Author: Aditi Gautam, Asian Law College, Noida
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The Indian Constitution’s “Preamble” is a compact introduction that lays forth the fundamental objectives and principles of its content as well as identifying the people as the document’s ultimate source of power and significance. Within two months, the drafting committee had finalized the preamble. The preamble was put into action by the constituent assembly of India on November 26, 1949 and it became operative on January 26, 1950. The preamble of India was written by Dr. B.R Ambedkar who was the head of drafting committee. The India Preamble is based on “objective resolution” which was taken from United States. The preamble’s primary objective is to provide us with an overview of the statue’s key ideas, imparts information about the primary goals that the legislative hopes to accomplish, it includes the constitution’s essential framework. The Constitution of India is divided into 25 parts and 12 schedules, whereby 395 articles are written in total at the time of commencement. The Preamble contains many highly significant terms, including “We, the people of India, Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, equality, and Fraternity.”
Preamble’s Significance
According to N.A. Palkhivala, the preamble serves as the “identity card of the constitution.”
According to Thakur Das Bhargava, “the sole of the constitution is the preamble.”
The Indian Constitution’s preamble serves as both an overview & a window into the minds of those who drafted it. Serving as a lighthouse for the Judiciary to determine if a measure is constitutional. It stands for the Indian Democratic Republic’s horoscope.
The legislature’s authority is neither increased nor decreased by the Preamble. It is not subject to litigation and cannot be enforced in a court of law.
The preamble was adopted by the Constituent assembly after the rest of the document was approved, ensuring that it complied with the constitution.
KEYWORDS IN PREAMBLE & THEIR MEANING:
SOVEREIGN
India becomes sovereign on 26th Jan, 1950.
-To be sovereign is to be almighty or self-governing.
There are two kinds of sovereignty:
(a) External sovereign, which is the capacity of a nation to manage its own foreign policy and choose how to interact with other nations.
(b) The power and ability of a government to manage its own people inside its boundaries is known as internal sovereignty.
-India has sovereignty both at home and abroad.
SOCIALIST
-To be socialist is to advocate for social and economic equality for all.
– The 42nd Amendment Act of 1976 inserted the word “socialist” to our constitution during a state of emergency.
(a) Social equality- equality of sexes, breeds, colors, and religions, etc., states that all people are created equal.
(b) Economic equality: this refers to the government’s efforts to ensure that everyone has access to a respectable standard of life and to a more equitable distribution of wealth.
(c) Democratic socialism seeks to eradicate opportunity disparities, poverty, and ignorance.
-Indian socialism is based on a mixed economy, in which the public and private sectors coexist. Indian socialism is a combination of Gandhism and Marxism, with a stronger Gandhian leaning.
SECULAR
The 42nd Amendment Act adds the word secular.
-The term “secular” suggests tolerance and equality for all religions. As a result, there is no official state religion in India.
-No religion may be discriminated against or given preference by the government. Any religion can be practiced, preached, and propagated by anybody they choose.
DEMOCRATIC
-India is a Democratic nation, meaning that its citizens choose their representatives at the local, state, and federal levels through regular, free, and fair elections.
-This system of universal adult suffrage is also referred to as “one man, one vote, one value.”
– It denotes Representative In a parliamentary democracy, the legislative is the executive branch’s superior.
-It supports economic, social, and political democracy.
5) REPUBLIC
-A democratic republic is a political system in which the president is chosen, either directly or indirectly, to serve a set term. It gives people political sovereignty.
-It denotes the lack of a privileged class and the equal access of all people to public offices.
-There are two categories: Republic (USA/India) and Monarchy (Britain).
-Indian Republic: The President, who serves as the Head of State, is chosen indirectly.
[Articles 54 and 55: The President is elected.]
6) JUSTICE
“Social, Economic, and Political justice.”
The eradication of inequality in the community is known as social justice.
-betterment in the status of women and the lower classes; “equal treatment of all individuals without social distinction based on caste, color, race, religion, sex, etc.”
(b) Political Justice is the abolition of irrational disparities in state political affairs.
