{"id":81022,"date":"2021-02-09T17:24:42","date_gmt":"2021-02-09T11:54:42","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=81022"},"modified":"2023-04-01T17:35:09","modified_gmt":"2023-04-01T12:05:09","slug":"preamble-salient","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/polity\/preamble-salient\/","title":{"rendered":"Preamble to the Indian Constitution"},"content":{"rendered":"


\nThis article is the part of Polity Guide Initiative. To access complete material – Click Here\u00a0<\/a><\/p>\n

<\/a>#1 What is Preamble?<\/strong><\/h2>\n

The Preamble to the Indian Constitution of India is a brief introductory statement that reflects the hopes and aspirations of the people<\/strong>. The preamble can be referred to as the preface<\/strong> which highlights the entire Constitution. It embodies the basic philosophy and the fundamental values<\/strong> on which our constitution is based.<\/span><\/p>\n

<\/a>#2 Inspiration for Preamble to the constitution<\/strong><\/h3>\n

The ideals behind the Preamble to India\u2019s Constitution were laid down by Jawaharlal Nehru\u2019s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947. Although not enforceable in court, the Preamble states the objectives of the Constitution and acts as an aid during the interpretation of Articles when language is found ambiguous.<\/span><\/p>\n

<\/a>#3 Preamble Reads<\/strong><\/h2>\n

WE, THE PEOPLE OF INDIA<\/strong>, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC<\/strong> and to secure to all its citizens:<\/span><\/p>\n

JUSTICE<\/strong>, social, economic, and political;<\/span>
\nLIBERTY<\/strong> of thought, expression, belief, faith, and worship;<\/span>
\nEQUALITY<\/strong> of status and of opportunity;<\/span>
\nand to promote among them all<\/span>
\nFRATERNITY<\/strong> assuring the dignity of the individual and the unity and integrity of the Nation;<\/span><\/p>\n

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949<\/strong>, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION<\/strong>.<\/span><\/p>\n

#4 What does the Preamble indicates?<\/strong><\/h2>\n

The Preamble indicates:<\/span><\/strong><\/p>\n

1) Source of the authority<\/strong> of the Constitution lies with the people of India<\/strong>.<\/span><\/p>\n

2) It declares India to be a socialist, secular, secular, democratic <\/strong>and a republic <\/strong>nation.<\/span><\/p>\n

3) The objectives stated in the Preamble are to secure justice, liberty, equality<\/strong> to all citizens. It seeks to promote fraternity<\/strong> among the people assuring the dignity of the individual <\/strong>and the unity and integrity of the nation<\/strong>.<\/span><\/p>\n

4) It mentions the date (November 26, 1949) on which the constitution was adopted.<\/span><\/p>\n

<\/a>#5 Nature of Indian State as per the Preamble to the Constitution<\/strong><\/h2>\n

\u00a0Sovereign<\/strong>\u00a0\u2013 The Preamble proclaims that India is a Sovereign State. ‘Sovereign’<\/strong>\u00a0means that India has its\u00a0own independent authority<\/strong>\u00a0and it is\u00a0not a dominion or dependent state<\/strong>\u00a0of any other external power. The Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by the Constitution.<\/span><\/p>\n

Socialist<\/strong>\u00a0\u2013The term \u201cSocialist\u201d was added to the Preamble by the\u00a042nd Constitutional Amendment in 1976<\/strong>. India has adopted\u00a0‘Democratic Socialism’<\/strong> which means the achievement of socialist ends through democratic means. It holds faith in a\u00a0mixed economy<\/strong>\u00a0where both private and public sectors co-exist side by side.<\/span><\/p>\n

Secular<\/strong>\u00a0\u2013 The term secular in the Constitution of India means that\u00a0all the religions<\/strong>\u00a0in India get\u00a0equal respect, protection, and support from the state<\/strong>. The Indian concept of Secularism is positive secularism<\/strong>\u00a0as compared to\u00a0negative secularism<\/strong>\u00a0in the\u00a0West<\/strong>\u00a0(State is strictly divorced from religion). The word ‘Secular’ was incorporated in the Preamble by the\u00a042nd Constitutional Amendment in 1976<\/strong>.<\/span><\/p>\n

