What are the Main feature of preamble of the indian constitution..?
Ans. In 80-100 words
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Through, it's Preamble, the Constitution a commits itself to Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble states the objectives which the Constitution is committed to secure for all the people of India.
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Ans. In 80-100 words
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HERE'S YOUR ANSWER...
• The Preamble to the constitution embodies the essence of the entire constitution and is like an introduction and preface of a book. It explains the purposes and objectives with which the constitution has been written and hence provides the guideline to the constitution.
• The Objective Resolution , proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble to the Constitution of India.
• The Preamble, in brief, explains the objectives of the Constitution in two ways: one, about the structure of the governance and the other, about the ideals to be achieved in independent India. It is because of this, the Preamble is considered to be the key of the Constitution.
The objectives which are laid down in the Preamble are:
• Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist, Secular is added by the 42nd Amendment Act, 1976)
• Provision to all the citizens of India i.e.,
– Justice – social, economic and political.
– Liberty – of thought, expression, belief, faith and worship.
– Equality – of status and of opportunity.
– Fraternity – assuring dignity of the individual and unity and integrity of the nation.
Usefulness of the Preamble:
• The Preamble sets out the objectives which the constituent assembly intended to achieve. As Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution. It also embodies the ideals and aspirations of the people of India.
• The Preamble is non-justiciable in nature, like the DPSPs and cannot be enforced in a court of law.
• The Preamble cannot override the specific provisions of the constitution. In case of any conflict between the two, the latter shall prevail.
• The Preamble can neither provide substantive power (definite or real) to the three organs of the State, nor limit their powers under the provisions of the constitution.
• As observed by the Supreme Court, the Preamble plays a limited and yet vital role in removing the ambiguity surrounding the provisions of the Constitution.
Whether the Preamble is a part of the Constitution or not?
• The Supreme Court in the Keshvananda Bharti v/s State of Kerala (1973) case overruled its earlier decision (Berubari Case 1965) and made it clear that the Preamble is a part of the constitution and is subject to the amending power of the Parliament as any other constitutional provisions, subject to basic structure of the constitution.
• However, it is not an essential part of the constitution; still it serves as an important guide to interpret the true spirit of the Constitution.
Whether Preamble can be amended or not?
• The Supreme Court in Keshvananda Bharti (1973) case has held that, Preamble may be amended subject to basic structure of the constitution. In other words the amendment should not destroy the basic features of it.
• In fact, Preamble has been amended by 42nd Amendment 1976 whereby three words viz, socialist, secular and integrity were added.
Significance of the Preamble:
• The Preamble declares that it is the people of India who had enacted, adopted and given the Constitution to themselves. Thus, sovereignty lies ultimately with the people.
• It also declares the ideals and aspirations of the people that need to be achieved.
• Ideals are different from aspirations. While ideals have been achieved with the Constitution proclaiming India as Sovereign, Socialist, Secular, Democratic Republic’, the aspirations include justice, liberty, equality and fraternity, which are yet to be achieved. The ideals are the means to achieve aspirations.
HOPE IT HELPS......
THANK YOU
-SHIVAM SHAURYA
HERE'S YOUR ANSWER...
• The Preamble to the constitution embodies the essence of the entire constitution and is like an introduction and preface of a book. It explains the purposes and objectives with which the constitution has been written and hence provides the guideline to the constitution.
• The Objective Resolution , proposed by Pandit Nehru and passed by the Constituent Assembly, ultimately became the Preamble to the Constitution of India.
• The Preamble, in brief, explains the objectives of the Constitution in two ways: one, about the structure of the governance and the other, about the ideals to be achieved in independent India. It is because of this, the Preamble is considered to be the key of the Constitution.
The objectives which are laid down in the Preamble are:
• Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist, Secular is added by the 42nd Amendment Act, 1976)
• Provision to all the citizens of India i.e.,
– Justice – social, economic and political.
– Liberty – of thought, expression, belief, faith and worship.
– Equality – of status and of opportunity.
– Fraternity – assuring dignity of the individual and unity and integrity of the nation.
Usefulness of the Preamble:
• The Preamble sets out the objectives which the constituent assembly intended to achieve. As Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution. It also embodies the ideals and aspirations of the people of India.
• The Preamble is non-justiciable in nature, like the DPSPs and cannot be enforced in a court of law.
• The Preamble cannot override the specific provisions of the constitution. In case of any conflict between the two, the latter shall prevail.
• The Preamble can neither provide substantive power (definite or real) to the three organs of the State, nor limit their powers under the provisions of the constitution.
• As observed by the Supreme Court, the Preamble plays a limited and yet vital role in removing the ambiguity surrounding the provisions of the Constitution.
Whether the Preamble is a part of the Constitution or not?
• The Supreme Court in the Keshvananda Bharti v/s State of Kerala (1973) case overruled its earlier decision (Berubari Case 1965) and made it clear that the Preamble is a part of the constitution and is subject to the amending power of the Parliament as any other constitutional provisions, subject to basic structure of the constitution.
• However, it is not an essential part of the constitution; still it serves as an important guide to interpret the true spirit of the Constitution.
Whether Preamble can be amended or not?
• The Supreme Court in Keshvananda Bharti (1973) case has held that, Preamble may be amended subject to basic structure of the constitution. In other words the amendment should not destroy the basic features of it.
• In fact, Preamble has been amended by 42nd Amendment 1976 whereby three words viz, socialist, secular and integrity were added.
Significance of the Preamble:
• The Preamble declares that it is the people of India who had enacted, adopted and given the Constitution to themselves. Thus, sovereignty lies ultimately with the people.
• It also declares the ideals and aspirations of the people that need to be achieved.
• Ideals are different from aspirations. While ideals have been achieved with the Constitution proclaiming India as Sovereign, Socialist, Secular, Democratic Republic’, the aspirations include justice, liberty, equality and fraternity, which are yet to be achieved. The ideals are the means to achieve aspirations.
HOPE IT HELPS......
THANK YOU
-SHIVAM SHAURYA
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