Major Significance of the Preamble

The start of the prelude to the Constitution is referred to as the ‘Preamble.’ The Indian Constitution’s Preamble is based on Jawaharlal Nehru’s ‘Objective Resolution’, which was endorsed by the Constitution’s framers. The Preamble’s importance is determined by its elements. It represents the people of India, who are the Constitution’s wellspring.

The Preamble uses sovereign, socialist, secular, democratic, and republic concepts to describe the state. The Constitution’s goals are represented by the concepts of justice, liberty, equality, and fraternity. The Indian Constitution’s adoption date is also included, which is November 26, 1949.

The Preamble reflects the ideology of the Indian Constitution. The word ‘Sovereign’ in the Preamble is intended to emphasise India’s battle for independence. The 42nd Amendment’s inclusion of the word “Socialist” in the Preamble is intended to protect Gandhi’s ideas.

The word ‘Secular’ was included in the same Amendment to represent Indian society’s secular nature. The word ‘Republic’ in the Preamble denotes that India has an elected leader; the Indian President is the people’s choice, though indirectly elected. The term ‘Democratic’ in the Preamble serves to bolster these beliefs even more.

Meaning of the Preamble

The Preamble acts as a preamble to the legislation or the Constitution. A prologue is a declaration issued by the legislature before introducing a law, and it helps comprehend some of the provisions.

The primary goal of the Preamble is to explain the definitions of such words and to include particular elements that must be defined. A Preamble can be used for various things, such as limiting the meaning of a word, detailing details, or providing definitions.

History of the Preamble

Shri. B.N. Rau wrote the original Preamble and afterwards proposed it in the constituent assembly. The original version of the Preamble merely had the words ‘Sovereign, Democratic, and Republic’, but the 42nd Amendment added the phrases ‘Secular and Socialist’. The Preamble was confined to expressing the fundamental characteristics of the Constitution and the country; as a result, questions have been raised over whether the Preamble is a part of the Constitution or not.

Significance of the Preamble

• The Constitution’s Preamble defines the document’s fundamental ideas and philosophy, and the policy aims and objectives that the Constitution’s founding authors strived for
• In several decisions, the Supreme Court of India has stressed the relevance and value of the Preamble
• It incorporates all of the beliefs and aspirations for which the country struggled throughout the British Regime
• The Constitution’s objective is to bring justice, liberty, equality, and fraternity to its citizens
• It is a type of statute primer, and it helps figure out the policy and legislative purposes
• It communicates ‘for a long time what we had been contemplating or dreaming about’
• The Constitution’s source is identified as the people of India
• The enacting provision, which brings the Constitution into force, is included
• The Preamble is essential to any reading of the Constitution
• The Preamble begins the Constitution
• The Preamble has shaped India’s fate
• The enacting clause, which puts the Constitution into effect, is also found in the Preamble
• It declares the enormous rights and liberties that Indian citizens have as citizens of this country
• It establishes the fundamental rights that the Indian people wished to protect for all citizens and the foundational type of governance and politics
• It assists the Supreme Court in deciding whether a specific law or piece of legislation is in accordance with the Constitution

Facts of the Preamble

• Unlike the constitutions of Australia, the United States, and Canada, India’s constitution features a lengthy Preamble
• The Preamble’s function is to define who the Constitution is for, the sanction, the direction, the character of policy, and the Constitution’s goals and objectives
• The Preamble establishes the Constitution’s direction and purpose
• The 42nd AA introduced the Preamble to the Indian Constitution in 1976
• The Constitution was established in 1949, but it went into effect on January 26, 1950, according to the Preamble

Preamble as the Part of Constitution of India

The Preamble is a portion of the United States Constitution. The Supreme Court revealed in the Berubari Case (1960) that the Preamble is not a part of the Constitution. However, in the Kesavananda Bharati Case (1973), the Supreme Court gave a verdict stating that the Preamble is a part of the Constitution and is subject to the same amending power as any other provision of the Constitution, as long as the basic structure of the Constitution is not destroyed. The following aspects concerning the Constitution should be noticed in the light of Kesavananda Bharati and other judgements:

• The Constitution’s Preamble is a section of the document
• The Constitution’s essential framework is described in the Preamble (SR Bommai Case)
• Article 368 of the Constitution gives Parliament the authority to change the Preamble
• It also lacks any constitutional legal foundation
• The Preamble is neither a source of strength nor a source of constraint
• It gives no authority and imposes no obligations
• It is significant in terms of the function it must play in the interpretation of statutes and the interpretation of constitutional requirements
• The Preamble expresses a lofty and innovative vision, which should be studied and interpreted according to the Constitution

Conclusion

The Preamble acts as a preface to the legislation or Constitution. A Preamble is a statement made by the legislature to approve a bill, and it helps interpret any statute. The prologue is essential in defining the country’s future.