Preamble of the Constitution
The preamble is the introduction to the constitution of India. It was enacted by the constituent assembly after the draft constitution had been enacted so that the preamble should be in conformity with the provisions of the constitution.
The preamble of Indian constitution is elaborate in contrast with the constitutions of the United States, Canada or Australia.
Purpose of the preamble: To clarify who made the constitution, what the source is and what the nature of polity is.
History:
• The Preamble is based on “Objective Resolution” introduced by Pandit Jawaharlal Nehru on 13th December 1946 and adopted on 22nd January 1947.
• The resolution comprised of underlying principles of the constitution. Objective resolution originally used the phrase ‘Sovereign independent republic’ whereas it was modified as ‘Sovereign Democratic republic’ as the draft committee felt sovereign already explains independence.
• Also, the word ‘fraternity’ was not there in the objective resolution can be found in preamble. Except for such minor changes, majority of preamble resembles objective resolution.
• The draft work of preamble was done by Shri B.N. Rau, the constitutional advisor.
Objectives, Purpose and Scope of the preamble
• It outlines the objectives of the constitution.
• It does not grant any power as such but gives a direction and purpose to the constitution.
• It indicates the source of the Constitution, viz., the people of India.
• It declares the basic type of government and polity.
• It embodies the spirit of the constitution to build up an independent nation which will ensure the triumph of justice, liberty, equality and fraternity.
Contents
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN 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.”
Explanation of terms
“We, the People of India” indicates the source of all authority of the constitution comes from people of India. It emphasizes the sovereignty of the people and the fact that all powers of government flow from the people. It is the people of India on whose authority the Constitution rests.
Sovereign
• Sovereign denotes ultimate power.
• India’s membership of the Commonwealth of Nations and that of the United Nations Organization do not affect her sovereignty to any extent. It is merely a voluntary association of India and it is open to India to cut off this association at her will, and that it has no constitutional significance.
Socialist
• The term socialist was added to the preamble by 42nd Constitutional amendment in 1976.
• The term ‘socialist’ literally means a political-economic system which advocates state’s ownership of the means of production, distribution and exchange. But the Indian brand of Socialism is a mixed one where public and private sectors co exist.
• Mrs. Indira Gandhi, the then Prime Minister, explained that the term ‘socialist’ was used simply to indicate that the goal of the state in India was to secure a ‘better life for the people’ or ‘equality of opportunity’.
Secular
• The term secular was added to the preamble by 42nd Constitutional amendment in 1976.
• Although this word did not find mention in original preamble, the ideal of secularism was deep rooted in minds of constitutional makers as evident in Articles 25-28 which guarantee the right to freedom of religion.
• Unlike in the West, in India secularism was never born out of the conflict between the church or the temple and the State. It was rooted in India’s own past history and culture. It is based on the desire of the founding fathers to be just and fair to all communities irrespective of their number.
Democratic
• A democratic polity is where the supreme power is possessed by the people.
• Democracy may be a direct or indirect democracy. In a direct democracy every people exercise the power of the government. The people as a whole not only carry on the government, but can even change the constitution by their direct vote. In an indirect democracy, the people elect their representatives who carry on the administration of the government directly. It is also known as representative democracy.
• In India, constitution provides for a Parliamentary Representative Democracy.
Republic
• India has an elected head i.e. the President. Thus it is a republic. Consider Britain, it is headed by monarch who comes to throne by succession. Hence it is not a republic. It is a monarchical form.
Justice
• The preamble of the constitution of India professes to secure to all its citizens political, economic and social justice.
• Social justice means the abolition of all sorts of inequities which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like.
• To achieve this ideal of social justice, the constitution lays down the directives for the state in Part IV of the constitution.
• Economic Justice denotes non discrimination between people on economic factors.
• Political Justice means the absence of any unreasonable or arbitrary distinction among men in political matters. The constitution has adopted the system of universal adult suffrage, to secure political justice.
• The ideal of justice has been taken from the Russian Revolution (1917).
Liberty
• The preamble of constitution of India professes to secure liberty of belief, thought, expression, faith and worship which are essential to the development of the individuals and the nation.
Equality
• One of the main tasks of the constitution makers was to ensure equality of status and opportunity for all and to provide basis for ultimately establishing an egalitarian society.
• They proceeded to achieve these objectives by incorporating a set of fundamental principles into the constitution.
Fraternity
• Fraternity means the spirit of brotherhood, a feeling that all people are children of the same soil, the same motherland.
• Brotherhood is essential for a country like India which is composed of many races and religions.
Is preamble a part of the constitution?
• In Berubari Union case the Supreme Court ruled out that the Preamble to the Constitution, containing the declaration made by the people of India in exercise of their sovereign will, no doubt it 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 the Preamble is not a part of the Constitution.
• In Kesavananda Bharati case, the Supreme Court attached much importance to the preamble. It rejected the earlier opinion declaring preamble is a part of the constitution.
• In the 1995 case of Union Government v. LIC of India also the Supreme Court has once again held that the Preamble is an integral part of the Constitution.
• So the preamble is a part of the constitution as per current opinion of the Supreme Court and Constituent assembly debates. But it is non-justiciable.
Amendability of the preamble
• The issue arose in the famous case of Kesavananda Bharati v. State of Kerala, 1973.
• The Supreme Court has held that Preamble is the part of the constitution and it can be amended but, Parliament cannot amend the basic features of the preamble.
• The preamble has been amended only once so far, in 1976 whereby the words Socialist, Secular and Integrity were added to it.
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