rights were influenced by earlier documents, such as the Virginia Declaration of Rights, the Northwest Ordinance, the English Bill of Rights, and the Magna Carta. The Bill of Rights is considered one of the three founding documents of the United States and has been on permanent display in the National Archives in Washington, DC.
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The Indian Constitution
The Preamble to the Constitution of India, beginning with the words "We, the people of India", was debated and adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950, celebrated as Republic Day. The Preamble, based on the Objectives Resolution, was initially drafted by Jawaharlal Nehru, with the words "socialist", "secular", and "integrity" added later by Indira Gandhi during the Indian Emergency.
The Supreme Court of India has played a significant role in interpreting the Preamble's role within the Constitution. Initially, in the Berubari case (1960), the Court held that the Preamble was not an integral part of the Constitution and was not enforceable in a court of law. However, in the 1973 Kesavananda Bharati Case, the Court overruled its earlier decision, recognising the Preamble as part of the "Basic Structure" of the Constitution and subject to the amending power of Parliament. This interpretation was reaffirmed in the 1995 case of Union Government vs LIC of India.
The Preamble has been amended several times to reflect the evolving nature of Indian society and politics. The 42nd Amendment in 1976 added the term "secular", emphasising the equal freedom and respect for all religions, and the absence of a state religion. The same amendment also added the word "integrity" to the Preamble, underscoring the unity and integrity of the nation. These amendments reflect the dynamic nature of the Indian Constitution and its ability to adapt to the changing needs and values of Indian society.
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Frequently asked questions
A preamble is an introductory statement, in this case, to a constitution.
The Preamble to the US Constitution is the introduction to the US Constitution, which begins with the words "We the People".
In the case of the Indian Constitution, the preamble has been amended once, in 1976. The Supreme Court of India has clarified that the preamble can be amended, as long as the basic structure of the constitution is not altered.
There have been 27 amendments to the US Constitution, beginning with the Bill of Rights, the first 10 amendments, ratified on December 15, 1791.
The process of amending the US Constitution is as follows: First, two-thirds of both the Senate and House of Representatives propose an amendment. Then, three-fourths of the state legislatures must ratify the amendment for it to become part of the Constitution.
