CONSTITUTION PART 1

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What do you mean by Constitutional Law?
Constitutional Law means the rule which regulates the structure of the principle organs of the Government and their relationship to one another, and determines their principle functions. The rules consist both of legal rules in the strict sense and of usages, commonly called conversion, which without being enacted are accepted as binding by all who are concerned in the Government.

Constitution of India
The constitution of India is perhaps the most comprehensive of all constitution. It contains 395 Original Articles that are divided into 22 Parts and has 12 Schedule.

PREAMBLE OF THE CONSTITUTION OF INDIA
“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVERING SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
 Justice, Social, economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity; and to promote among them all,
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Meaning of Preamble:-
The term preamble means the introduction of the statute. It is the introductory part of the Constitution.
In re Berubari Union Case, the Supreme Court observed that the Preamble to the Constitution was “a key to open the mind of the makers and shows the general purposes for which they made the several provisions in the Constitution”.

Is Preamble a part of the Constitution?
In an ordinary Statute, not much importance is given to the Preamble attached to it and it is not recognized as a part of the statute. It may be because the Preamble is not enacted and adopted by the Legislature in the same manner as the enacting part of the Statute. But, all importance has to be attached to the Preamble when given with a constitution. Dr. D.D. Basu in his book “Commentary on the Constitution of India” holds the view that “a statute must be read as a whole and a Preamble is as much a part of the statute as its enacting part”.
The question “Is Preamble a part of the constitution or not?” has been discussed by the Supreme Court in two leading case. One Re Beruberi case and another is Kesavananda Bharti Case.
In Re Beruberi case the Supreme Court held that no doubt the Preamble is a key to open the mind of the makers, which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.
But in the case of Kesavananda Bharti vs. State of Kerala,(AIR1973 SC 1461) the Supreme Court laid down following prepositions –
a.   That the Preamble to the Constitution Of India is a Part of the Constitution;
b.  That the preamble is not a source of power nor a source of limitation or prohibition; and
c.   The Preamble has a significant role to play in the interpretation of statutes, also in the interpretation of provisions of the Constitution.
The word we the people indicate that India is a republican polity which means it shall have no hereditary ruler and the people shall elect their government. The legislatures will be elected bodies and the President of the Republic will also be elected.

Can the Preamble to the Indian Constitution be amended under Article 368 of the Constitution?
       It was held in the case of Keshvananda Bharti vs. State of Kerala that the objectives specified in the Preamble contain the basic structure of the constitution. The majority held that since Preamble is the Part of the constitution it can be amended but subject to this condition that the “basic feature” in the Preamble cannot be amended like secularism is the basic feature of the constitution. The Court said, “the edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed the structure will not survive and it will not be the same Constitution or it cannot maintain its identity.
  



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