Preamble of the Indian Constitution

Preamble of the Indian Constitution

 

Preamble

  • Preamble is the initial part of an article or book in which a brief pre-introduction is given about that work.
  • In 1946, the Objectives Resolution was introduced by Jawaharlal Nehru, describing the constitutional structure. Which was adopted by the Constituent Assembly on 22 January 1947. It shaped the Constitution of India and its revised version is reflected in the Preamble of the Indian Constitution.
  • The preamble is called the introduction and introduction of the constitution. It contains the essence of the constitution.
  • The great and ideal thinking of the Constituent Assembly is visible in the Preamble. It reflects the aspirations of the makers of the Constitution. The Preamble of the Indian Constitution is called the key to the Constitution. And the Preamble can be considered as the soul of the Constitution.
  • By the 42nd Constitutional Amendment Act, 1976, three new words socialist, secular and integrity were included in it.

 

Contents of the Preamble to the Constitution.

  • WE, THE PEOPLE OF INDIA, having resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to provide to all its citizens
  • To secure social, economic and political justice, freedom of thought, expression, religion, belief and worship, equality of status and opportunity and in all of them,
  • To promote fraternity ensuring the dignity of the individual and the unity and integrity of the nation,
  • Resolved in this Constituent Assembly, this day the 26th day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.

 

 

Elements of Preamble.

The Preamble has four basic elements.

  1. Source of authority of the constitution: It is mentioned in the preamble that the constitution derives its power from the people of India.
  2. Nature of India: The Preamble declares India to be a sovereign, socialist, secular, democratic or republican state.
  3. Objectives of the Constitution: Justice, liberty, equality and fraternity are its objectives.
  4. Date of adoption of the Constitution: It was adopted by the Constituent Assembly on November 26, 1949.

 

Mention of key words mentioned in the preamble.

Sovereignty

  • It means that India is neither dependent on any other country nor is it a Dominion of any other country. There is no power over it and it is free to dispose of its internal and external affairs.
  • Although in 1949, accepting the membership of the Commonwealth of India, considering Britain as its head and sticking to its constitution, it does not affect Indian sovereignty in any way.

 Socialist

  • The meaning of the word socialist is that 'such a structure in which there is equal harmony in distribution with public ownership or control over the main means of production, capital, land, property etc. Even before the 42nd Constitutional Amendment in the ear 1976, socialist features were present in the Constitution of India in the form of Directive Principles of Policy.

 Secular

  • The term 'secular state' was not explicitly mentioned in the constitution, however, there is no doubt that the framers of the constitution wanted to establish such a state. That's why articles 25 to 28 (right to religious freedom) were added to the constitution. All the concepts of secular are present in the Indian constitution, that is, all religions are equal in our country and they get equal support from the government. The word secular was also added by the 42nd Constitutional Amendment Act 1976

 Democratic

  • In the preamble of the constitution, the word democratic has been used in a broad way, which includes not only political democracy but also social and economic democracy. It is based on the principle of prevailing sovereignty, that is, the supreme power is in the hands of the people. republic
  • The use of the word 'Republic' in the Preamble throws light on the subject that out of the two types of democratic systems 'hereditary democracy' and 'democratic republic', the democratic republic has been adopted under the Indian Constitution.
  • In a republic, the head of the state is always elected directly or indirectly for a fixed period of time. The meaning of republic includes two more things.

The first is that political sovereignty rests in the hands of the people rather than in the hands of a single individual such as a king.

Second, the absence of any privileged class. Therefore every public office shall be open to every citizen without any discrimination.

 

 Justice

  • Justice is mentioned in the Preamble of the Indian Constitution, which can be seen in three different forms – social, political and economic justice.
  • Social justice means that there should not be any discrimination between humans on the basis of caste and caste and proper opportunities for progress should be available to every citizen.
  • Economic justice means that there should be a fair distribution of the means of production and distribution and wealth should not be centralized in only a few hands.
  • The mixed form of social justice and economic justice reflects proportional justice.
  • Political justice means that all citizens under the state should have equal civil and political rights, whether it is a matter of entry into political offices or the right to convey their views to the government.
  • These elements of social, economic and political justice have been taken from the Russian Revolution of 1917.