– Equal access to political office, political rights, and a voice in the government should be granted to all citizens.
(c) Non-discrimination between individuals on the basis of financial status.
– eradication of wealth, income and property based inequality.
-Equity in the economy refers to paying equal labor for equal work.
7) LIBERTY
– It offers values like liberty, equality, and fraternity that were impacted by the French Revolution (1789).
– Offering chances for each person’s personality to grow.
– The preamble protects the “right to freedom of speech, religion, belief, and thought.”
– Liberty is to be exercised within the bounds set forth by the Constitution.
-The preamble guarantees liberty, and the fundamental rights are conditional rather than absolute.
8) EQUALITY
– Ensuring equality of opportunity and status is the first step.
– No specific rights are given to any group inside society. – Everyone should have equal opportunities, free from discrimination.
– Three categories of equality exist:
(a) Public Parity-
– Everyone is equal in the eyes of the law, according to Art. 14.
-Art. 15 : “forbids birthplace, caste, sex, and religious discrimination.
-The 17th Art. states, “Abolition of untouchability.”
-The 18th Art. which deals with “abolition of titles.”
(b) Political equality-
-Art. 325 states that “no one is excluded from the voting rolls due to their sex,race,religion, or caste.”
-Art. 326: “Adult suffrage determines state legislature and Lok Sabha elections.”
(c) Economic Equality-
-Art. 39, Equal rights for men and women to a sufficient standard of living and compensation for equivalent labor.
9. FRATERNITY
– It fosters a feeling of brotherhood.
– Becoming a single citizen fosters fraternity.
– The Preamble states that the nation’s unity and integrity, as well as the dignity of every individual, must be upheld by the brotherhood.
– Individual’s dignity is protected by fundamental obligations, DPSPs, and fundamental rights.
– In 1976, the term integrity was added to the 42nd CAA.
SUPREME COURT CASES RELATED TO THE PREAMBLE –
BERUBARI UNION CASE (1960) :
-A few of the constitution’s terms are explained in general terms in the preamble.
– The preamble may provide some guidance for interpretation in cases when terms used in articles are unclear. “
– The preamble was deemed not to be a component of the constitution.
KESAVNANDA BHARTI CASE (1973) :
– The Supreme Court has ruled that the Preamble constitutes a constitution.
– It is permissible to change the Preamble as long as the “Basic structure” of the Constitution is preserved.
KEYWORDS
[SECULAR, SOVEREIGN, DEMOCRATIC, REPUBLIC, EQUALITY, LIBERTY]
CONCLUSION
In conclusion, the Preamble of the Indian Constitution serves as a powerful and concise declaration of the nation’s core values and objectives. It reflects the vision of the Constitution’s framers and provides a guiding light for the interpretation of its provisions. Although not legally enforceable, the Preamble holds great moral and political significance, symbolizing India’s commitment to justice, liberty, equality, and fraternity. It outlines the nature of the Indian state as sovereign, socialist, secular, democratic, and republic. As the “soul” and “identity card” of the Constitution, the Preamble continues to inspire and shape the spirit of Indian democracy.
FAQS
What is the Indian Constitution’s Preamble?
The Preamble is an introductory statement in the Constitution that outlines the guiding values and principles of the Indian Republic. It reflects the aims and objectives of the Constitution.
Who wrote the Preamble of India?
The Preamble was drafted by the Constituent Assembly, with the wording largely prepared by Jawaharlal Nehru through the Objectives Resolution passed in 1946.
Who wrote the Preamble of India?
The Preamble was drafted by the Constituent Assembly, with the wording largely prepared by Jawaharlal Nehru through the Objectives Resolution passed in 1946.
When was preamble of India adopted?
The Preamble of India was adopted on 26th Nov, 1949.
When the Preamble was first amended?
The 42nd Amendment Act included the preamble initially 1976.
What was the impact of 42nd Amendment Act?
It included into the preamble the terms, “Socialist”, “Secular”, and “Integrity”.
Can the Preamble be Amend?
Yes, the Preamble can be amended under article 368 but only if it does not violate basic structure of the constitution.
