PREAMBLE
1. Context
A Division Bench of the Supreme Court led by the Chief Justice of India dismissed pleas challenging the inclusion of the words ‘socialist’ and ‘secular’ in the Preamble to our Constitution
2. Preamble of Indian Constitution
- The Preamble originally adopted on November 26, 1949, proclaimed India as a sovereign, democratic, republic. The framers of the Constitution deliberately excluded the term ‘socialist,’ believing that embedding a specific economic ideology in the Preamble was inappropriate. They felt it was better for future generations to determine the economic framework best suited to their times and circumstances.
- Indian secularism, meanwhile, differs significantly from its Western counterpart. In Western secularism, there is a strict separation between state and religion, with the government refraining from interference in religious matters.
- Conversely, Indian secularism allows the state to regulate the economic, financial, political, and non-religious aspects of religious practices.
- It also empowers the state to implement social welfare measures and reforms within religious traditions.
- The Constitution upholds secular principles through provisions guaranteeing the right to freely practice any religion and prohibiting discrimination based on religion in state affairs. Consequently, the Constituent Assembly chose not to include the term ‘secular’ in the Preamble initially.
- In the Berubari case (1960), the Supreme Court ruled that the Preamble was not part of the Constitution and held no substantive legal authority.
- However, in the landmark Kesavananda Bharati case (1973), the Court overturned this view, affirming that the Preamble is indeed part of the Constitution and must be interpreted in line with its vision.
- Additionally, it held that the Preamble, like any constitutional provision, could be amended by Parliament. This led to the inclusion of the words ‘Socialist,’ ‘Secular,’ and ‘Integrity’ in the Preamble through the 42nd Constitutional Amendment in 1976
3. Features of Preamble of Indian Constitution
The Preamble of the Indian Constitution serves as the introductory statement, reflecting the essence and philosophy of the Constitution. It outlines the core values and guiding principles upon which the Constitution is based.
Key features of the Preamble are as follows:
- The Preamble declares that the authority of the Constitution is derived from the people of India, emphasizing the principle of popular sovereignty
- It describes India as a Sovereign, Socialist, Secular, and Democratic Republic, defining its essential characteristics:
- Sovereign: India is independent and free to make its own decisions without external interference.
- Socialist: Aimed at achieving social and economic equality.
- Secular: The state treats all religions equally and upholds religious freedom.
- Democratic: Power rests with the people, exercised through a system of representation.
- Republic: The head of state is elected, not hereditary
- The Preamble sets out the goals to be achieved by the Constitution:
- Justice: Social, economic, and political.
- Liberty: Of thought, expression, belief, faith, and worship.
- Equality: Of status and opportunity.
- Fraternity: Promoting the dignity of the individual and the unity and integrity of the nation.
- The Preamble is an integral part of the Constitution, as held by the Supreme Court in the Kesavananda Bharati case (1973). It can be amended but is subject to the basic structure doctrine, ensuring that its fundamental principles remain intact
- The Preamble acts as a prelude, encapsulating the fundamental values and guiding principles of the Constitution. It reflects the vision and aspirations of the people of India
- The Preamble was adopted on November 26, 1949, along with the rest of the Constitution, but came into effect on January 26, 1950
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Text of Preamble
WE, THE PEOPLE OF INDIA, JUSTICE, social, economic and political; 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, |
4. Significance of Indian Constitution Preamble
- The Preamble of the Indian Constitution reflects the core philosophy and foundational principles upon which the Constitution is built, offering a concise overview of its essence.
- As the heart and essence of the Constitution, it acts as a guiding framework for interpreting and implementing its various provisions.
- It serves as a beacon for governance, providing moral direction to policymakers and legislators by emphasizing the overarching objectives of justice, liberty, equality, and fraternity that should guide their actions and decisions.
- The Preamble also celebrates India's unity in diversity, acknowledging the rich plurality of its people, encompassing varied languages, cultures, religions, and traditions.
- Furthermore, it inspires citizens by highlighting their rights, duties, and responsibilities toward the nation. It fosters a sense of patriotism, civic responsibility, and dedication to the ideals of justice, equality, and fraternity among all individuals
5. Landmark Judgements
Berubari Union Case (1960)
- Context: The question was whether the Preamble is a part of the Constitution and can be used as a source of power for the government.
- Judgment: The Supreme Court held that the Preamble is not a part of the Constitution and does not confer any substantive power. It was viewed only as a guiding principle for the Constitution's provisions.
- Significance: This case initially limited the scope of the Preamble’s role in interpreting the Constitution.
Kesavananda Bharati Case (1973)
- Context: The case challenged Parliament's power to amend the Constitution, including the Preamble.
- Judgment: The Supreme Court reversed its earlier opinion, ruling that the Preamble is an integral part of the Constitution and can be used to interpret its provisions. However, it does not confer any enforceable rights.
- Significance: The Court introduced the basic structure doctrine, stating that Parliament can amend the Constitution, but the basic structure, as reflected in the Preamble, cannot be altered
Minerva Mills Case (1980)
- Context: The case dealt with the scope of Parliament's power to amend the Constitution under Article 368.
- Judgment: The Supreme Court reaffirmed the basic structure doctrine and emphasized the Preamble’s significance. It ruled that the harmony between Fundamental Rights and Directive Principles, as envisioned in the Preamble, is a part of the Constitution's basic structure.
- Significance: This case highlighted the importance of the Preamble as a guiding light for achieving justice, liberty, and equality.
SR Bommai Case (1994)
- Context: The case dealt with the dismissal of state governments under Article 356 and the secular nature of the Constitution.
- Judgment: The Supreme Court ruled that secularism, as mentioned in the Preamble, is part of the Constitution's basic structure. Any state action violating secular principles would be unconstitutional.
- Significance: It underscored the Preamble’s role in ensuring adherence to fundamental constitutional values, especially secularism
Union of India v. Naveen Jindal (2004)
- Context: The case addressed the fundamental right to fly the national flag.
- Judgment: The Supreme Court held that the Preamble symbolizes the aspirations of the people and can be referred to when interpreting constitutional rights.
- Significance: The Preamble was used to reinforce the idea of patriotism and unity, as reflected in the Constitution
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For Prelims: Constitutional amendment, Simple Majority, Special Majority, Constitutional Conventions, Anti-defection law, National Commission for Backward Classes (NCBC), Reservation for Economically Weaker Sections (EWSs), Goods and Services Tax (GST).
For Mains: 1. Discuss the significance and challenges associated with the process of amending the Constitution of India. (250 Words).
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Previous year Question1. Consider the following statements (2013) 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: d 2. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC 2016) A. Lok Sabha by a simple majority of its total membership B. Lok Sabha by a majority of not less than two-thirds of its total membership C. Rajya Sabha by a simple majority of its total membership D. Rajya Sabha by a simple majority of not less than two-thirds of its members present and voting Answer: D |
Source: The Hindu
