Is Preamble A Part Of The Constitution? | UPSC Polity
The Preamble of the Constitution of India is an introductory statement that was adopted on 26th November 1949 by the constituent assembly of India and came into effect on 26th January 1950.
The question of whether the Preamble is a part of the constitution or not was decided with the help of two leading cases on this subject that are Berubari Case, and the Kesavananda Bharti Case.
Berubari case was under Act. 143(1) of the constitution of India on the implantation of the Indo-Pak agreement relating to the Berubari union and exchange of enclaves, the bench of judges delivered the unanimous opinion of the court.
The court held that the Preamble to the constitution containing the declaration made by the people of India in the exercise of their sovereign will, no doubt is a key to opening the minds of the framers of the constitution. Nevertheless, the Preamble is not a part of the constitution.
Kesavanada Bharati case has created history. For this case, a bench of 13 judges assembled to hear the petition. The case was held that the preamble to the constitution of India is a part of the constitution. The preamble is not a source of power nor a source of limitations. The preamble plays a significant role in the interpretation of statutes, also the interpretation of provisions of the constitution.
In the interesting Bommai Case, Nine judges laid down a new application of the Preamble under the constitution. The Preamble indicates the basic structure of the constitution. A Proclamation under Article 365(1) is open to judicial review on the ground of violating the basic structure of the constitution.
It follows the proclamation under Article 356(1) that violates any features, as summarized in the Preamble of the constitution is liable to be struck down as unconstitutional.
Yes, the Preamble is part of the constitution and it indicates the basic structure of the constitution. It is neither enforceable nor justifiable in a court of law. The court cannot pass order’s against the government in India to implement the ideas in the Preamble.
Also Read
You may also like
Understanding The Citizenship Amendment Act(CAA)
