Could the Preamble of India have been amended without changing its date of adoption
The Supreme Court has questioned if the Preamble of India could have been amended without changing its date of adoption.
Yes, the Preamble of India could have been amended without changing its date of adoption for the following reasons:
- The adoption date of the Preamble, which is January 26, 1950, signifies an important historical event - the day the Constitution came into effect. Changing this date would alter the significance of this event and the historical context in which the Constitution was framed.
- The Preamble serves as an introductory statement and sets out the goals and objectives of the Indian Constitution. It is not a substantive part of the Constitution and does not confer enforceable legal rights. Therefore, amending the Preamble would not affect the legal validity of the Constitution or its provisions.
- The Preamble is considered the soul of the Constitution and is deeply rooted in the sentiments and aspirations of the Indian people. Any significant or fundamental change to the Preamble, such as modifying its date of adoption, would require a thorough constitutional amendment process involving broader public consultation and deliberation.
- The role of the Supreme Court is to interpret and uphold the Constitution. While it can question the intent or meaning of the Preamble, it does not have the power to unilaterally change or amend it without a constitutional amendment by the Parliament.
Answered
a year ago