the preamble is not just ifiable yes or no
Answers
Answer:
Preamble Indicates basic structure of the Constitution Preamble can be amended by Parliament using its amendment powers as per article 368. ... Preamble is neither enforceable not justifiable in a court of law.
Answer:
Preamble is NOT justiciable by law.
There has been a lot of debates, discussions and litigation over the question that whether the Preamble is a part of Indian Constitution or not.
Preamble is the introduction to our Constitution. It gives an outline of the constitutional philosophy..
In the Bare Act of Constitution, the Preamble is written under the title "The Constitution Of India", and was passed by the Constituent Assembly in the same way as other provisions of the Constitution. This suggested that the Preamble is very well a part of our Constitution.
However, in Re Berubari Union case 1960, the Supreme Court held that the Preamble is not a part of the Constitution.
The matter was finally laid to rest by the 13 judge bench in the historic Keshavananda Bharti v. State of Kerala 1973, where the Supreme Court held that the Preamble is indeed a part of the Constitution, but it will neither be a source of power of the State, nor be a source of limitation on power.
Simply putting it,
Preamble is a part of the Constitution. But one cannot go to court to get it enforced, i.e. non-justiciable.
The State cannot do something just because it is mentioned in the Preamble, nor it is restrained to do something just because the Preamble disallows it.
Preamble is a key to the minds of our Constitution makers. Hence, it can be useful in interpreting a provision of Constitution in times of ambiguity.