Describe "Preamble of Constitution of India" in brief.
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Core Legal Answer & Context: The Preamble to the Constitution of India is an introductory statement that encapsulates the philosophy, objectives, and ideals of the Constitution. It serves as a key to understanding the spirit and intent of the framers. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic. The Preamble outlines the four main objectives of the Constitution: to secure Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), and Equality (of status and opportunity) for all its citizens, and to promote Fraternity, assuring the dignity of the individual and the unity and integrity of the Nation. It also states the date of adoption, November 26, 1949.
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Relevant Statutes and Sections: The Preamble to the Constitution of India.
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Important Landmark Cases:
- Berubari Union Case (1960): Initially, the Supreme Court held that the Preamble is not a part of the Constitution and therefore cannot be amended.
- Kesavananda Bharati v. State of Kerala (1973): This landmark judgment overruled the Berubari case, holding that the Preamble is an integral part of the Constitution. It also established that while the Preamble can be amended, its 'basic structure' cannot be altered.
- Clear Conclusion: The Preamble is the soul of the Indian Constitution, articulating its foundational values and aspirations. It guides the interpretation of the Constitution and reflects the vision of a just, free, and equitable society, serving as a beacon for governance and citizenship.