Simone Lawson
The preamble to the Constitution of the Republic of India is widely considered to be an integral part of the constitution. The preamble contains the ideals, objectives, and basic principles of the constitution. It embodies the fundamentals, the philosophy, and the vision and commitment of a newly liberated nation. The preamble was amended in 1976 to include the terms 'socialist', 'secular', and 'integrity'. The Supreme Court of India has also held that the preamble is an integral part of the constitution and that it may be used to interpret ambiguous areas of the constitution.
| Characteristics | Values |
|---|---|
| Source of authority | The people of India |
| Nature of India | Sovereign, socialist, secular, democratic republic |
| Objectives | Secure justice, liberty, equality, fraternity, unity, integrity |
| Date of adoption | November 26, 1949 |
| Amended under | Article 368 |
| Number of amendments | 1 |
| Year of amendment | 1976 |
| Changes made | Added "socialist", "secular", "integrity"; changed "unity of the Nation" to "unity and integrity of the Nation" |
| Judicial interpretation | Not directly enforceable in court; may be used to interpret ambiguous areas |
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What You'll Learn
- The preamble is an integral part of the constitution, but it is not enforceable in a court of law
- The preamble outlines the objectives of the constitution, including justice, liberty, equality, and fraternity
- The ideals of the preamble include the elimination of all kinds of inequality and the treatment of all citizens with equality
- The preamble embodies the fundamentals, philosophy, and basic principles of the constitution
- The preamble is considered the key, heart, and soul of the constitution
The preamble is an integral part of the constitution, but it is not enforceable in a court of law
The preamble to the Indian Constitution is an integral part of the constitution, as it embodies the fundamentals and basic principles on which the constitution is based. It contains the objectives and vision of a newly liberated nation. The preamble declares India to be a sovereign, socialist, secular, and democratic republic. It also states the objectives of securing justice, liberty, equality for all citizens, and promoting fraternity to maintain unity and integrity within the nation.
The Supreme Court of India has, on several occasions, acknowledged the preamble as an integral part of the constitution. In the 1973 Kesavananda Bharati case, the Supreme Court overruled its earlier decision in the Berubari case, where it stated that the preamble was not an integral part of the constitution and therefore not enforceable in a court of law. The Court held that the preamble is part of the "'Basic Structure' of the constitution and can be used to interpret ambiguous areas. This was reaffirmed in the 1995 case of Union Government vs LIC of India, where the Supreme Court again asserted that the preamble is an integral part of the constitution.
Despite being an integral part of the constitution, the preamble is not directly enforceable in a court of law. The Supreme Court clarified that while the preamble is subject to constitutional amendments under Article 368, its basic structure cannot be altered. The preamble has only been amended once through the 42nd Amendment Act of 1976, where the terms 'socialist', 'secular', and 'integrity' were added, and ''unity of the nation' was changed to 'unity and integrity of the nation'.
The preamble is considered the heart and soul of the constitution, and its ideals of equality, liberty, and justice are fundamental to the Indian nation. However, it serves as an introductory part of the constitution, providing context and guiding principles rather than enforceable laws. The preamble sets the tone and direction for the constitution, but the specific provisions and articles within the main body of the constitution are what carry legal weight and can be enforced in a court of law.
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The preamble outlines the objectives of the constitution, including justice, liberty, equality, and fraternity
The preamble to the Indian Constitution outlines the objectives of the constitution, including justice, liberty, equality, and fraternity. It is an introductory statement that lays out the guiding principles and core values of the constitution. The preamble declares India to be a sovereign, socialist, secular, and democratic republic, with the source of its authority being the people of India. The objectives stated in the preamble emphasize securing justice, liberty, equality, and fraternity for all citizens, promoting unity and integrity within the nation.
The preamble serves as a foundational document, providing a framework for interpreting and implementing the constitution's provisions. It acts as a moral compass for policymakers and lawmakers, reminding them of their overarching goals. The ideals of equality are given prominence in the preamble, aiming to eliminate all forms of inequality based on caste, gender, or any other discriminatory factors. It ensures that all citizens of India are treated equally and enjoy equal protection under the law.
The preamble also embodies the fundamental values and philosophy on which the constitution is based. It reflects the aspirations and objectives of its framers, emphasizing the need for social, economic, and political justice. The term "liberty" in the preamble refers to the freedom of Indian nationals to think, express, and act without unreasonable restrictions. However, liberty must be exercised within constitutional limits.
The concept of "equality" in the preamble signifies the absence of special privileges for any section of society and the provision of equal opportunities for all individuals without discrimination. "Fraternity," derived from the French word, assures the dignity of individuals and promotes unity and integrity within the nation. The preamble has been amended only once, on December 18, 1976, during the Emergency in India, when the Indira Gandhi government made several changes.
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The ideals of the preamble include the elimination of all kinds of inequality and the treatment of all citizens with equality
The preamble to the Indian Constitution is widely accepted as the soul and spirit of the Constitution. It embodies the ideals, objectives, and basic principles of the Constitution. The preamble is an integral part of the Constitution, as held by the Supreme Court of India in the 1995 case of Union Government vs LIC of India. The ideals of the preamble include the elimination of all kinds of inequality and the treatment of all citizens with equality.
