The preamble of the Indian constitution

The preamble to an act sets out the main objectives which the legislation is intended to achieve. It is a short of introduction to the statute and many a time so very helpful to understand the policy and legislative intent. It expresses what we had thought or dreamed for so long the constitution makers gave to the preamble the place of pride. It embodies in a Solemn form all the ideas and aspirations for which the country has struggle during the British regime. In Rey berubary case the supreme court has said that preamble to the constitution is a key of to open the mind of the makers and shows the general purpose for which they made the several provisions in the constitution.

The preamble declares :-

We, the people of India having solemly resolve to constitute India into a sovereign socialist secular democratic republic and to serve two all its citizens :
Justice, social, economic and political :
liberty of thought, expressions, believe, faith and worship:
equality of status and of opportunity and to promote among them all:
Fraternity assuring the dignity of the individuals and the unity and the integrity of the nation.
In our constituent assembly this 26th day of November 1949 do hereby adopt, enact and give to ourself this constitution.

Preamble how far useful in interpreting the constitution :- the preamble is the key to open the mind of the makers. But it does not mean that the preamble can override the express provisions of the act. In re berobari case the supreme court held that the preamble was not a part of the constitution and their for it could never be regards as the source of any substantive powers. such power expressly granted in the body of constitution.

But in keshavanand bharati’s case the supreme court rejected the above view and hel that the preamble is part of the constitution. Do in any ordinary statute to not much importance is attached to the preamble all importance has to be attached to the preamble in a constitution statute. Sikri CJ observed no authority has been referred before us to established the proposition and what is true about the powers is equally true about the prohibitions and limitations. Even from the preamble limitations have been derived in some cases. It seems to me that the preamble of our constitution is of extreme importance and the constitution should be read and interpreted in the site of the grand and noble vision expressed in the preamble. In fact the preamble was relied on in imposing implied limitation on the amending power of parliament under article 368 of the constitution.

Objective enshrined in the preamble :- the following are the objectives which the preamble secured to every citizen:-

Justice – social economic and political
Liberty – of thought, expressions, believe, faith and worship
Equality of status and of opportunity and to promote among them all
Fraternity – assuring the dignity of the individuals and the unity and integrity of the nation.

Can preamble be amended under article 368- this question was raised for the first time before the supreme court in the historic case of keshavanand Bharati versus state of Kerala air 1973 SC 1461 in this case the attorney general argue that by virtue of the amending power in article 368 even the preamble can be amended. It was said that since the preamble was a part of the constitution it could be amended like any other provisions of the constitution. The petitioner however contended that the amending power in article 368 is limited. Preamble creates and implied limitation on the power of amendment.
42 amendment and the preamble :- the amendment was inserted 3 new words in the preamble secularism socialism and integrity. This concept to war already implied in the constitution. The amendment merely spell out clearly these concept in the preamble.

Socialism is implicit in the preamble and the directive principle of the constitution. The term economic justice and the preamble denotes nothing but India’s resolve to bring socio economic revolution. The directive principle particularly article 39 B and c of the constitution are charters of social and economic liberties of the people. The word socialism has however not definite meaning. It has been invariably used in both of the types of constitution democratic and communist.

In excel were versus union of India the supreme court consider the effect of the word socialist in the preamble. The court has that the addition of the word socialist might unable the code to lean more in favour of nationalization and state ownership of an industry. But so long as private ownership of industries is recognised and governance and overwhelming large proportion of our economics structure, the principal of socialism and social justice cannot be posed to such an extend so as to ignore completely, or to a very large extend, the interest of another section of the public namely the private honours of the undertaking in DS nakara versus union of India the supreme court has held at the basic framework of socialism is to provide a decent standard of life to working people as a especially provide security from cradle to grave. This amongst others on economic side and we sayd economic equality and equitable distribution of income. This is a blind of marxism and Gandhi’s learning haveli toward Gandhian socialism. This is the type of socialism which we wish to established in our country.

The word integrity is intended to put an and two separatist intend seas and make people feel that every part of India is there home. This concept was already implicit in the nature of the federation and we saved by the Indian constitution. The framers have used the word India shall be a union of state in article 1 of the constitution with the view to make it clear and the state have no right to succeed from the federation. In addition to this article 19 sub close to emp power the state to impose reasonable restrictions on the freedom of speech and expressions of citizens in the interest of integrated and sovereignty of India. The freedom cannot be allowed to endangered the integrity or sovereignty of India or to allow citizens to preach secession of any part of India from the union. In view of the above provisions of the constitution, this amendment was not necessary.

Secularism mean state which does not recognise any religion as a state religion. It traits are religion equally the concept of secularism was already implicit in the constitution Liberty of belief faith and worship. Article 25 to 28 of the constitution guarantee to every person the freedom of conscience and the right of profess, practice and propagate religion. In sand xaviers College versus state of Gujarat the supreme court has said all those the words secular state are not expressly mentioned in the constitution but their can be no doubt that constitution makers wanted to established such a state and accordingly article 25 to 28 have win included in the constitution.

In sromi versus union of India the supreme court has held that secularism is the basic feature of the constitution.

In Aruna Roy versus union of India the supreme court has said that secularism has a positive meaning that is developing understanding and respect toward different religions.

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