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PREAMBLE: SOUL OF THE INDIAN CONSTITUTION

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Word Preamble came from the Latin word “praeambulus” which means “walking before.”

The preamble is a primarily introductory statement to the constitution which was set up for guiding fundamental values, principles, and philosophy on which the constitution is based. When preamble broken into elements, each phrase indicates a big meaning behind which is important to understand the constitution of a state.

Is preamble is a part of the constitution:

A preamble is a part of the constitution, is in compatibility between the opinions of the founding fathers of the constitution. It incumbent standards to examine and evaluate any action & law of the government to, find whether it’s valid or not. However, three thing is important to keep in mind:

  1. It is neither a source of power to legislature nor a prohibition on the power of the legislature.
  2. A preamble is non-justiciable, that is, its provision cannot be imposed on the courts of law.
  3. Preamble can be amended as per article 368 as it contains the basic elements of the constitution, the amendment is subject to the condition that it should not alter the “basic structure” of the Constitution as per as opined by the Supreme Court of India.

Who drafted preamble:

Preamble is based on the objective resolution drafted and passed by Jawahar Lal Nehru in constitution assembly on 13 December 1946. The preamble-page and original pages of Constitution of India , was embellished by the renowned painter of Jabalpur Beohar Rammanohar Sinha who was at Shantiniketan with Acharya Nandalal Bose in that era.

Preamble is said to be

  1. Soul of constitution (By Thakurdas Bhargava)
  2. Political horoscope of the constitution (By KM Munshi)
  3. Identity card of the constitution. (By NA Palkhiwala)

The significance of the preamble:

The significance of preamble lies in its phrases and its word components that is: The terms sovereign, socialist, secular, democratic, republic in the Preamble suggests the nature of the state. The ideals of justice, liberty, equality, fraternity reflects the objectives of the Constitution.

Explanation of the preamble:

Meaning: The constitution is made by and for the Indian people and not given to them by any outside power and all the power emanates from the people and the political system will be accountable and responsible to the people.

Meaning: it indicates the Nature of Indian state

Secular: the secularism features are envisaged in the Preamble which means that the state will not have any religion of its own and freedom will be unnamed equally to all of the conscience and the right freely to practice, proclaim and to follow the religion of their own choice

Socialist: “Socialism” as an economic philosophy, the state owns the means of production and distribution. India adopted Mixed Economy, where except state, there will be private production too. Socialism as a social philosophy stresses more on the societal equality.

Republic: the republic is an entity in which the head of state is elected, indirectly or directly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. It will be not on hereditary base and every citizen of India is eligible to become the President of the country.

Democratic: it indicates that the Government will get its authority from the will of the people. The rulers are elected by the people and are responsible to them.

Sovereign: India is externally and internally overeign – externally free from the control of any foreign power and No external power can dictate the government of India.

And internally, in terms of territory, non- state actors it has a free government which is directly elected by the people and makes laws that govern the people.

Meaning: It emphases about the Objectives of Indian State:

Justice: justice will be done in terms of all i.e., Politically, Economically and Socially.

Fraternity (fraternity means “Brotherhood”): fraternity assuring the integrity and the unity of the nation and the dignity of the individual .

Equality: opportunity to all will be equal and people of any status will be considered equal.

Liberty: of worship, expression, faith, thought, and belief.

Meaning: It tells about the adoption date:26th November 1949 is the adoption date of the Constitution. Article 394 has given the adoption date 26th November 1949 to the articles which came into existence on 26th November 1949. But most of the articles in Constitution came into force on January 26th, 1950.

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GradesFixer. (2019, January, 28) PREAMBLE: SOUL OF THE INDIAN CONSTITUTION. Retrived March 29, 2020, from https://gradesfixer.com/free-essay-examples/preamble-soul-of-the-indian-constitution/
"PREAMBLE: SOUL OF THE INDIAN CONSTITUTION." GradesFixer, 28 Jan. 2019, https://gradesfixer.com/free-essay-examples/preamble-soul-of-the-indian-constitution/. Accessed 29 March 2020.
GradesFixer. 2019. PREAMBLE: SOUL OF THE INDIAN CONSTITUTION., viewed 29 March 2020, <https://gradesfixer.com/free-essay-examples/preamble-soul-of-the-indian-constitution/>
GradesFixer. PREAMBLE: SOUL OF THE INDIAN CONSTITUTION. [Internet]. January 2019. [Accessed March 29, 2020]. Available from: https://gradesfixer.com/free-essay-examples/preamble-soul-of-the-indian-constitution/
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