QUES . “The Preamble is the key to the whole constitution”. Comment. UPSC IES/ISS EXAM 2022 General Studies. 200 Words. 5 Marks
HINTS:
The Preamble of the Constitution of any country serves as an introductory statement that outlines the fundamental principles and purposes of the document. It sets the tone and context for the entire constitution and serves as a guiding principle for interpreting and implementing the provisions contained in the constitution.
The Preamble of the Constitution is a concise and powerful declaration that reflects the aspirations and ideals of the people of India. It is considered as a key to the whole constitution as it succinctly summarizes the fundamental purposes and principles of the document.
The Preamble outlines the objectives of the Constitution, which include justice (social, economic, and political), liberty (of thought, expression, belief, faith, and worship), equality (of status and opportunity), and promoting fraternity (assuring the dignity of the individual and unity and integrity of the nation). As per Ernest Barker, preamble of Indian Constitution is “the key note of the constitution”.
While the Preamble itself may not be enforceable, it is significant in interpreting the Constitution’s provisions. Courts often refer to the Preamble to understand the intentions, spirit, and underlying principles of the framers of the Constitution. It helps in determining the constitutional validity and purpose of various provisions.
Must read: “The Indian Constitution is a living document.”
The Preamble is considered reflective of the basic structure of the Constitution. The Supreme Court has held that any amendment that violates or alters the basic features of the Constitution, as reflected in the Preamble, would be unconstitutional. This concept was established in the landmark Kesavananda Bharati case.
The Preamble reflects the constitutional philosophy of India. It emphasizes principles such as sovereignty, socialism, secularism, democracy, justice, liberty, equality, and fraternity. These principles form the foundation of the Indian constitutional framework and guide the functioning of the state.
Thus, the Preamble of the Constitution is indeed the key to the whole Constitution as it provides the overarching goals and principles upon which the Constitution is based. It serves as a guiding principle for the interpretation and implementation of the Constitution and helps to ensure that the laws and policies enacted by the government align with the fundamental principles and values of the people of India.
External link: https://indiaculture.gov.in/sites/default/files/events/Preamble_the_Soul_of_the_Constitution_26.11.2020.pdf
