Legal Zems online internship programme, 2021 8" Batch Name - Shweta Tiwari Subject - Constitutional law Week and exercise No. - Week 2nd and exercise 1 Title of the Task - Legal Article writing On " Constitutional value of preamble"ABSTRACT- Preamble is basically key to reveal the objective of the constitution. The constitution of India begins with a preamble. The preamble basically contained the objective, ideals, and basic principles of the constitution. The salient features of the constitution of India have evolved directly and indirectly from these objectives which flow from the preamble . It is very interesting that the preamble , though the constitution opens with it , was not the first come into existence . It was the last piece of drafting adopted by the constituent assembly at the end of the first reading the constitution and then seated in the beginning of the constitution. Preamble as such is widely accepted as the quintessence or ‘oul and spirit of the constitution , as it embodies the fundamental and the basic of the constitution as well as the vision of and ‘commitment of a newly liberated nations or people after its passing through the inevitable birth pangs of national independence from an oppressive and colonial regime . The preamble has mentioned the guidelines of the Indian constitution . It declares India to be sovereign , socialist , secular , and democratic republic . The objective stated by the preamble are to be secure justice , liberty , equality to all citizens and promote fraternity to maintain unity and integrity of the nation. The preamble depicts India’s sovereignty , secularity , equality and humanity . World’s largest democracy has a superpower within , as it is for the people , by the people , of the people. INTRODUCTION - The constitution of India is prefaced with a preamble which is supposed to reflect the thinking and ideology of the constitution itself and view point of its maker . The preamble of the constitution gives an introduction to constitution of India which mentioned the rules and regulations to be followed by the people of the country. The preamble of constitution is based on the Objective Resolution given by Jawaharlal Nehru . He introduced this resolution in the constitution and it got acceptance on 22 January 1947. The preamble to the constitution of India records the aims and aspirations of the people of India which have been translated into the various provisions of the constitution . The objective before the constituent assembly were to be constituted India into " sovereign democratic republic" and secure to its citizens" justice liberty , equality , and fraternity". The ultimate aim of the makers of the constitution 1.was to have a welfare state and aspirations of the people of India who sectificed society everything for the attainment of country’s freedom, Chief justice Subba Rao in Golak Nath v state of Punjab 'had held that " The preamble to an Act sets out the main objectives which the legislation is intended to achieve". The form , contents , and length of the preamble differ from constitution to constitution of countries. Preamble is not framed by the parliament. The preamble does not grant any power but it gives a discretion and purpose to the constitution. In the case of Pradeep Jain v Union of India’ the supreme court held that preamble of the constitution is framed with the great care and deliberation so that it reflects the high purpose and notable objective of the constitution makers . The preamble adopted at 26 day of November 1949 . Preamble is the basic part of Indian constitution . It can not be repealed from constitution by the parliament. In LR. Coelho v state of Tamil Nadu’ the supreme court held that preamble is controlled. constitution not framed by parliament PREAMBLE UNDER INDIAN CONSTITUTION - The preamble is started with the line" We the people of India" . It means that the preamble has vested ultimate authority in the people of India to whom the Constitution has been dedicated and whose name it has been enacted . It will be seen that India has adopted democracy as a form of government and way of life . In the country all adults have a right to vaote without any consideration for sex , caste or creed. All the posts in the state , including the highest one of the president of republic can be held by citizens of India who gets elected by duly elected representatives of the people i.e. by this electoral college 1. Golak Nath v state of Punjab ,AIR 1967 SC 1643 2. Pradeep Jain v Union of India , AIR 1984 SC 1420 3. I.R. Coelho v state of Tamil Nadu , AIR 2007 SC 861KEY WORDS UNDER PREAMBLE - There are certain words which are specified under preamble . Which have broad sense like Sovereign , Secular , socialist , democratic and republic. ‘SOVEREIGN - It means that India is free from interference of outside countries . It can make its rules and laws . No outside countries allowed to make laws for its © “SOCIALIST - It simply mean that there is no distinction among the people on the basis of caste , color , creed , language etc there would be social harmony. @ SECULAR - It means that state has no religion . State can not act on the basis of religion . State can not do special for special category of religion the state treats all religions equally. @ DEMOCRATIC - It means that India is democratic state as the people elects thei government at all levels , that means, union , state , local or ground level . @ REPUBLIC - India has a republic form of gover elected and not a hereditary monarch like king or queen. iment as the head of the state is OBJECTIVES OF PREAMBLE - There are certain objectives of the constitution . When we look the preamble then we can easily find out that objectives for which the constitution made @ JUSTICE - The main objectives