Preamble of the Indian Constitution

12.02.2024

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Why in the  news?

The Supreme Court of India recently agreed to examine whether the words "socialist" and "secular" can be removed from the Preamble of the Indian Constitution.

About the Preamble of the Indian Constitution:

• The preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles, and philosophy of the Indian Constitution.
• The Preamble is based on the Objectives Resolution, drafted and moved by Jawaharlal Nehru.

The Preamble reveals four ingredients or components:

○Source of authority of the Constitution: It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.

○Nature of the Indian State: It declares India to be a sovereign, socialist, secular, and democratic republic.

○Objectives of the Constitution: The objectives stated by the Preamble are to secure justice, liberty, and equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.

○Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

• Amendments: By the 42nd Amendment of 1976, the words “Socialist” and “Secular” were inserted; the Preamble now reads “Sovereign Socialist Secular Democratic Republic”.

Interpretation by the Supreme Court:

• Berubari Union case: In this case, it was held by the Supreme Court that the Preamble is part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
• Kesavananda Bharati v. State of Kerala: In this case, the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution.
• Again, in the LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.                                        

                                   Source:Hindustan times