Preamble

INTRODUCTION

  1. Preamble serves as the introduction or preface to the constitution.
  2. It contains the Spirit or Essence of the constitution.
  3. It is referred as the Soul of Constitution.
  4. It establishes the main objective of Indian Constitution.
  5. It was Drafted & Moved by Pt. Jawaharlal Nehru on 13th dec 1946.
  6. It was enacted by constituent assembly but after the enactment of rest of the constitution.

COMPONENTS OF PREAMBLE

  1. Source of authority of constitution.
  2. Adoption date of constitution (26 Nov 1949).
  3. Nature of Indian State ( Sovereign , Socialist , Secular , Democratic , Republic )
  4. Objectives of Constitution ( Justice , Liberty , Equality , Fraternity ).

IMPORTANCE OF PREAMBLE

  1. It has been amended only once by 42nd constitutional amendment act (1976).
  2. Added 3 new words.
  3. Socialist, secular, integrity.
  4. Changed the words “unity of the nation” to “unity and integrity of the nation“.
  5. Key to Unravel the minds of makers.
  6. Include the ideals & desire of people of India.
  7. Contains enacting clause, brings constitution into force.
  8. It is Non – Justiciable cannot be enforced in court of law.
  9. Does not provide definite & real power nor limit the power of legislative, executive, judiciary.
  10. If any conflict arises between main prov. & Preamble. Main provision will prevail.

AMENDMENT IN PREAMBLE

In kesavananda bharti case 1973 it was held that the preamble can be amended under Article 368 , subject to the condition that no amendment is done to the basic structure .

Case laws

  • Berubari case (1960)

It was held that preamble is not the part of constitution.

  • Kesavananda bharti case (1973)

SC rejected its earlier opinion as expressed in Berubari case & held that “the preamble is a part of constitution”

  • LIC of India case (1995)

SC again held that preamble is integral part of constitution. Preamble was enacted by constituent assembly but after the enactment of rest of the constitution

Reason for inserting the preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the constituent assembly.

AMENDED BY WHOM & WHEN

The Preamble has been amended only once so far. On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being consulted to study the question of amending the constitution in the light of past experience. Through this amendment, the words “socialist” and “secular” were added between the words “Sovereign” and “democratic” and the words “unity of the Nation” were changed to “unity and integrity of the Nation.

PREAMBLE BEFORE AMENDMENT

The Emergency

21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of the prevailing “internal disturbance”, the Emergency was in effect from 25 June 1975 until its withdrawal on 21 March 1977. The order bestowed upon the Prime Minister the authority to rule by decree, allowing elections to be suspended and civil liberties to be curbed. For much of the Emergency, most of Indira Gandhi’s political opponents were imprisoned and the press was censored. Several other human rights violations were reported from the time, including a mass forced sterilization campaign spearheaded by Sanjay Gandhi, the Prime Minister’s son. The Emergency is one of the most controversial periods of independent India’s history

The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the president of India, and thereafter ratified by the cabinet and the parliament (from July to August 1975), based on the rationale that there were imminent internal and external threats to the Indian state.

AMENDMENT OF THE PREAMBLE

B. R. Ambedkar, the principal architect of the Constitution, was opposed to declaring India’s social and economic structure in the Constitution. During the Constituent Assembly debates on framing the Constitution in 1946, K.T. Shah proposed an amendment seeking to declare India as a “Secular, Federal, Socialist” nation. In his opposition to the amendment, Ambedkar stated, “My objections, stated briefly are two. In the first place the Constitution… is merely a mechanism for the purpose of regulating the work of the various organs of the State. It is not a mechanism whereby particular members or particular parties are installed in office. What should be the policy of the State, how the Society should be organised in its social and economic side are matters which must be decided by the people themselves according to time and circumstances. It cannot be laid down in the Constitution itself, because that is destroying democracy altogether.

Ambedkar’s second objection was that the amendment was “purely superfluous” and “unnecessary”, as “socialist principles are already embodied in our Constitution” through Fundamental Rights and the Directive Principles of State Policy. Shah’s amendment failed to pass, and the Preamble remained unchanged until the 42nd Amendment.

PREAMBLE AFTER AMENDMENT

Spread the love

43 Responses

  5. Downloaded the bonos777app and so far, so good! The bonuses are a nice perk and the app runs smoothly. Worth a download if you’re looking for a mobile gaming option. Check out bonos777app

  7. Reliable and secure is what I look for and this place delivers every single time. My account feels completely safe and the payment options work great for local users. I keep coming back for the steady wins. vip2cucilogin

  8. I have tried a lot of similar sites and this one really stands out for its fairness. The slots run smoothly and the payout rates are exactly as advertised. A truly satisfying gaming environment for everyone. cacinoonline

  9. Super friendly interface even for total beginners. I guided a friend through the registration and he had no trouble at all. The bonus structure is generous and the staff is always polite and helpful. phdream23

  13. I’ve been looking for a reliable platform for a while and this one really hits the spot. The interface is smooth and the payouts are fast. Definitely recommend checking out krbet119 if you want a stress-free experience.

  14. Found this place by accident and it quickly became my daily stop. The layout is clean and the betting markets cover everything I follow. Support staff are polite and always ready to guide new members through the process. fancybetinfo

  17. [9100]sbobet লগইন এবং অ্যাপ ডাউনলোড | বিকাশ ক্যাসিনো ডিপোজিট,sbobet লগইন করার নিয়ম জানুন এবং অ্যাপ ডাউনলোড APK করে নিন। বিকাশ দিয়ে ক্যাসিনো ডিপোজিট ও অনলাইন স্লট গেম খেলার নিয়ম শিখতে আজই ভিজিট করুন। visit: sbobet

  19. I’ve been playing here for a while now and the payouts are surprisingly fast. Definitely one of the most reliable spots I have found recently. Check out ph26phjoin for a great experience.

  26. I was a little hesitant at first but the sign up took less than a minute and I was spinning within moments. The bonus conditions are written in plain language and I actually managed to cash out my first win without fighting the verification system. Really refreshing to see an honest setup like this. jilievobdapp

  28. I’ve tried a few platforms lately and this one is definitely smoother than the rest. The login process is quick and the games load fast. Highly recommend 42vipphlogin for anyone looking for a reliable spot.

  31. [3013]Okvip – Link vào chính thức và hướng dẫn chơi baccarat,Truy cập okvip để nhận link vào chính thức, tải app okvip nhanh chóng và tìm hiểu luật chơi xóc đĩa online chi tiết. Đăng ký tài khoản để trải nghiệm ngay. visit: okvip

  43. I’ve been trying a few different sites lately and this one really stands out. The interface is smooth and the payouts are surprisingly fast. Definitely recommend checking out lottusbet if you want a reliable spot.

Leave a Reply

Your email address will not be published. Required fields are marked *

Adv. Divya

Blogger
The Mission of this website is to provide help & knowledge regarding day-to-day law and other laws which cover various sectors such as Rights of Man, Women & Others, Banking, Arbitration, Academic assistance to students, Consultancy, and much more.

Recent Posts

Domestic abuse against men

We all have heard about domestic violence/abuse against women, protested against it & made laws to protect women… but have