Meaning and Purpose Of Preamble, Is It a part of Constitution? and Can it be amended? | PCS J notes Indian Constitution - PCS J mains solved paper PDF free download
Meaning and Purpose of Preamble
▶Preamble aids in comprehending the legislative intent and policy and functions as a kind of introduction to the constitution. It outlines the primary goals that the legislation seeks to accomplish. The Constitution's Preamble outlines the goals that it hopes to accomplish. While it does not provide any authority, it does provide the Constitution direction and meaning. It acts as an explanation of the rationale behind the enactment of the Indian Constitution. It delineates the goals of the entire Constitution. It also highlights the socioeconomic aspects of political freedom and paints an encouraging picture of India's future. These are the great ambitions and socioeconomic goals that must be attained through constitutional processes.
▶The Supreme Court ruled in Sajjan Singh v. State of Rajasthan, AIR 1965 SC 845, that the Preamble encapsulates the essence of the Constitution's features. In K.S.
The Supreme Court ruled in Puttaswamy v. Union of India, (2017) 10 SCC 1, that the Preamble highlights the necessity of ensuring justice, liberty, equality, and fraternity for all of its residents.
▶Preamble forms the fundamental beliefs or principles that the constitution embodies and gives it a sense of permanency. The Preamble outlines a social structure in which the pursuit of pleasure is seen as dependent upon basic constitutional values.
Is Preamble a part of Constitution?
The Supreme Court ruled that the Preamble is a part of the Constitution. The Preamble of the Constitution is extremely important, the court ruled, and the Constitution should be read and interpreted in light of it. The Preamble outlines the fundamental form of government and politics that was to be built, as well as the enormous rights and liberties that the Indian people wished to guarantee to all of its residents.
The Supreme Court ruled in 1485 that the goal of social, economic, and political justice should be secured by the interpretation of the Constitution. The Supreme Court said in Nandini Sundar v. State of Chhattisgarh, (2011) 7 SCC 547, that the Preamble's pledge to promote social, economic, and political fairness could not be disregarded or forgotten.
Can Preamble be amended?
▶The question whether Preamble can be amended came up for consideration for the first time before Supreme Court in Keshvanand Bharti v. State of Kerala, AIR 1973 SC 1461. The court in this case laid down two fundamental propositions with respect to Preamble;(1) Preamble is the part of the Constitution and;
(2) Preamble can be amended subject to basic structure of the Constitution.
(2) Preamble can be amended subject to basic structure of the Constitution.
▶The court rejected its earlier ruling in the Re Berubari Union case, which established that the Preamble is not a component of the Constitution, with reference to the first proposal.
▶Regarding the second proposition, the court determined that the Preamble's language and phrasing are clear and that the Parliament's modifying power cannot be construed as granting the authority to remove the Preamble's core principles. Therefore, it is permissible to alter the Preamble without affecting the fundamental framework of the Constitution. Amendment 42 to the Constitution added the terms "secular," "socialist," and "integrity" to the Preamble in 1976.
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