 

 Freedom

  • Freedom here refers to civil liberties. The right to freedom can be exercised only within the limits written in the constitution. It provides opportunities for the development of the individual.

 

Equality

  • The Preamble of the Indian Constitution grants status and opportunity to every citizen which means absence of privilege for any section of the society and provision of equal opportunity to every person without any discrimination.
  • This also includes 3 dimensions of equality, civil, political and economic.

 

Brotherhood

  • Its literal meaning is the feeling of brotherhood. According to the preamble, two things have to be ensured in fraternity. The first is the respect of the individual and the second is the unity and integrity of the country. In the fundamental duty also it has been said to encourage the feeling of brotherhood.
  • The word integrity has been added to the Preamble by the 42nd Constitutional Amendment Act 1976.
  • These words mentioned in the preamble cover the philosophical side of the constitution, such as the words sovereign, socialist, secular, democratic and republic describe the nature of India. The words justice, liberty and equality describe the rights enjoyed by the citizens of India.

 

Possibility of amendment in the Preamble.

  • In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble can be amended, but the "Basic Features" cannot be amended. The Preamble has been amended only once by the 42nd Constitutional Amendment Act, 1976. Three new words socialist, secular and integrity were added to the Preamble.

 

Explanation of the Supreme Court regarding the Preamble.

Berubari Union Case (1960).

  • In this case it has been said that the Preamble is not a part of the Constitution. In this case the words used in the Preamble were said to be ambiguous by the Supreme Court.

Kesavananda Bharati case (1973).

  • The Supreme Court overruled its earlier decision and declared that the Preamble is an important part of the Constitution. This case highlighted the immense importance of the Preamble.
  • In this case, the Supreme Court said that amendments can be made in the Preamble under Article 368 without changing the basic features.

S.R. Bommai Case (1994).

  • S.R. It was declared in the Bommai case that the Preamble indicated the basic structure of the Constitution.

LIC of India Case (1995)

  • The Preamble was held by the Supreme Court to be an integral part of the Constitution by the LIC of India case.
  • Harihar Yadav Vs. State of Jharkhand, 2014. In this, the Supreme Court said that the Constitution casts a responsibility on the State to maintain social and economic security. In which the Preamble is the light that guides the nation towards the establishment of a sovereign, socialist, secular, democratic republic.

 

Two facts need to be mentioned.

  • 1 The Preamble is neither the source of the power of the legislature nor a curtailment of its powers.
  • 2 It is non-justiciable, that is, its provisions are not enforceable in courts of law.

 

 

Important facts related to the Preamble of the Indian Constitution.

  • It is non-judicial, that is, its arrangements cannot be challenged in the court.
  • The Preamble to the Constitution was first mentioned in the US Constitution.
  • The Preamble in the Indian Constitution has been taken from the US Constitution.
  • There are a total of 73 words in the Preamble of the Indian Constitution.
  • It was enacted after the enactment of the entire Constitution of India.
  • The word 'secular' was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
  • The ideals of justice (social, economic and political) in the Preamble are taken from the Constitution of the Soviet Union (Russia).
  • The ideals of republic and liberty, equality and fraternity are borrowed from the French constitution.
  • The language of the Preamble is taken from the Constitution of Australia.
  • The beginning of the preamble begins with the people of India and ends on 26 November 1949.

 

Statements by eminent persons about the Preamble.

  • The Preamble has been called the "soul of the Constitution" by Thakur Das Bhargava.
  • Eminent jurist and constitutional expert N. A. Palkiwala has said that Preamble is the identity card of the constitution.
  • Alladi Krishnaswami Iyer had said regarding the Preamble that the Preamble was introduced to express the dreams and aspirations of the founders.
  • Member of the Drafting Committee of the Constituent Assembly, K.M. According to Munshi, the Preamble is 'the future of our Sovereign Democratic Republic.
  • According to Justice Mr. Subbarao, "the Preamble states the main ideals and aspirations of an Act".