Key Points of Preamble

 

PREAMBLE OF INDIAN CONSTITUTION

American Constitution ⟶ 1st to begin with a Preamble

N A Palkhivala  ⟶ called preamble as Identity card of constitution

Preamble is the introduction/preface to the constitution. It is based on the ‛Objectives Resolution’ ‒drafted and moved by Jawaharlal Nehru. Preamble of Indian constitution was adopted by constituent assembly on Nov 26,1949 and it has been amended by 42nd Constitutional Amendment Act (CAA),1976. Not only amended but also added three sections‒Socialist, Secular and Integrity. So far, the preamble of Indian constitution has been amended only once. 

Is Preamble a part of the Constitution?

Berubari Union Case(1960):

In Berubari Union Case, Supreme Court said that the preamble is not a part of the constitution. So it cannot be amended.  

Kesav Nandha Bharathi Case(1973):

In Kesav Nandha Bharathi case, Supreme Court stated that the preamble is part of the constitution and rejected the earlier opinion. It can be amended through article 368 but, which cannot be used to destroy/damage the fundamental features of the constitution as contained in the preamble. 

LIC of India Case(1995):

In LIC of India case, Supreme Court again held that the preamble is an integral part of the constitution.

Significance of the Preamble

The Preamble covers basic philosophy and fundamental values of political, moral and religious. It lays out the ideals and philosophy of founding fathers of Indian constitution those whom are dreamed for.

Sir Alladi Krishnaswami Iyer ; said that, The Preamble of Indian constitution expresses our dreams and thoughts.

K M Munshi ; said that, Preamble is the ‘horoscope of our sovereign democratic republic’.

In the Words of Pandit Thakur Das Bhargava ; Preamble is the soul of the constitution; key of the constitution; jewel set of the constitution.

Sir Ernest Barker‒English Political Scientist ; said that, Preamble is the ‘key-note’ to the constitution.

Ingredients of the Preamble

1. Source of Authority:

            Constitution derives its authority from the people of India.

2. Nature of State :

            Preamble declares India to be a Sovereign, Socialist, Secular, Democratic and Republic.

3. Objectives of Constitution :

            It refers to Justice, Liberty, Equality and Fraternity.

4. Adoption of Constitution :

            November 26, 1949.           

Text of the Preamble

Key words in the Preamble;

➜ Sovereign, Socialist, Secular, Democratic and Republic.

Sovereignty :

The word Sovereign ⟶ Taken from article 5 of the constitution of Ireland

India a Sovereign state which means India is neither a dependency nor a dominion of any other nation. It has complete freedom to conduct its own affairs both internally and externally, there is no supremacy above it. Without Sovereignty a country cannot have its own constitution. 

External Sovereignty ‒ India have its own independent authority. No foreign  power has the right to interfere or take over the control of the government.  It has rights to formulate and regulate its foreign policy.

Internal Sovereignty – It completely deals within the internal part of the territory. It deals with the domestic affairs through legislative, executive, judiciary and administrative.

India's membership of the Commonwealth of Nations and United Nations Organisation(UNO) doesn't affect its sovereignty in any manner. Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign government. 

Socialist :

The term socialist was added in the 42nd constitutional amendment act, 1976. At the1955  Avadi session, The Indian National congress had taken the resolution of adopted a ‘socialistic pattern of society’. Although embrace the socialism, a brand of communism, we practice ‘Democratic Socialism’ not a ‘Communistic Socialism’. Indian Socialism is a combination of Marxism and Gandhism but, mostly leaning towards Gandhism. The constitution provides socialist content in the form of Directive Principles of State Policy.

                                                        ‪

Democratic Socialism :          

            ⬇                                                   

1. Aims to end poverty

2.To end ignorance

3.To end disease and inequality of opportunity

4.Faith in Mixed economy ‒ both public and private sectors co-exist side by side

Communistic Socialism :

               ⬇         

1.Nationalisation of all means of production and distribution

2.Abolition of private property

However, Mixed economy didn't last long. It came to end in 1991 LPG Act (The New Economic Policy of Liberalisation, Privatisation and Globalisation).

Secular :

Secular ⟶ Added by 42nd Constitutional amendment act, 1976

Earlier the word Secular was not included in the preamble of the constitution. Later, it was included in the Preamble by 42nd CAA  Act,1976. But the Supreme Court held in 1974 that Secularism have been already implicit in Fundamental Rights from  Article 25 to Article 28(Right to freedom of  religion).