Democratic<\/strong>\u00a0– The term Democratic indicates that the Constitution has established a form of government that gets its authority from the\u00a0will of the people<\/strong>\u00a0expressed in an election. That means the\u00a0supreme power lies with the people<\/strong>.\u00a0It calls into activity the intelligence and character of ordinary men and women.<\/strong><\/span><\/p>\n

Republic<\/strong>\u00a0– In a republic, the\u00a0Head of the state is elected<\/strong>\u00a0by people directly or indirectly.\u00a0Political sovereignty is vested in the people<\/strong> rather than a monarch as in the case of Britain (Britain is a democracy but not a republic, it is a constitutional monarchy).In India, the president is elected indirectly by the people.<\/strong><\/span><\/p>\n

<\/a>#6 Objectives enshrined in the Preamble to the Indian Constitution and their importance\u00a0<\/strong><\/h2>\n

JUSTICE<\/strong>\u00a0<\/span>\u2013 The term Justice in the Preamble embraces three distinct forms:\u00a0Social, economic, and political<\/strong>.<\/span><\/p>\n

1)\u00a0Social justice<\/strong>\u00a0in the Preamble means that the Constitution wants to create a more equitable society based on equal social status.<\/span><\/p>\n

2)\u00a0Economic justice<\/strong>\u00a0means equitable distribution of wealth among the individual members of the society so that wealth is not concentrated in a few hands. Economic justice is the main aim of the state as envisaged by Directive Principles. (Concept of welfare State)<\/span><\/p>\n

3)\u00a0Political Justice<\/strong>\u00a0means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.<\/span><\/p>\n

LIBERTY<\/strong>\u00a0<\/span>\u2013Liberty comes from the Latin root word \u201cliber<\/strong>\u201d meaning freedom.\u00a0It is the opportunity to develop oneself fully.<\/strong><\/span><\/p>\n

1) The Constitution (Supreme Law of Land) secures to all citizens liberty of thought, expression, belief, faith and worship through Fundamental Rights, which are enforceable in the Court of Law. (Art.19). Indian Constitution embodies the concept of Positive liberty. For liberty to be enjoyed by everyone there should be reasonable restraints. The freedom of many requires restraint of law on freedom of some, hence it is said that\u00a0\u201cIf there are no laws, there is no liberty\u201d<\/strong>.<\/span><\/p>\n

2) The Ideals of “Liberty, Equality and Fraternity” are taken from the French Revolution. \u201cLiberty, Equality, Fraternity” has also given an influence as natural law to the First Article of the Universal Declaration of Human Rights. In Indian constitution apart from preamble these are well reflected in\u00a0fundamental rights and directive principles<\/strong>\u00a0as well.<\/span><\/p>\n

EQUALITY<\/strong>\u00a0<\/span>\u2013 The term \u2018equality\u2019 means\u00a0absence of special privileges<\/strong>\u00a0to any section of the society and the provision of adequate opportunities for all individuals without any discrimination. The Preamble secures to all citizens equality of status and opportunity. This provision embraces three dimensions of equality \u2013\u00a0civic, political and economic.<\/strong><\/span><\/p>\n

FRATERNITY<\/b><\/span>\u2013 Fraternity means a sense of\u00a0brotherhood<\/span>.<\/span>\u00a0According to the Preamble, fraternity assures two things \u2013 (1) dignity of the individual (2) Unity and integrity of the nation. The word \u2018integrity\u2019 was added by the 42nd Amendment Act, 1976.<\/span><\/p>\n

Importance of Objectives<\/strong>: It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which cannot be taken from each other.<\/span><\/p>\n

1) Liberty cannot be divorced from equality; equality cannot be divorced from liberty; nor can liberty and equality be divorced from fraternity.<\/span><\/p>\n

2) Without equality, liberty would produce the supremacy of the few over the many.<\/span><\/p>\n

3) Equality without liberty would kill individual initiative.<\/span><\/p>\n

4) Without fraternity, liberty would produce the supremacy of the few over the many.<\/span><\/p>\n

