Nature of the Preamble of India
Posted: 20 Jun 2023, 03:16
The Preamble of the Indian Constitution is regarded as the soul and essence of the Constitution. It holds a special status and has certain unique characteristics that define its nature in the Indian context. It has the following characteristics:
Non-justiciable: The Preamble is non-justiciable, which means it cannot be enforced in a court of law independently. It does not confer enforceable rights or liabilities on its own. However, the principles and values enshrined in the Preamble can be used as interpretative tools while examining the constitutional validity of laws and actions.
Reflective of the basic structure: The Preamble is considered reflective of the basic structure of the Constitution. The Supreme Court has held that any amendment that violates or alters the basic features of the Constitution, as reflected in the Preamble, would be unconstitutional.
This concept was established in the landmark Kesavananda Bharati Key to interpretation: While the Preamble itself may not be enforceable, it is significant in interpreting the Constitution’s provisions. Courts often refer to the Preamble to understand the intentions, spirit, and underlying principles of the framers of the Constitution. It helps in determining the constitutional validity and purpose of various provisions.
Expresses the will of the people: The Preamble represents the collective will and aspirations of the people of India. It begins with the phrase “We, the people of India,” emphasizing that the power lies with the citizens. The Preamble sets out the broad objectives and goals that the Constitution seeks to achieve on behalf of the people.
Indicative of constitutional philosophy: The Preamble reflects the constitutional philosophy of India. It emphasizes principles such as sovereignty, socialism, secularism, democracy, justice, liberty, equality, and fraternity. These principles form the foundation of the Indian constitutional framework and guide the functioning of the state.
Amendable: Though the Preamble is considered the introductory part of the Constitution, it can be amended by the Parliament under Article 368. However, any amendment that alters the basic structure or the essential features of the Constitution as reflected in the Preamble is subject to judicial review.
Further and full information available on:- Xperts Legal
Non-justiciable: The Preamble is non-justiciable, which means it cannot be enforced in a court of law independently. It does not confer enforceable rights or liabilities on its own. However, the principles and values enshrined in the Preamble can be used as interpretative tools while examining the constitutional validity of laws and actions.
Reflective of the basic structure: The Preamble is considered reflective of the basic structure of the Constitution. The Supreme Court has held that any amendment that violates or alters the basic features of the Constitution, as reflected in the Preamble, would be unconstitutional.
This concept was established in the landmark Kesavananda Bharati Key to interpretation: While the Preamble itself may not be enforceable, it is significant in interpreting the Constitution’s provisions. Courts often refer to the Preamble to understand the intentions, spirit, and underlying principles of the framers of the Constitution. It helps in determining the constitutional validity and purpose of various provisions.
Expresses the will of the people: The Preamble represents the collective will and aspirations of the people of India. It begins with the phrase “We, the people of India,” emphasizing that the power lies with the citizens. The Preamble sets out the broad objectives and goals that the Constitution seeks to achieve on behalf of the people.
Indicative of constitutional philosophy: The Preamble reflects the constitutional philosophy of India. It emphasizes principles such as sovereignty, socialism, secularism, democracy, justice, liberty, equality, and fraternity. These principles form the foundation of the Indian constitutional framework and guide the functioning of the state.
Amendable: Though the Preamble is considered the introductory part of the Constitution, it can be amended by the Parliament under Article 368. However, any amendment that alters the basic structure or the essential features of the Constitution as reflected in the Preamble is subject to judicial review.
Further and full information available on:- Xperts Legal