The Preamble to the Constitution of India isa)A part of the Constituti...
- Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:
- The Preamble of the Constitution will now be considered as part of the Constitution.
- The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
- So, it can be concluded that preamble is part of the introductory part of the Constitution.
- In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.
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The Preamble to the Constitution of India isa)A part of the Constituti...
The Preamble to the Constitution of India is a brief introductory statement that sets out the objectives and purposes of the Constitution. It was adopted on 26th November 1949 by the Constituent Assembly and came into effect on 26th January 1950, the day India became a Republic.
Is the Preamble a part of the Constitution?
Yes, the Preamble is a part of the Constitution. It is placed at the beginning of the Constitution, before the main body of the text. It is not a separate document, but an integral part of the Constitution.
Does the Preamble have legal effect?
While the Preamble is not enforceable in a court of law, it has been held by the Supreme Court of India to be an important part of the Constitution. The Preamble contains the basic principles and values of the Constitution and serves as a guide for interpreting the Constitution.
The Preamble has also been used by the courts to interpret ambiguous provisions of the Constitution. For example, the phrase "socialist" was added to the Preamble by the 42nd Amendment in 1976. This amendment was challenged in the Kesavananda Bharati case, where the Supreme Court held that while the Preamble is not a source of power, it is a key to the minds of the makers of the Constitution and can be used as a guide to interpret the Constitution.
Conclusion:
In conclusion, the Preamble to the Constitution of India is a part of the Constitution and has legal effect as it serves as a guide for interpreting the Constitution. However, it is not enforceable in a court of law independently of other parts of the Constitution.