5) Without fraternity, liberty and equality could not become a natural course of things<\/span><\/p>\n

<\/a>#7 Is the Preamble a part of the Indian Constitution\u00a0<\/strong><\/h2>\n

Interpretation by the Supreme Court:<\/span><\/strong><\/p>\n

1. Berubari Union case, 1960 –<\/strong> The Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of\u00a0 the makers of the Constitution<\/strong>. Despite this recognition of the significance of the Preamble, the Supreme Court held that the Preamble is not a part of the Constitution.<\/strong><\/span><\/p>\n

2. Kesavananda Bharati case, 1973<\/strong> – Supreme Court rejected the earlier opinion (in the Berubari Case) and held that the Preamble is a part of the Constitution<\/strong>. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. But it has no legal effect independent of other parts.<\/span><\/p>\n

3. LIC vs. Union of India Case, 1995<\/strong> – The Supreme Court again held that the Preamble is an integral part of the Constitution but it is not directly enforceable in court of justice.<\/span><\/p>\n

<\/a>#8 Amendment to the Preamble<\/strong><\/h2>\n\n\n\n
The 42nd Amendment<\/strong> to the Constitution \u2013 amended the Preamble and changed the following:<\/span>
\n1) Description of India from “sovereign democratic republic”<\/strong> to a “sovereign, socialist secular democratic republic”<\/strong><\/span>
\n2) Changed the words “unity of the nation”<\/strong> to “unity and integrity of the nation”<\/strong><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>#9 Sources of the Indian Constitution<\/a>\u00a0<\/strong><\/span><\/h3>\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\u00a0 Sources<\/strong><\/span><\/td>\nBorrowed Features<\/strong><\/span><\/td>\n<\/tr>\n
Government of India Act 1935<\/span><\/td>\nMajor part (2\/3rd part) is taken up from this legislation. (1)distribution of power among centre and states (2) Office of Governor (3) Judiciary (4) Public Service Commission (5) emergency provision (6) Administrative Detail<\/span><\/td>\n<\/tr>\n
Australian Constitution<\/span><\/td>\n(1)Concurrent list (2)Freedom of trade, commerce and intercourse (3)Joint-sitting of the two Houses of Parliament<\/span><\/td>\n<\/tr>\n
Canadian Constitution<\/span><\/td>\n(1)Federation with a strong Centre (2) Vesting of residuary powers in the Centre (3) Appointment of state governors by the Centre (4)Advisory jurisdiction of the Supreme Court<\/span><\/td>\n<\/tr>\n
Irish Constitution<\/span><\/td>\n(1)Directive Principles of State Policy (2) Nomination of members to Rajya Sabha (3)Method of election of the President<\/span><\/td>\n<\/tr>\n
Japanese Constitution<\/span><\/td>\n(1)Procedure Established by law<\/span><\/td>\n<\/tr>\n
Soviet Union\u2019s Constitution<\/span><\/td>\n(1)Fundamental duties (2)Ideal of justice (social, economic and political) in the Preamble<\/span><\/td>\n<\/tr>\n
US Constitution<\/span><\/td>\n(1) Fundamental rights (2) Independence of judiciary (3)Judicial review (4)Impeachment of the president (5) Removal of Supreme Court and High Court judges (6) Post of vice-president<\/span><\/td>\n<\/tr>\n
German (Weimar) Constitution<\/span><\/td>\n(1) Suspension of Fundamental Rights during emergency<\/span><\/td>\n<\/tr>\n
South African Constitution<\/span><\/td>\n(1) Procedure for amendment in the Indian Constitution (2) Election of members of Rajya Sabha<\/span><\/td>\n<\/tr>\n
French Constitution<\/span><\/td>\n(1)Republic (2) Ideals of liberty, equality and fraternity in the Preamble<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>#10 Important features of the Indian Constitution<\/strong><\/h2>\n

Peculiar features of Indian Constitution are as follows:<\/strong><\/p>\n

1. Lengthiest Constitution in the World ( 448 articles and 12 Schedules)<\/p>\n

2. Framed From Different Sources<\/p>\n

3. Federal System with Unitary Features:-<\/strong><\/span><\/p>\n