preamble of indian constitution 1

Preamble of the Indian Constitution: The Preamble is an inaugural statement that reflects the philosophy and objectives of the Constitution. The Preamble of the Indian Constitution is founded on objective resolution, which strengthened the moral determination to establish a government that will fulfill the numerous promises made by the nationalist movement to the Indian people and was overwhelmingly accepted on January 22, 1947.

Historical Background of Preamble

Nehru introduced an Objectives Resolution (a resolution that outlined the Assembly’s goals) in 1946, before the constitution making process began.
The aims and principles that drove the creation of the Constitution were embodied in this resolution.
The Objectives Resolution provided the foundation for India’s Constitution, which institutionalised the essential values of equality, liberty, democracy, sovereignty, and cosmopolitan identity.
This solidified the moral resolve to form a government that will carry out the many promises made by the nationalist movement to the Indian people.
The Preamble to the Constitution is based on this resolution, which was overwhelmingly accepted on January 22, 1947.
The essential framework of our constitution is included in the preamble’s goals. It emphasises the Indian constitution’s key ideas and philosophy. It is regarded as the constitution’s soul.

Objective of Preamble

The Preamble’s objectives are to provide justice, liberty, and equality for all people, as well as to foster brotherhood in order to protect the nation’s unity and integrity.

Keywords & Philosophy of Preamble

Keywords & Philosophy of Preamble

People have power

The first few words of the i.e. “we the people of India” show that the people have ultimate power. It is a democracy in the true sense, meaning that it is governed by, for, and by the people.
It reflects that source of the authority of the Constitution lies with the people of India.

The Constitution of India states India to be a sovereign, socialist, secular democratic, and republican state.

Sovereignty:

The term “sovereignty” suggests that India is a sovereign state, not a dependency or a dominion of another country. It has no higher authority than it, and it is free to manage its own affairs (both internal and external). To know more about Concept of Sovereignty, check this link Concept of Sovereign State.

Socialist:

Democratic socialism is the Indian brand of socialism. Democratic socialism believes in a “mixed economy,” in which the public and private sectors coexist. Indian socialism, according to the Supreme Court, aspires to eradicate poverty, ignorance, sickness, and inequity of opportunity.

Secularism:

The Indian Constitution embodies the positive notion of secularism, which states that all religions in our country (regardless of their strength) enjoy the same status and support from the government.
To know more about Concept of Secularism, check this link Secularism.

Democratic:

The Indian Constitution establishes a representative parliamentary democracy in which the executive is held accountable for all policies and actions by the legislature.
The democratic nature of the Indian polity is manifested through the universal adult franchise, periodic elections, rule of law, judiciary independence, and the absence of discrimination on certain grounds.

Republic:

The term “republic” in our Preamble denotes that India has a president who is elected by the people.
The Indian state’s goals are as follows: The most sought-after concepts expressed here are justice, equality, liberty, and brotherhood.

Justice:

The term “justice” is used in the Preamble to refer to three types of justice: social, economic, and political justice, all of which are guaranteed by various articles of the Fundamental Rights and Directive Principles.

Liberty:

The term “liberty” refers to the absence of restrictions on individuals’ activities while also allowing for the development of individual personalities.
The Preamble guarantees all Indian citizens the freedom of thought, expression, belief, faith, and worship through their Fundamental Rights, which can be enforced in a court of law if they are violated.

Equality:

The term “equality” refers to the lack of special privileges for any group in society, as well as the availability of suitable opportunities for all people without discrimination.
The Preamble guarantees equality of status and opportunity to all Indian citizens. This clause covers three aspects of equality: civil, political, and economic.

Fraternity:

Fraternity is defined as a feeling of brotherhood. By establishing a system of single citizenship, the Constitution fosters a sense of brotherhood.
In addition, Article 51-A of the Fundamental Duties states that it is the duty of every citizen of India to foster harmony and the spirit of shared brotherhood among all Indians, regardless of religious, linguistic, regional, or sectional differences.
The Preamble emphasises that fraternity must guarantee two things: human dignity and national unity and integrity.

Significance of Preamble

  1. The Preamble of the Constitution expresses the fundamental values and philosophy on which the Constitution is based, as well as the goals and objectives towards which the founding fathers of the Constitution directed the policy.
  2. The importance and usefulness of the preamble is highlighted in various decisions of the Supreme Court of India.
  3. The preamble to an Act sets out the main objectives which the legislation is intended to achieve.
  4. It is a sort of introduction to the statute and many times very helpful to understand the policy and legislative intent. It expresses “what we had thought or dreamt for so long”.
  5. It embodies in a solemn form all the ideas and aspirations for which the country had struggled during the British Regime.
  6. It indicates the sources from where the constitution has come – the people of India
  7. It contains the enacting clause which brings into force the constitution.
  8. It declares the freedoms which the people of India intended to secure for all citizens and the basic type of government and polity which was to be established.
Preamble mindmap

Amendments in Preamble

42nd constitutional Amendment:

The 42nd Constitutional Amendment Act changed the Preamble for the first and the only time in 1976. Three additional terms: socialist, secular, and integrity were added with 42nd Amendment.

Supreme Court Interpretations Preamble as Part of the Constitution –

Berubari Union Case (1960)

The Preamble is the key to the minds of the makers of the Constitution. The Supreme Court recognised that the Preamble might be used as a guiding principle if a term in any article of the Constitution is unclear or has more than one interpretation.
Despite this recognition of Significance of Premble, Supreme Court Opined that Preamble can take the place of the explicit provisions of the Law.
The Supreme Court concluded in the Berubari case that because the Preamble is not part of the Constitution, it can never be regarded a source of significant power.

Kesavananda Bharati case (1973)

In Kesavananda Bharati case (1973), the Supreme Court Rejected earlier opinion and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution.
It observed that the Preamble is of extreme importance and that the Constitution should be read and interpreted in the light of grand and noble vision expressed in the Preamble.

Union Government v. LIC of India case (1995)

The Supreme Court ruled in the LIC of India case that the Preamble is an integral part of the Constitution.
Thus, the core ideas, purposes, and philosophical postulates that the Constitution of India stands for are contained in the Preamble to the Constitution of Free India.
Despite above Supreme Court rulings, two things need to be noted –

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

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