Introduction-
- The Constitution of India begins with a Preamble.
- The Preamble contains the ideals,objectives and basic principles of the Constitution.
- The Preamble is like an introduction or preface of a book.
- As an introduction, it is not a part of the contents but it explains the purposes and objectives with which the document has been written.
- As such the ‘Preamble’ provides the guide lines of the Constitution.
- The Preamble, in brief, explains the objectives of the Constitution in two ways: one, about the structure of the governance and the other, about the ideals to be achieved in independent India.
- It was adopted on 26 November 1949 by the Constituent Assembly of India
Objective Resolution & Preamble-
- Objectives Resolution was moved by Nehru in 1946.this resolution defined the aims of the constitutional Assembly.
- This resolution was finally adopted on January 22, 1947.
- This resolution was the basic blueprint of basic principle and objectives of our constitution and Its modified version is reflected in Preamble of India
The objectives, which are laid down in the Preamble, are:
i) Describing Indian State as Sovereign, Socialist, Secular, Democratic Republic.
(Socialist, Secular added by 42nd Amendment, 1976).
ii) Provision to all the citizens of India i.e.,
a) Justice social, economic and political
b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity assuring dignity of the individual and unity and integrity of the nation
Four Major Conclusion Can Be Drawn From Preamble
1-PEOPLE OF INDIA are considered to be source of authority of indian constitution (‘We, the People of India")
2.Nature of the Indian State- The Preamble of India defines India as- " the sovereign, secular, republic, secular and democratic nation"
3. Objectives-Justice, Liberty, Equality and Fraternity are denoted as the objectives of the Preamble of India
4.Date of its adoption-November 26, 1949
Important Terms of Preamble
Sovereignty
- Sovereignty means absolute independence, i.e., a government which is not controlled by any other power -internal ore xternal.
- India is a sovereign country. It is free from external control. It can frame its policies.
- India is free to formulate its own foreign policy.
Socialist
- The word socialist was not there in the Preamble of the Constitution in its original form.
- In 1976, the 42ndAmendment to the Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble.
- The word ‘Socialism’ had been used in the context of economic planning. It means commitment to attain ideals like removal of inequalities, provision of minimum basic necessities to all, equal pay for equal work.
- The Directive Principles of the State Policy, have incorporated these ideals
Secularism
- It implies that in India there will be no ‘State’ religion – the ‘State’ will not support any particular religion out of public fund.
This has following implications-
a) every individual is free to believe in, and practice, any religion he/she belongs to,
b) State will not discriminate against any individual or group on thebasis of religion.
Democratic Republic
- Democracy is generally known as government of the people, by the people and for the people.
- Effectively this means that the Government is elected by the people, it is responsible and accountable to the people.
- The democratic principles are highlighted with the provisions of universal adult franchise, elections, fundamental rights, and responsible government.
Republic
- The term indicates that the head of the state is elected by the people i.e. President who is indirectly elected and he is not a hereditary ruler as in case of the British Monarch.
Justice
- The ideal of justice embraces three distinct forms- social, economical and political Social justice denotes the equal treatment of all citizens without any social discrimination.
- Economic justice denotes the non-discrimination between people on the basis of economic factors.
- A combination of social justice and economic justice denotes what is known as ‘distributive justice’.
- Political justice means all citizens should have equal political rights, equal access to all political offices and equal voice in the government
Liberty
- The term 'liberty' means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
- Liberty of thought, expression, belief, faith and worship are mentioned in preamble.
- These freedoms have been guaranteed in the Constitution through the Fundamental Rights
Equality
- Equality means treating all people equally with absence of special privilege to any one.
- It mention "to secure equality of status and opportunity" to all citizens
Equality of status means-
- All citizens of India should be treated equally and extended equal protection of law without any discrimination based on caste, creed, birth, religion, sex etc.
- Similarly equality of opportunities implies that regardless of the socio-economic situations into which one is born, he/she will have the same chance as everybody else to develop his/her talents and choose means of livelihood.
Fraternity-
- Fraternity means a sense of brotherhood.
- The constitution promotes this felling of fraternity by the system of single citizenship.
- The preamble declares that fraternity has to assure two things- the dignity of the individual and the unity and integrity of the nation.
- The word integrity was added through 42nd constitutional amendment act, 1976
Q.Which of the following words were added to preamble by 42nd constitutional amendment act, 1976
A.Fraternity, equality,liberty
B.Liberty,Republic,Fraternity
Facts About Preamble
1.It is a neither a source of power to legislature nor a prohibition upon the powers of legislature.
2.It is a non-justiciable, that is , its provisions are not enforceable in any courts of law.
3.Preamble have total 73 words.
4.Idea of Preamble was borrowed from USA.
Preamble Is Part Of Constitution Or Not?
Major question is that whether Preamble is part of our constitution or not?
- In Berubari case(related to Indo-Pakistan Agreement ), the Court stated that ‘Preamble is the key to open the mind of the makers’ but IT CAN NOT BE CONSIDERED AS PART OF THE CONSTITUTION. Therefore it is not enforceable in a court of law.
- The above opinion was reversed in Keshavananda Bharati case in 1973; the SC held that Preamble is part of the constitution In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition.
- In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.
Amendment of the Preamble
- After the judgment of the Kesavanand Bharati case, Preamble was considered As a part of the Constitution and can be amended under Article 368 of the Constitution, provided that the basic structure of the preamble can not be amended.
- Finally 42nd Amendment Act, 1976.
- The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976.
Q.In which of the following cases the Supreme Court has held that Preamble is the part of the Constitution?
a. Berubari’s case
b. Keshwanand Bharti’s case
c. Shankari Prasad’s case
d. Golaknath’s case