The preamble declares India to be a sovereign, socialist, secular, and democratic republic. It indicates that the source of authority of the Constitution lies with the people of India. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens, and promote fraternity to maintain unity and integrity among the citizens of the nation. The preamble seeks to ensure that all citizens of India are treated equally and are extended equal protection of the law without any discrimination based on caste, creed, birth, religion, sex, etc. It implies that regardless of the socio-economic situation one is born into, everyone will have the same opportunities to develop their talents and choose their means of livelihood.
The term 'equality' in the preamble means the absence of special privileges for any section of society and the provision of adequate opportunities for all individuals without any discrimination. It refers to a feeling of oneness and a sense of belonging with the country among its people. The preamble also emphasizes the importance of economic equality, directing the state to secure men's and women's equal rights to an adequate means of livelihood and equal pay for equal work.
The preamble was amended once in 1976 through the 42nd Amendment Act, wherein the terms 'socialist', 'secular', and 'integrity' were added. The term 'unity of the nation' was also changed to 'unity and integrity of the nation' to highlight the need for maintaining the integrity of the nation. The preamble is considered the heart and soul of the Constitution, providing a guiding framework for the interpretation and implementation of its various provisions. It serves as a moral compass for policymakers and lawmakers, reminding them of the overarching goals of justice, equality, liberty, and fraternity that they must strive to achieve in their decision-making processes.
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The preamble embodies the fundamentals, philosophy, and basic principles of the constitution
The Preamble to the Constitution of the Republic of India embodies the fundamentals, philosophy, and basic principles of the constitution. It is considered an integral part of the constitution, as held by the Supreme Court of India in the 1995 case of Union Government vs LIC of India. The Preamble, which was designed and decorated by the painter Beohar Rammanohar Sinha, declares India to be a sovereign, socialist, secular, and democratic republic. The ideals of equality are also given a place of pride in the Preamble, aiming to eliminate all kinds of inequality and discrimination based on caste, creed, birth, religion, and gender.
The Preamble sets out the objectives of the Constitution, including the provision of certain rights and freedoms to all citizens of India. These include justice, liberty, equality, and fraternity, which are outlined as follows:
- Justice: Social, economic, and political justice, as well as the maintenance of order in society through the provision of Fundamental Rights and Directive Principles of State Policy.
- Liberty: Freedom of thought, expression, belief, faith, and worship, without any unreasonable restrictions on Indian citizens.
- Equality: Absence of special privileges for any section of society, provision of equal opportunities for all individuals, and elimination of all forms of discrimination.
- Fraternity: Dignity of the individual, unity, and integrity of the nation, assuring a feeling of oneness and a sense of belonging among the people.
The Preamble also indicates that the source of authority of the Constitution lies with the people of India, implying that the country's legislature derives its power from the will of the people expressed in elections. This democratic form of government is further reinforced by the fact that the head of state, the President of India, is elected by the people.
In conclusion, the Preamble to the Constitution of India is an integral part of the constitution, embodying its fundamentals, philosophy, and basic principles. It sets out the objectives and rights that the nation strives to achieve and protect, providing a foundation for the country's laws and governance.
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The preamble is considered the key, heart, and soul of the constitution
The preamble to the Constitution of India is widely considered to be its key, heart, and soul. It is the foundation upon which the entire constitution is built, embodying its fundamental values, philosophy, and basic principles. The preamble is an integral part of the constitution, as held by the Supreme Court of India in the 1995 case of Union Government vs LIC of India. This ruling reaffirmed the decision made in the 1973 Kesavananda case, where the court recognised the preamble as part of the constitution's "'Basic Structure'".
The preamble sets out the objectives of the constitution, including the description of India as a sovereign, socialist, secular, and democratic republic. It also outlines the commitment to justice, liberty, equality, and fraternity for all citizens, as well as the promotion of unity and integrity within the nation. These ideals are reflected in the constitution's provisions, such as the guarantee of fundamental rights and directive principles of state policy.
The preamble is seen as the key to understanding the intent and purpose of the constitution. It provides an introduction to the document, much like a preface to a book, giving context to the clauses that follow. The ideals and objectives outlined in the preamble have directly and indirectly influenced the constitution's salient features. For example, the commitment to democracy and the guarantee of justice, equality, and freedom to all people of India are reflected in the constitution's provisions.
The preamble is subject to constitutional amendments under Article 368, as clarified by the Supreme Court. However, the basic structure and principles outlined in the preamble cannot be altered. This distinction was highlighted in the 42nd Amendment of 1976, which added the terms "socialist" and "secular" to the preamble but did not change its underlying structure.
In conclusion, the preamble is indeed the key, heart, and soul of the Constitution of India. It sets out the fundamental values, objectives, and principles that form the basis of the constitution and guides its interpretation and application. The preamble's role in shaping the constitution's features and its recognition as an integral part of the document by the Supreme Court further emphasise its significance.
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Frequently asked questions
Yes, the preamble is considered an integral part of the constitution. It contains the ideals, objectives, and basic principles of the constitution.
Yes, the preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be altered. The preamble has only been amended once through the 42nd Amendment Act in 1976.
The preamble is the "heart and soul" of the constitution, embodying its fundamental values and philosophy. It provides a description of the Indian State and outlines the rights and protections afforded to its citizens.
