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Preamble of the Indian Constitution

L
Lourembam Devraj Singh
29/08/2019 0 0

Introduction: - Preamble is the introduction to the Indian Constitution, which was adopted on 26 November 1949 and became enforceable on 26 January 1950 on which India celebrates its Republic Day ceremony. As such, Dr BR Ambedkar, the Chairman of the Drafting Committee of the Constituent Assembly, is regarded as the Father of the Indian Constitution.

The preamble of India was not inserted initially at the time of the enactment of the Indian Constitution unlike other constitutions around the globe but was added after the enactment of the Constitution in order to ensure the provisions given in the Constitution are in line to the principles and the idealistic thoughts of the Constitution framers. As such, the preamble of India is essential mainly for the following reasons
1. Firstly, it states that the Nation draws its powers to legislate, administer and judicial from the people of India.
Example - " We, the people of India, do hereby, resolve to constitute India into "
2. Secondly, it declares India to be:
(i) Sovereign (absolute power to the Nation in India is not under the control of any other state)
(ii) Socialist (the state controls distribution and manufacture of wealth)
(iii) Secular ( no official religion for the Nation)
(iv) Democratic ( govt of the people, for the people, and by the people), (v) Republic ( head of the state is elected) country with these being the terminal values of our Nation
3. Thirdly, some of the important instrumental values such as justice, liberty, equality, fraternity, integrity were prioritised in order to result in a welfare state by attaining the terminal benefits.
So far the Preamble of the Indian Constitution had been amended once by 42 nd Constitutional Amendment Act by which the term Social, Secular and Integrity were added into the preamble.
However, many critiques believe that the preamble is not up to the best of its shape on account of the following reasons -
1) It was not democratic since the majority of the constitutional framers were Congress at that time.
2) It was not a newborn idea but merely a replica of other Constitution of the contemporary time. It resembles the Declaration of Independence of the American Constitution.
To conclude, the Preamble of the Indian Constitution is one it's basic structures and legislations can be passed under Article 368 to add or remove provision as long as the basic values enshrined in the preamble are not derogated. So, the preamble plays a pivotal role in aligning the mindsets of the administrator and the administered sections of the country to cooperate in bringing about a sound and vibrant democracy.

 

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