PREAMBLE
- POLITY
News:
Could the Preamble have
been amended without changing its date of adoption, asks Supreme Court
What's
in the news?
●
The Supreme Court asked if the Preamble of
the Constitution could have been amended without changing the date of its
adoption on November 26, 1949.
Key
takeaways:
●
The Preamble was amended only once in December 1976 by the Indira Gandhi government
to introduce the words ‘socialist’ and
‘secular’.
●
A Bench of Justices Dipankar Datta and
Justice Sanjiv Khanna was hearing a petition filed by BJP leader Subramanian
Swamy seeking to delete the words ‘socialist’ and ‘secular’ from the Preamble.
Preamble
of the Indian Constitution:
●
The preamble of the Indian Constitution
serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles, and philosophy
of the Indian Constitution.
Adoption:
●
The Preamble is based on the ‘Objectives Resolution’, drafted and
moved by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947.
Components:
1.
Source of Authority of the Constitution:
●
It is indicated by the Preamble that the
source of authority of the Constitution lies with the people of India.
2.
Nature of the Indian State:
●
It declares India to be a sovereign,
socialist, secular, and democratic republic.
3.
Objectives of the Constitution:
●
The objectives stated by the Preamble are
to secure justice, liberty, and equality
to all citizens and promote fraternity to maintain unity and integrity of the
nation.
4.
Date of Adoption of the Constitution:
●
It stipulates November 26, 1949, as the date.
Amendments
to Preamble:
●
By the 42nd Amendment of 1976, the words
“Socialist” and “Secular” were inserted; the Preamble now reads “Sovereign
Socialist Secular Democratic Republic”.
Interpretation
by the Supreme Court:
1.
Berubari Union case:
●
In this case, it was held by the Supreme
Court that the Preamble is part of the Constitution.
●
However, it recognised that the Preamble
could be used as a guiding principle if a term in any article of the
Constitution is ambiguous or has more
than one meaning.
2.
Keshvananda Bharti v. State of Kerala:
●
In this case, the Supreme Court overturned
its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of
the Constitution.
3.
LIC of IndiaCase:
●
In the LIC of India case, the Supreme
Court again held that the Preamble is a part of the Constitution.