Day 1 – Q 4.Evaluate the significance of preamble to the Constitution of India. Is it a pert of the Constitution? Substantiate.
4. Evaluate the significance of preamble to the Constitution of India. Is it a pert of the Constitution? Substantiate.
भारत के संविधान के प्रस्तावना के महत्व का मूल्यांकन करें। क्या यह संविधान का हिस्सा है? पुष्टी करें।
Approach –
Introduction – Mention about what is the preamble? where it is taken from? Any historical background of it.
Body – Write it in two parts
- Mention about the significance of the constitution like how it tells the nature of Indian state, objective of constitution, how it is useful to judiciary.
- Tell about the whether it is a part of the constitution or not by different cases like Berubari case, Kesavananda Bharati case, LIC case etc.
Conclusion – according to the demand of the question
Introduction
Preamble refers to the introduction or preface to the constitution. It contains summary or the essence to the constitution. The preamble is based on the objective resolution drafted and moved by Nehru. In our constitution, it is borrowed from US constitution. It is also called as the key to open the mind of framers of constitution.
The significance of the preamble is as follows:
- The preamble embodies the basic philosophy and fundamental values on which the constitution is based
- It contains the grand and noble vision of the constitution assembly
- It reflects the dreams and aspirations of the founding father of the constitution
- It reveals the source of the authority of the constitution i.e. the people of India in the opening words of it.
- It tells the nature of Indian state as sovereign, socialist, secular, republic and democratic polity.
- It specifies the objective of the constitution as justice, liberty, equality and fraternity to its people
- It is also important in understanding the ambiguous provision of the constitution.
- It helps the common man understand what our constitution is about, given the simple language, unlike the constitution itself which is tough to understand
- It helps the supreme court in making judgements regarding whether a particular provision/legislation is in line with the spirit of the constitution
Is it part of the constitution?
Yes, it is part of the constitution now. Though it was not always the case
- In the Berubari Union case (1960) the supreme court opined that it is not a part of the constitution.
- In the kesavananda Bharati case (1973) the supreme court rejected the earlier opinion and held that preamble is part of the constitution
- In the LIC of India case (1995), the supreme court reaffirmed its previous opinion that preamble is an integral part of the constitution.
However, two things should be noted
- It is neither a source of power to legislature nor a prohibition upon the powers of legislature.
- It is non-justiciable
Conclusion
Pandit Thakur Das Bhargava, a member of constitution assembly, was very right when he summed up the importance of the Preamble in following words – “The preamble is most precious part of the constitution. It is the proper yardstick with which can measure the worth of the constitution.” When supreme court struck down article 377 of IPC, it also held one of the provision of the preamble i.e. dignity of individual.
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