Atheist No belief in God          Or No belief in Spiritual beings   Atheist Countries: Ex: Denmark Sweden Norway Vietnam

Theocracy Belief in God, Government by Divine Guidance   Theocratic Countries: Ex: Iran Saudi Arabia Sri Lanka Pakistan

Secular No Religion as an Official Religion. All Religions are equal   Secular Countries: Ex: India France United States Mexico

                                             

The Indian constitution follows the positive secularism ‒ all religions in our country enjoying the same status and support from the constitution irrespective of their strength.

Democratic :

                              “By the People, Of the People, For the People”
                                                                                       ‒ Abraham Lincoln

                    

The term Democracy is derived from the Greek word‒ demos(‘people’) and kratos(‘rule’). Democracy is a form of government in which people are the authority to it. It is based on the doctrine of popular sovereignty. In simple term democracy is ‒ ‘By the People, Of the People, For the People’. Democracy is of  two types ― Direct Democracy and Indirect Democracy.

 

Direct Democracy People exercise their supreme power directly.      Four dimensions of Direct Democracy:                1.Referendum                    2.Initiative                3.Recall                4.Plebiscite

Indirect Democracy Indirect Democracy is also known as Representative Democracy. People elected their representatives and exercise their supreme power Indirectly. Indirect  Democracy is of two types:        1.Parliamentary        2.Presidential

Parliamentary Form of Government                                   Ex: India Executive Authority: Prime Minister (Responsible to legislature, Policies and Actions). Supreme Power: President(1st citizen of India) (In case of Emergency, President will take the power). We follows Universal Adult Franchise, Periodic Elections, Rule of Law, Independence of Judiciary and Absence of Discrimination on any Grounds.

Presidential Form of Government                                Ex: USA Executive Authority: President (Responsible to Everything).   Supreme Power: President

 

Republic :

Democratic governance can be divided into two types ‒ Monarchy and Republic.

Monarchy:

     ➤ Usually King or Queen is the head of the state

     ➤ They enjoys it through hereditary position

     ➤ They come into office through succession

              Ex: Britain

Republic:

     ➤ The head of the state is always elected by the people directly/indirectly for the fixed period of term. Ex: USA, India

     ➤ In India the President is elected as the head of the state 

     ➤ He is elected indirectly for a fixed period of 5 years

     ➤ In Republic, vesting of political sovereignty in the people and not in the king/queen 

     ➤ In a Republic state, no privilege to any class and all public offices are open to every citizen without any discrimination

     

Objectives of Preamble ⟶ Justice, Liberty, Equality and Fraternity

Justice:

The term Justice divides into 3 categories — Social Justice, Political Justice and Economic Justice.

          Ideals of Justice have been taken from ⟶ Russian Revolution,1917

Social Justice: 

1. Equal treatment of all citizens without any social discrimination based on caste, colour, race, religion, sex and so on.

2. No privileges to particular society/group.

3. Improvement in conditions of backward classes.

Political Justice:

1. All citizens have equal political rights.

2. Equal rights to access all political offices.

3. No discrimination for voting and contesting in the election.

Economic Justice:

1. No discrimination on the basis of economic factors — Wealth, Income and Property.

2. Combination of social justice and economic justice denotes ‘distributive justice’.

Liberty:

1. Absence of restraints on the activities of individuals and providing opportunities for the development of the individuals.

2. However, it doesn't mean that license to do whatever that individual think. The individual can do within the limitations as mentioned in the constitution.

3. Liberty which means — Liberty of thoughts, expression, belief, faith and worship through fundamental rights. It can be enforceable in court of law, in case of violation.

Ideals of Liberty, Equality, Fraternity have been taken from ⟶ French Revolution(1789-1799)

Equality:

1. No Discrimination on certain grounds as per Fundamental Rights(article 14 to 18).

2. No special privileges to any section of the society.

3. Provide adequate opportunities to all individuals without any discrimination.

4. No discrimination for electoral rolls as mentioned in Article 325.

5. DPSP(Directive Principles of State Policy) of article 39 secures to men and women have equal right to adequate means of livelihood and equal pay for equal work. 

Fraternity:

Fraternity ⟶Brotherhood

➤ Assures two things― ⅰ) Dignity of Individual and ⅱ) Unity and Integrity of the Nation.

➤ Fraternity has been highlighted through Fundamental Rights, DPSP and Fundamental Duties(article 51-A).

➤ Fundamental Duties of Article 51-A says that, 

1. It shall be the duty of every citizen to promote harmony and the spirit of common brotherhood amongst all the people of India. Also, should protect the dignity of women. 

2. It shall be the duty of every citizen of India to stop degrading women/practices derogatory to the dignity of women. 

3. It is the duty of every citizen of India to uphold and protect the sovereignty, unity and integrity of India.