Status Of Preamble

The preamble is the introductory part or the preface of the Indian constitution. In other words, the preamble of the Indian constitution contains the summarised version of everything that is present within the Indian Constitution. The preamble is not implemented by the law courts of India, which means that if there is any idea or any modification that needs to be implemented in the Preamble, the court does not have the right to pass such things against the Indian Government. A preamble is important for India because it is like a guide to the entire constitution, and whenever there is confusion, the preamble acts as a guide. 

The legal status of Preamble of the world’s longest Written Constitution

India is regarded as having the world’s longest written Constitution for a sovereign nation. The legal status of preamble can also be understood by some of the landmark cases that are related to the preamble of the Indian constitution.

Berubari Case: It was a major reference that was given under the constitution article 143 (1). It was referred to as the Indo-Pakistan agreement, which was related to the Berubari Union, in addition to enclaves exchange. 

Kesavananda Bharati Case: During this case, a bench of thirteen judges was assembled. It was related to a discussion about the restrictions to be put on the interference of the government on the right of property of the citizens. 

As per the status of preamble, it plays an important role in understanding the entire constitution of India. It makes sure that when a person is confused anywhere in the Indian Constitution, that confusion can be solved with the help of the preamble. So, it will be complete that the preamble is a component of the introductory constitution. 

In the 1995 case of Union Government Vs LIC of Asian country, the Supreme Court again stated that the Preamble is an integral part of the constitution of India. However, it is not directly enforceable in a very court of justice in an Asian country. 

Amendment of the Preamble

The preamble of the constitution of India got amended majorly due to the 42nd Amendment act that happened in 1976. In this act, there were many parts of the Indian constitution changed, including the clause itself. It also changed the description of India from “sovereign democratic republic” to “sovereign, socialist, secular democratic republic”. It also led to the addition of some new articles and sections as well. Many powers of the Supreme Court were also taken away. In addition, the central government received more powers than the state governments. This eroded the Indian federal structure as well. The words “unity of the nation” also got changed to “unity and integrity of the nation”.

Conclusion

The preamble to the constitution provides direction and purpose to the constitution. However, it does not grant any power and is not included as an article or a section in the Indian Constitution. As of now, the status of Preamble is embodied in numerous provisions of the constitution. It actually doesn’t have a legal impact severally since it can’t be implemented in a very court of law. However, the preamble is an important part of the constitution as it is the preface or introduction of the constitution. It includes a summarised version of what is included in the constitution.