PREAMBLE OF THE CONSTITUION OF INDIA

PRERNA FOR IAS

PREAMBLE OF THE CONSTITUION OF INDIA

1. About the Preamble

The Preamble is the introductory statement of the Constitution of India. It outlines the ideals, objectives, and guiding principles of the Constitution. Often called the “identity card” of the Constitution, it reflects the vision of the framers and helps in interpreting constitutional provisions, though it is not directly enforceable.

2. Evolution of the Status of the Preamble

The status of the Preamble evolved through judicial interpretation. In the Re Berubari Case (1960), the Supreme Court held that it was not part of the Constitution. Later, in the Kesavananda Bharati Case (1973), the Court reversed this view and recognized the Preamble as an integral constitutional component.

3. Text and Importance of the Preamble

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic. It aims to secure justice, liberty, equality, and fraternity for all citizens. These values guide governance, law-making, and constitutional interpretation, reflecting the aspirations of the Indian people and the spirit of democracy.

4. Re Berubari Union Case (1960)

Re Berubari Union Case dealt with whether the Preamble formed part of the Constitution. The Supreme Court, in its advisory opinion under Article 143, held that the Preamble was not a part of the Constitution and did not confer substantive powers or limitations.

5. Golaknath vs State of Punjab (1967)

Golaknath v. State of Punjab was a landmark case concerning constitutional amendments and Fundamental Rights. The Supreme Court held that Parliament could not amend Fundamental Rights in a manner that abridged or removed them. Constitutional amendments were treated as “law” under Article 13.

6. Kesavananda Bharati vs State of Kerala (1973)

Kesavananda Bharati v. State of Kerala is one of the most significant constitutional cases in India. It established the Basic Structure Doctrine, holding that Parliament can amend any part of the Constitution but cannot alter its basic structure. The Preamble was recognized as part of the Constitution.

7. Indira Nehru Gandhi vs Raj Narain (1975)