PREAMBLE
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 26th day of November 1949, do HEREBY ADOPT,
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 26th day of November 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS Constitution.
1.About Preamble
- The word "Preamble" refers to the Constitution's introduction or preface. It includes the Constitution's summary or essence.
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It describes the purposes and objectives with which the Constitution has been written and hence provides a guideline to the Constitution.
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The American Constitution was the first, to begin with a Preamble. Many countries, including India, followed this practice.
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The Indian Constitution's Preamble is based on Pandit Nehru's "Objectives Resolution," which was written and moved by him and adopted by the Constituent Assembly.
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The 42nd Constitutional Amendment Act (1976) amended it by adding three new words: socialist, secular, and integrity.
2.Keywords in the Preamble
Sovereign
- India is neither a dependent nor a dominion of any other nation, but an independent state.
- The state is free to carry out its affairs (Internal and External). And India’s membership in the Commonwealth of Nations nowhere undermines its sovereignty.
- As a sovereign state, India has the option of gaining foreign territories or ceding a portion of its territory to a foreign power.
Socialist
- Indian brand of socialism is a ‘democratic socialism’ i.e. State holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side (mixed economy).
- Indian socialism is a fusion of Marxism and Gandhism, leaning strongly towards Gandhian socialism, to eradicate ignorance, poverty, inequality of opportunity, and disease.
- Even before the 42nd Amendment applied the words "socialism" to the Constitution in 1976, the Constitution included socialist elements in the form of some Directive Principles of State Policy.
- However, the new economic policy (1991) of Liberalisation, Privatisation, and Globalisation has, however, diluted the socialist credentials of the Indian State.
Secular
- India adopted the positive concept of secularism i.e., rather than keeping a watertight separation between state and religion, all religions in our country have the same status and equal support from the state.
- The 42nd Constitutional Amendment Act of 1976 introduced the word "secular" to the Indian Constitution's Preamble.
Democratic
- The word ‘Democratic’ is used in the Preamble and embraces not only political democracy but also social and economic democracy.
- It is found in the doctrine of popular sovereignty i.e. possession of supreme power by the people.
- In an indirect democracy, the representatives elected by the people exercise supreme power and thus carry on the government and make the laws.
- Indian democratic set-up is based on indirect democracy, also known as representative democracy under which the executive is responsible to the legislature for all its policies and actions.
- The Indian Constitution presents a representative parliamentary democracy.
Republic
The term ‘Republic’ in our Preamble specifies that the head of the state is always elected in India (President). He is elected in an indirect election for a five-year term. It implies that:
- Political sovereignty lies with people and not a single person.
- Public offices are open to all (Absence of Privileged Class).
Justice
- The term ‘justice’ in the Preamble embraces three distinct forms-social, economic, and political. These are protected through Fundamental Rights and Directive Principles (political justice through FRs and social and economic justice through DPSPs).
- Social justice: Equal treatment of all.
- Economic Justice: No discrimination based on economic factors.
- Political justice: Equal political rights to all.
- Social Justice and Economic Justice forms distributive justice.
Liberty
- Absence of restrictions on the activities of individuals
- Provides chances for the development of individual personalities.
- The Preamble guards all citizens of India's liberty of thought, expression, belief, faith, and worship, through their
- Fundamental Rights, enforceable in a court of law, in case of violation.
- The liberty envisaged by the Preamble or Fundamental Rights is not absolute but qualified.
Equality
- Absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
- Civic equality – Articles 14, 15, 16, 17, and 18.
- Political equality – Article 325 (no person is to be declared ineligible for inclusion in
electoral rolls on grounds of religion, race, caste, or sex) and Article 326 (elections to Lok
sabha and state assemblies to be based on adult suffrage).
Fraternity
- It implies a sense of brotherhood.
- The Constitution promotes this feeling of fraternity through the System of single citizenship and Article 51-A (Fundamental Duties)
- Fraternity assures two things:
1. Dignity of the individual
2. Unity and integrity of nation (territorial and psychological)
3.Significance of the Preamble:
- It provides the Basic Philosophy and Fundamental values of the Constitution.
- The preamble is essential to unravel the minds of Constitutional forefathers.
- It is an imperative guide to interpreting the true spirit of the Constitution.
- The preamble is the Soul of the Constitution that lays down the pattern of our political society.
4.Preamble as part of the Constitution
- Berubari Union case (1960): Where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble + The Supreme Court specifically opined that Preamble is not a part of the Constitution
- Kesavananda Bharati case (1973): The Supreme Court rejected the earlier opinion and ruled that the Preamble is a part of the Constitution + the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.
- LIC of India case (1995): The Supreme Court again held that the Preamble is an integral
part of the Constitution. - The preamble was also enacted by the Constituent Assembly but after the rest of the Constitution was already enacted.
- The reason for inserting the Preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly.
- Non-justiciable and Not enforceable.
5.Sardar Swaran Singh Committee views on Preamble
- The Committee is of the opinion that the concepts of Secularism and Socialism should be clearly spelt out in the Constitution.
- It is accordingly recommended that the Preamble should be amended by substituting the expression "Sovereign, Democratic, Secular, Socialist Republic" for "Sovereign Democratic Republic".
- It is also proposed that the words "and integrity" should be inserted after the word "unity".
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Previous year Questions
1. The Preamble to the Constitution of India is (UPSC 2020)
A. a part of the Constitution but has no legal effect
B. not a part of the Constitution and has no legal effect either
C. a part of the Constitution and has the same legal effect as any other part
D. a part of the Constitution but has no legal effect independently of other parts
Answer: D
2. Economic Justice’ the objectives of the Constitution has been as one of the Indian provided in: (UPSC 2013)
(a) the Preamble and Fundamental Rights (b) the Preamble and the Directive Principles of State Policy (c) the Fundamental Rights and the Directive Principles of State Policy (d) None of the above Answer: B |
