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The preamble explains why the constitution was written in the first place. The prelude can be divided into three parts:
The people of India solemnly resolved India into a “Sovereign, Socialist, Secular, Democratic Republic,” according to the first section. Every phrase in the prologue has been carefully picked and placed so that upon reading, the preamble paints a clear image of India’s attitude toward its citizens.
Knowing Preamble As Part Of The Constitution
The ideals enshrined in the Constitution are represented in the Preamble, which was enacted together with the Constitution on November 26, 1949. The fact that it was accepted by the Constituent Assembly after the Draft Constitution has ratified backs up this claim that it represents the Constitution’s purpose and ideology. It not only states the Constitution’s goals but also identifies the source of the Constitution’s power.
The words “We, the People of India…” state that the Constitution is created by the citizens/residents of India. The choice of this word is purposeful, as it emphasises that the Indian Constitution, unlike prior laws governing the nation, was not drafted by the British Parliament.
Our Preamble shows the influence of the American Constitution, since both place the power of constitution-making in the hands of “We the People.” The Preamble embraces the Russian Constitution’s ambition for justice (social, economic, and political), as well as the ideas of Liberty, Equality, and Fraternity, which were borrowed from the French Constitution of 1791.
Parts of the Indian Constitution
India’s Constitution is the world’s longest written. When it first started, it featured 395 objects divided into 22 segments and eight schedules. There are 448 articles in the Indian Constitution, divided into 25 sections and 12 schedules, with 105 modifications in all. The Parts of the Constitution of India are discussed in detail in the article below.
Scope of the Preamble
The Preamble states the objective of the Constitution of India by giving guidance and stating its purpose. The Preamble provides an overview, which allows the constituent assembly to prepare and draft the document.
In a nutshell, The Preamble outlines the fundamental objective that the lawmaking party plans to accomplish. The purpose of The Preamble is to design and deliver facts that are or should be demonstrated and recited to comprehend the prime objective and intent of the ordinance.
The preamble provides the framework on which the Indian Constitution is built, such as:
India is declared in The Preamble as “Sovereign, Socialist, Secular, Democratic, Republic”.
The government should be chosen by, of, and for the people.
India’s people should have true sovereign power.
Each citizen of India should be granted Justice, Liberty, and Equality should be granted to the people.
Essentially, each article and provision in The Preamble and the Constitution of India were drafted adhering to these considerations, so that sovereignty in the nation is not violated.
Is Preamble a Part of the Constitution?
One of the common discussions going on is whether or not the preamble is a part of the constitution or not has been a point of contention. Two examples show the preamble’s status:
Berubari Case
Even while the preamble serves as an introduction to the constitution and is, without a doubt, an idea that opens the minds of the creators and aids them in the creation of a constitution, the eight-judge panel found that the preamble is not a component of the constitution.
Kesavananda Bharati case
The preamble is a component of the constitution, according to the thirteen-judge bench, as follows:
The constitution’s preamble serves as an introduction.
The prologue does not have any legal authority, but it does play a significant part in interpreting the statutes.
Conclusion
As a result, the Preamble to the Indian Constitution serves as the foundation for the whole structure. It helps to make the Indian Constitution a living document. It echoes India’s Constitution’s central idea. “We the People of India” is a phrase or statement that refers to the Constitution’s source and power. It’s a declaration of the Constitution’s goals, objectives, and philosophy. The Preamble is a guide to interpreting the Constitution’s provisions and is regarded as a key to opening the minds of the Constitution’s framers. It is the genesis of India’s Constitution; it is a portion of the textual Constitution that embodies the experiences of its architects.
