THE SOUL OF CONSTITUTION: PREAMBLE

The constitution of India is a book that consists of a set of rules and laws that are followed by the executive, legislature, and judiciary of the country to achieve the goals and objectives of the country. The Indian constitution provides its citizens certain fundamental rights so that they can live peacefully in the country. Preamble captures the entire essence of the constitution as it states the basic principles on which the constitution is based. It represents the basic structure of the Indian constitution thereby making the citizens aware of the values, morals, principles, and objectives that the country wishes to achieve. There has been a recent discussion in the parliament regarding the Constitution (Amendment) Bill, 2021 that will focus on making changes in the constitution.

Preamble as the Basic Structure of Indian Constitution

The preamble as the basic structure of the Indian constitution has been in the news recently due to the plan that has been formulated to amend it. Constitution (Amendment) Bill, 2021 was introduced to discuss how the preamble which is the brief representation of the Indian constitution can be amended considering the rigidity that the constitution and the judiciary exhibit regarding its amendments. There are certain limitations of amendments, and it needs to be considered that the preamble of this republican form of government was last amended in 1976. Constitution (Amendment) Bill, 2021 was introduced in the parliament for the second time as no amendment has been made after the 42nd Amendment Act came into being. As a result of this the three words integrity, socialist and secular were added to the constitution. However, the Constitution (Amendment) Bill, 2021 is a debated bill as Rajya Sabha brings the subject of using private bills to amend the preamble to the constitution of India. Mr. Alphons, a member of the RajyaSabha opines that the Constitution (Amendment) Bill, 2021 should be introduced to replace the term socialist with equitable. According to him, the Constitution (Amendment) Bill, 2021 should be taken into consideration as the term socialist has an inclination towards a political connotation that should not be accepted by the parliament. 

The preamble is the basic structure of the Indian constitution as it provides the people of the country an overview of the constitution that is lengthy and extensive. The basic principles of the Indian constitution are mentioned in the preamble as it has been stated in the preamble that the country is a secular, socialist, sovereign, republic, democratic. These terms have individual meaning, and all these terms attach special significance to the preamble and the Indian constitution as a whole. The basic structure of the Indian constitution is framed by the basic principles of the constitutions such as sovereign, socialist, secular, democratic, republic that represents the aims and objectives of the nation. The Indian government is the republican form of government. The republican form of government suggests that the head of the country is elected by the people of the country. 

More Facts about Preamble

The preamble is the guidebook to the citizens of India, as it states the basic principles following which the constitution has been drafted by BR Ambedkar. The basic structure of the Indian constitution focuses on secularism which means that the people of India have the liberty to practice any religion they wish to. The diversity of the country concerning culture and religion had been taken into account while Pandit Jawaharlal Nehru moved the preamble in the Constituent assembly. Preamble as a basic structure of the Indian constitution states that the government of India is a democratic and republican form of government; therefore, the government of the country is elected by the people of the country through adult suffrage. India is a sovereign country which means that the taste is independent, and has its own authority. The socialist aim of the country indicates that the country’s objective is to achieve equal distribution of wealth within the society. In addition to this, by the means of socialist goals, the government of the country is entitled to impose regulations regarding the ownership of land and business so that socio-economic equalities can be reduced. The basic structure of the Indian constitution talks about the liberty, equality, and fraternity that the country wishes to achieve. Justice is one of the major components that the preamble touches upon and the constitution focuses on. 

Constitution (Amendment) Bill, 2021 was subject to continuous debate and objection in the parliament. The ministers were against the Constitution (Amendment) Bill, 2021 as they think that replacing the term would result in the alteration of the basic structure of the Indian Constitution. The Supreme Court ruled out the Constitution (Amendment) Bill, 2021 on the ground that the parliament does not have the authority to challenge the supremacy of the constitution. The preamble to the constitution cannot be altered as the Constitution does not allow the amendment of the preamble. 

Conclusion

The debate regarding the Constitution (Amendment) Bill, 2021, suggests that the preamble is the basic structure of the Indian constitution that can be made flexible. The constitution does not support the amendment of its preamble as it serves as a foundation to the structure of the constitution. The controversy related to Constitution (Amendment) Bill, 2021, shows that it is not permissible to change the preamble due to the commitment that the nation has towards the constitution.