Omar Bennett
The preamble to a constitution is an introductory statement that presents the intentions of its framers, the history behind its creation, and the core values and principles of the nation. In the context of the Indian Constitution, Pandit Thakur Das Bhargava, a member of the Constituent Assembly, described the preamble as the key to the Constitution. This sentiment was echoed by English political scientist Ernest Barker, who was moved by the preamble text and quoted it in his book Principles of Social and Political Theory (1951). The preamble to the Indian Constitution has been deemed an integral part of the document by the Supreme Court, influencing the interpretation of statutes and provisions. However, it is not directly enforceable in a court of justice.
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What You'll Learn
- The preamble is an introduction to the Indian Constitution, but it is not enforceable in court
- The preamble outlines the intentions of the framers and the purpose of the document
- The preamble is not the supreme power, but it plays an important role in interpreting the Constitution
- The ideals behind the preamble were laid down by Jawaharlal Nehru's Objectives Resolution
- The preamble can be amended, but its basic structure cannot be
The preamble is an introduction to the Indian Constitution, but it is not enforceable in court
The preamble to the Indian Constitution is an introductory statement that outlines the core values, philosophy, and objectives of the Constitution. It was drafted by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947. The Preamble declares India to be a sovereign, socialist, secular, and democratic republic, with the elected head of state being the President of India. The ideals and vision for an independent India are reflected in this preamble.
The preamble is not a part of the Constitution and is therefore not directly enforceable in an Indian court of justice. This was established in the Berubari case, where the Court stated that the preamble is "the key to open the mind of the makers" but cannot be considered an integral part of the Constitution. The Supreme Court of India affirmed this view, stating that the preamble is not a source of restriction or prohibition but aids in interpreting ambiguous areas of the Constitution.
However, in the 1973 Kesavananda Bharati Case, the Supreme Court reversed its earlier decision and recognized that the preamble is part of the "Basic Structure" of the Constitution. It held that the preamble is subject to amendment by Parliament, provided the fundamental structure of the Constitution remains intact. The 42nd Amendment Act of 1976 amended the preamble, adding the terms "socialist," "secular," and "integrity."
While the preamble itself is not directly enforceable, it is worth noting that it does secure fundamental rights for Indian citizens, such as liberty of thought, expression, belief, faith, and worship. These rights, outlined in the preamble, are enforceable in a court of law. The preamble also guides the interpretation of Articles when the language is found to be ambiguous.
In conclusion, while the preamble to the Indian Constitution serves as an important introduction to the document, providing insight into its philosophy and objectives, it is not directly enforceable in court. Its role is to aid in interpreting the Constitution and securing the fundamental rights of citizens, which are then upheld and enforced by the legal system.
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The preamble outlines the intentions of the framers and the purpose of the document
The preamble to a document is an introductory statement that outlines the document's philosophy, objectives, and core values. In the context of a constitution, the preamble takes on a significant role in setting the stage for the entire framework of laws and principles that govern a nation. It presents the intentions of the framers, the historical context of its creation, and the fundamental principles that guide the nation's legal and political systems.
The preamble to the Indian Constitution, for example, has been described as "the key to open the mind of the makers" by the Court in the Berubari Case. While it is not directly enforceable in a court of law, the preamble plays a crucial role in interpreting the statutes and provisions of the Constitution. It reflects the ideals and values that the framers intended to embody in the nation's laws, such as sovereignty, socialism, secularism, democracy, and the integrity of the nation, as amended in 1976.
Similarly, in the United States, the preamble to the Constitution serves as an introduction to the highest law of the land. It communicates the framers' intentions and the purpose of the document without defining government powers or individual rights. The preamble to the U.S. Constitution begins with the famous phrase "We the People," emphasising the source of authority as the people of the United States.
The importance of the preamble as the key to understanding the intentions and purpose of a constitution has been highlighted by several notable figures. Pandit Thakur Das Bhargava, a member of the Constituent Assembly, described the preamble as "the most precious part of the Constitution. It is the Soul of the Constitution. It is the key to the Constitution." Similarly, English political scientist Ernest Barker was so moved by the preamble to the Indian Constitution that he quoted it in his book "Principles of Social and Political Theory" (1951), referring to it as "the key note of the constitution."
In conclusion, the preamble to a constitution is indeed the key that unlocks the intentions of the framers and the purpose of the document. It provides an essential framework for interpreting the laws and principles outlined in the constitution, ensuring that the core values and philosophy guiding the nation are understood and upheld. The preamble serves as a critical reminder of the foundational principles upon which a nation's legal and political systems are built.
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The preamble is not the supreme power, but it plays an important role in interpreting the Constitution
The preamble to a constitution is an introductory statement that explains the document's philosophy, objectives, and core values. It presents the intentions of its framers, the history behind its creation, and the principles of the nation. While it sets the stage for the Constitution, the preamble is not the law itself, nor does it define government powers or individual rights. Instead, it serves as an aid in interpreting the Constitution, providing context and guiding principles.
In the context of the Indian Constitution, the preamble plays a significant role in interpreting the Constitution, but it is not the supreme power. The Indian Supreme Court has held that the preamble is an integral part of the Constitution but is not directly enforceable in a court of justice. This was established in the Kesavananda Bharati Case, where a bench of 13 judges assembled to hear a writ petition. The Court held that while the preamble is not a source of restriction or prohibition, it is essential for interpreting the statutes and provisions of the Constitution.
