Preamble to the Constitution of India

Preamble of Indian Constitution

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.

Preamble of Indian Constitution

Preamble to the Constitution of India

preamble meaning
  • Many countries, including India, followed this practice.
  • The term ‘preamble’ refers to the introduction or preface to the Constitution.
  • It contains the summary or essence of the Constitution.
  • N. A. Palkhivala, called the Preamble as the “identity card of the Constitution“.
  • It also called “Political Horoscope of Indian Constitution” by K. M. Munshi and “Soul of the Constitution” by Thakurdas Bhargav.
preamble meaning
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Preamble of Indian Constitution

Components of Preamble to the Constitution of India

  • Source of authority of the Constitution
    • “We the people of India” – The ultimate sovereignty, and authority of the people of India.
  • Nature of Indian State
  • Objectives of the Constitution
  • Date of adoption of the Constitution
preamble meaning
Preamble of Indian Constitution

Nature of Indian State

Sovereign

  • The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state.
  • India’s membership of the United Nations Organization (UNO) or Commonwealth also in no way constitutes a limitation on her sovereignty.
  • Being a sovereign state, India can acquire a foreign territory or cede a part of its territory in favor of a foreign state.
Preamble of Indian Constitution

Socialist

  • The term was added by the 42nd Amendment in 1976.
  • The Constitution had a socialist content in Directive Principles of State Policy before 1976 as well.
  • Congress party adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadi session in 1955.
  • Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’.
  • Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity.
  • Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism.
  • The new economic policy (1991) of liberalization, privatization, and globalization has diluted the socialist credentials of the Indian State.
preamble meaning

Secular

  • The term ‘secular’ was added by the 42nd Constitutional Amendment Act of 1976.
  • Supreme Court said in 1974 that, the words ‘secular state’ were not mentioned in the Constitution, but there can be no doubt that Constitution-makers wanted to establish such a state.
  • Articles 25 to 28 of the constitution prove that.
  • Unlike Western countries, secularism in India does not separate religion and state.
  • The Constitution of India has allowed interference of the state in religious affairs.
  • The code of law is unequal and varies with religion, on matters of marriage, divorce, inheritance, and alimony.
  • The Constitution of India permits partial financial support to religious schools, buildings, and infrastructure by the state.
preamble meaning

Democratic

  • Democracy is of two types
    • Direct
    • Indirect 
  • In direct democracy, the people exercise their supreme power directly as is the case in Switzerland.
  • There are four devices of direct democracy
    • Referendum
    • Initiative
    • Recall
    • Plebiscite
  • In indirect democracy, representatives elected by the people exercise the supreme power.
  • They carry on the government and make the laws.
  • This type of democracy, is also known as representative democracy.
  • It is of two kinds
    • Parliamentary
    • Presidential
  • Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.
  • The term ‘democratic’ is used in the Preamble mean
    • Political democracy
    • Social democracy
    • Economic democracy
  • Dr. Ambedkar said in his concluding speech in the Constituent Assembly on Nov 25, 1949 “Political democracy cannot last unless there lies at the base of it social democracy”.
  • Social democracy means a way of life that recognizes liberty, equality, and fraternity.
preamble meaning

Republic

  • A democratic polity can be classified into two categories – monarchy and republic.
  • In a monarchy, the head of the state (king or queen) enjoys a hereditary position, that is, he comes into office through succession, Ex – Britain.
  • In a republic, the head of the state is always elected directly or indirectly for a fixed period.
  • The term ‘republic’ in our Preamble indicates that India has an elected head called the President.
  • He is elected indirectly for a fixed period of 5 years.
  • A republic also means two more things
    • Vesting of political sovereignty in the people and not in a single individual like a king.
    • Absence of any privileged class and hence all public offices are opened to every citizen without any discrimination.
preamble meaning
preamble meaning

Objectives of the Constitution of India

Justice

  • The term ‘justice’ in the Preamble embraces 3 forms
    • Social
    • Economic
    • Political
  • It is secured through various provisions of Fundamental Rights and Directive Principles.
  • Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex, and so on.
  • 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 implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.
  • The ideal of justice – social, economic and political has been taken from the Russian Revolution (1917).

 

Liberty

  • ‘Liberty’ means the absence of restraints on the activities of individuals.
  • It also provides opportunities for the development of individual personalities.
  • The preamble secures to all citizens of India, the liberty of
    • Thought
    • Expression
    • Belief
    • Faith
    • Worship
  • It is provided by Fundamental Rights, enforceable in court of law, in case of violation.
  • Liberty does not mean a ‘licence’ to do what one likes.
  • It has to be enjoyed within the limitations mentioned in the Constitution itself.
  • Liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
  • Ideas of liberty, equality, and fraternity in our Preamble have been taken from the French Revolution (1789–1799).

 

Equality

  • ‘Equality’ means the absence of special privileges to any section of society.
  • It provides adequate opportunities to all individuals without any discrimination.
  • There are 3 dimensions of equality
    • Civic
    • Political
    • Economic
  • Fundamental Rights ensure civic equality.
  • There are two provisions for political equality
    • No person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex (Article 325).
    • Elections to the Lok Sabha and the state assemblies are to be on the basis of adult suffrage (Article 326).
  • Directive Principles of State Policy (Article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.

 

Fraternity

  • Fraternity means a sense of brotherhood.
  • The Constitution promotes this feeling of fraternity by the system of single citizenship.
  • Fundamental Duties say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood.

 

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Preamble as Part of the Constitution of India

  • In the Berubari Union case (1960), the Supreme Court said that the Preamble is not a part of the Constitution of India.
  • SC rejected the earlier opinion in the Kesavananda Bharati case (1973),  and held that the Preamble is a part of the Constitution of India.
  • In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.
  • 2 things should be noted
    • The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of legislature.
    • It is non-justiciable, that is, its provisions are not enforceable in courts of law.

 

 

Note

  • The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur.
  • India became part of UNO in 1945
  • Democracy – Demos (people) and Kratia (rule) – Greek word

 

 

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