of the constitution to provide justice to the people. The Justice can be provided on the basis of social , economic and on this matter * Sub .by the Constitution ( fourth second amendment ) Act 1976 ,sec (2) .LIBERTY - The term liberty means freedom for the people to choose their way of life , have political views and behaviour in the society . It means that no unreasonable restrictions can be imposed on the citizens in terms of their thoughts , feeling , and views . But freedom does not mean do anything there is some reasonable restrictions. @ EQUALITY- ‘The term Equality means no section of society has any special privileges and all the people have given equal opportunity for everything without any discrimination, It means removing all types of discrimination from society. @ FRATERNITY - Ii means that there would be brotherhood among the people . No people hate to each other e SINTEGRITY - It means that there would be peace and order in the nation which made by the people of India. PREAMBLE AS THE PART OF CONSTITUTION Ithas been highly matter of argument and discussion in the past time wheather preamble should be treated as a part of the constitution or not. In the case of ® Berubari v Union of India , in this case chief justice Gajendra Gadekar was delivered the judgement along with 9 judge bench that ' Preamble is not the part of the constitution,’ Though this case , the court concluded that’ Preamble is the key to open the mind of the makers , but it can't be considered as the part of Constitution.’ 5. Subs. by the Constitution ( forty second amendment ) Act 1976 sec 2(b).. 6, Re Berubari v Union of India AIR 1960 SC 845 4There is very famous case in which preamble dicided as basic structure of the Indian ‘constitution. In the case of “Keshvananda Bharti v state of Kerela , This case made history as for the first time a bench of 13 judges was gathered to hear a writ petition . The court held what : 1. The preamble of constitution will now be considered as a part of the constitution. 2. The preamble is not ultimate power or source of any curbs but plays an important role. So , it can be concluded that preamble is the part of the constitution Inthe "LIC of India case , the supreme court upheld it's judgement on pointing out that preamble is.a part of the constitution. AMENDMENT OF THE PREAMBLE - After the judgement of the keshvananda Bharti case , it was accepted that the preamble is part ‘of the constitution . So , as a part of the constitution , so it can be amended under Article 368 ‘of the constitution , but basic structure of the preamble can not be amended , because of the structure of Constitution is based on the basic elements of the Preamble . As of now , the preambl wed once through the 42-nd amendment Act 1976 . After that amendment there no another amendment do in the preamble. In the case of "Minerva Mill's v Union of India , in this case the supreme court held that there is no negative amendment allowed in the preamble. So in short it can be says that the government can not misuse their rights and made any amendments which curtail the basic features of preamble. © Keshvananda Bharti v state of Kerela, AIR 1973 SC 1461 * LIC of India case , AIR 1995 SC 482. ® Minerva Mill's v Union of India , AIR 1980 SC 1789CRITICAL EVALUATION OF THE PREAMBLE OF CONSTITUTION - Whether preamble is the part af Constitution or not also whether what has been said in the preamble will be taken cognizance by the court of law or not Is a separate issue, In indla several occasions arises when preamble invoked. "M/ S Barrukar ¥ Union of India, se held that no resort should be made ble if the Language of enactment was clear, In the case af Beru ari case the Sc again said that preamble is not the source af power CONCLUSION - To conclude, it will nat wrong to say that the spirit or i nd the Constitution is sufficiently crystallised in the preamble . 1 is also right to state that preamble is the basic part of the constitution . The preamble declares that the people of India adopted, enacted and gave to themselves the constitution on 26 day of November 1949 but the date of cammencement 26) 1950 , Preamble is the mirror of the constitution which tells everything about the whole Constitution ina very concise form . It tells that what was the purpose , and ideas for making Constitution . 1 is not wonng ta say that if' we read preamble then we know Constitution mare things . There fs also Important role of judiciary to protect the preamble It is cristal clear that to read the preamble that what type of society our Constitution maker wanted . It shows the intention of the constitution maker . Pandit Thakur Das Bhargava sald that " preamble is the key of the constitution ". The structure of the Preamble is well designed everyone can understand that words and lines (0, MB. Harukar Union of iia AIH 96 $C 16KSUGGESTIONS - ‘As we see above that preamble show the intention of the constimtion maker that what type of society they wanted , Then the question is arises that the society could be formed as mentioned in preamble like , sovereign , socialist, secular democratic and republic . We have succeeded to give justice and equality , fraternity and integrity ? The answer is that we have only read the preamble as it is but no fallow that and by which there is arises 2 lots of conflicts in the society . And many of the people not known about preamble due to lack of knowledge and awareness . So according to my opinion that there should be bring campaign for more awareness of the constitution and it's preamble and make sure it must be made part ef subject from junior level education . And govt shauld be work on the word in practical way not In theoritical . REFERENCES - « https: legalserviceindi https://www.drishtiias.com © https://blog.ipleaders.in