Similarly, in the United States, the preamble to the Constitution has been used to interpret the nature of the governmental entity created by the Constitution, such as the federal government. The phrase "to form a more perfect Union" has been interpreted as referring to the shift from the Articles of Confederation to the Constitution. The Supreme Court has also used the preamble to support the federal supremacy clause and demonstrate that state nullification of federal law is not contemplated by the Constitution.
While the preamble is not the supreme power, it does shape the interpretation of the Constitution. The declared purposes and core values outlined in the preamble guide the understanding, interpretation, and application of the specific powers listed in the articles. This is particularly important when interpreting the Constitution in modern times, as courts have ruled that it must be interpreted in light of changed circumstances from the late 18th century when it was drafted.
In conclusion, while the preamble is not the supreme power, it is a crucial component of the Constitution. It provides the context, intentions, and core values that guide the interpretation and application of the Constitution's specific powers. The preamble sets the stage for the Constitution and plays a significant role in shaping how it is understood and applied in practice.
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The ideals behind the preamble were laid down by Jawaharlal Nehru's Objectives Resolution
The Preamble to the Indian Constitution is an introductory statement that elucidates the document's fundamental philosophy, objectives, and core values and principles. While it is not enforceable in court, it is an integral part of the Constitution, providing context for interpreting the Constitution's statutes and provisions.
The ideals encapsulated in the Preamble were heavily influenced by Jawaharlal Nehru's Objectives Resolution. Introduced by Nehru on December 13, 1946, in the Constituent Assembly, the Objectives Resolution laid out the foundational principles and aspirations for an independent and sovereign India. These principles included democracy, justice, equality, liberty, fraternity, and the guarantee of fundamental rights. The resolution reflected the values and aspirations of Indians and served as a guiding document for the nation's future governance.
Nehru's Objectives Resolution provided the framework for the Preamble, which begins with the words, "We, the people of India," signifying the source of authority of the Constitution being vested in the people of India. The Preamble, in turn, declares India to be a sovereign, socialist, secular, and democratic republic, echoing the principles established in the Objectives Resolution.
The Objectives Resolution was adopted by the Constituent Assembly on January 22, 1947, and later incorporated into the Preamble through the 42nd Constitutional Amendment in 1976. This amendment added the terms 'Socialist', 'Secular', and 'Integrity' to the Preamble, further aligning it with the ideals set forth in Nehru's Objectives Resolution.
In conclusion, Jawaharlal Nehru's Objectives Resolution played a pivotal role in shaping the Preamble to the Indian Constitution. By outlining the aspirations and principles that would guide the nation, the Objectives Resolution provided the philosophical foundation upon which the Preamble was built, thereby influencing the interpretation and application of India's Constitution.
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The preamble can be amended, but its basic structure cannot be
The preamble to a constitution is an introductory statement that sets the stage for the document. It outlines the fundamental values, objectives, and philosophy of the constitution, presenting the intentions of its framers, the history of its creation, and the core values and principles of the nation. In the context of the Indian Constitution, the preamble declares India to be a sovereign, socialist, secular, and democratic republic. It articulates the ideals of justice, liberty, equality, and fraternity, among others.
The Indian Supreme Court has held that the preamble is an integral part of the Constitution, but it is not directly enforceable in a court of law. This was established in the 1960 Berubari Union Case, where the Court stated that "Preamble is the key to open the mind of the makers." However, in the 1973 Kesavananda Bharati vs State of Kerala Case, the Court held that the preamble could be considered part of the Constitution and could be amended under Article 368, but only subject to the condition that no amendment is made to its 'basic structure'.
The preamble to the Indian Constitution has been amended only once, in December 1976 by the Indira Gandhi government through the 42nd Constitutional Amendment Act. This amendment introduced the words 'socialist' and 'secular' between '"sovereign" and "democratic", and changed 'Unity of the Nation' to 'Unity and Integrity of the Nation'. The basic structure of the preamble, which includes the core values and principles of the nation, remains unchanged.
While the exact phrase "the preamble is the key of the constitution" could not be attributed to a specific person in the sources found, the Indian Supreme Court's statements in the Berubari Union Case come close to this idea. The Court's statement, "Preamble is the key to open the mind of the makers," highlights the importance of the preamble in understanding the intentions and philosophy behind the Constitution.
In summary, while the preamble to the Indian Constitution can be amended with respect to certain words or phrases, its basic structure, which encompasses the core values and principles of the nation, cannot be altered. This restriction on amending the basic structure of the preamble ensures that the fundamental values and philosophy of the Constitution remain intact, even as the nation evolves and undergoes legal changes.
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Frequently asked questions
Pandit Thakur Das Bhargava, a member of the Constituent Assembly, said, “The Preamble is the most precious part of the Constitution. It is the Soul of the Constitution. It is the key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the constitution.”
Yes, English political scientist Ernest Barker was so moved by the preamble text that he quoted it in his popular book, "Principles of Social and Political Theory" (1951). He described the preamble as "the key note of the constitution".
A preamble is an introductory statement that outlines the philosophy and objectives of a document. In the case of a constitution, it presents the intentions of its framers, the history behind its creation, and the core values and principles of the nation.
