Is the preamble is a part of the constitution explain

The question of whether the Preamble is a part of the Constitution of India has been a topic of legal debate and has been addressed by the Indian judiciary. The Preamble, which outlines the guiding values and principles of the Constitution, has an intrinsic relationship with the document it introduces. Here's a brief note on its status:

Initial View:

Initially, in the landmark case of *Re Kerala Education Bill* in 1958, the Supreme Court observed that the Preamble is not a part of the Constitution. It held that while the Preamble shows the general purpose behind the several provisions in the Constitution, it is not a source of the powers or limitations.

Shift in View:

However, this perspective changed in the historic Kesavananda Bharati vs. State of Kerala case in 1973. In this case, the Supreme Court held that the Preamble is a part of the Constitution. It noted that the Preamble could be used to interpret ambiguous areas of the Constitution where the meaning might be unclear. The court asserted that the Preamble's content is a clear indication of the dreams and aspirations of the founding fathers and serves as a guideline for interpretation, especially when there's ambiguity in the provisions.

The Kesavananda Bharati case is notable for introducing the "Basic Structure" doctrine, which asserts that there are certain unalterable core principles in the Constitution. The Preamble, with its emphasis on values like Justice, Liberty, Equality, and Fraternity, provides a clear indication of these core principles.

Concluding Remarks:

As per the prevailing legal stance, the Preamble is indeed a part of the Constitution of India. While it is not enforceable in a court of law by itself, it serves as an interpretative tool to understand the ethos, principles, and objectives of the Constitution. The values enshrined in the Preamble provide a guiding light for the judiciary, the legislature, and the executive, ensuring that their actions and decisions are in alignment with the foundational ideals of the Republic of India.

Previous Post Next Post

Contact Form