Preamble to the Constitution of India

The original text of the Preamble, (before the 42nd Amendment) of the Constitution

The 'preamble' of the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document derives its authority, meaning, the people.[1] The hopes and aspirations of the people as well as the ideals before our nation are described in the preamble in clear words. It may be considered as the soul of Constitution. The preamble can be referred to as the preface which highlights the entire Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26th January, 1950.

Historic background

It is based on the Objectives Resolution which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946.[2] 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 who was at Shantiniketan with acharya Nandalal Bose at that time. Nandalal Bose endorsed Beohar Rammanohar Sinha's artwork without any alteration whatsoever. As such, the page bears Beohar Rammanohar Sinha's short signature Ram in Devanagari lower-right corner.Dr. Ambedkar said:

"it was, indeed, a way of life, which recognizes liberty, equality and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things."[3]

That the preamble is not an integral part of the Indian constitution was declared by the Supreme Court of India in BeruBari case[4] therefore it is not enforceable in a court of law. However, Supreme Court of India has, in the Kesavananda case, overruled earlier decisions and recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution.

As originally enacted the preamble described the state as a "sovereign democratic republic". In 1976 the Forty-second Amendment changed this to read "sovereign socialist secular democratic republic".[5]

Text of the Preamble

These are the opening words of the preamble of the Indian Constitution.

“ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR ,DEMOCRATIC, REPUBLIC and to secure 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[6]

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.

 ”

Enacting formula

The enacting words, "We, the people of India ...in our constituent assembly ...do here by adopt, enact and give to ourselves this constitution", signify the democratic principle that power is ultimately rested in the hands of the people. It also emphasizes that the constitution is made by and for the Indian people and not given to them by any outside power (such as the British Parliament). The phrase "we the people" emphasizes the concept of popular sovereignty as laid down by J. J. Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

Sovereign

It means free from the control of any foreign power and internally has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. The Popular sovereignty is also one of the basic structures of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives through elections held for the parliament, state legislature and local bodies as well. People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India. India’s membership of the commonwealth or of the United Nations does not impose any external limit on her sovereignty. The Commonwealth is a free association of sovereign Nations. It is no longer British Commonwealth. India does not accept the British Queen as the head of state. The sovereignty empowers India to either acquire a foreign territory or cede a part of its territory in favour of a foreign [7]

Socialist

Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy The term socialist here means democratic socialism i.e. achievement of socialistic goals through democratic, evolutionary and non-violent means. A mixed economy in which both Public sector and Private sector run together as two wheels of economic development.

Secular

Secular means the relationship between the government and the people which is determined according to constitution and law. By the 42nd Amendment in 1976, the term "Secular" was also incorporated in the Preamble. Secularism is the basic structure of the Indian constitution. The Government respects all religions. It does not uplift or degrade any particular religion. There is no such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A state which does not recognise any religion as the state religion, it treats all religions equally". Positively, Indian secularism guarantees equal freedom to all religion. it stands for the right to freedom of religion for all citizens. Explaining the meaning of secularism as adopted by India, Alexander Owics has written, "Secularism is a part of the basic of the Indian Constitution and it means equal freedom and respect for all religions."[7]

Democratic

The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly indicate the democratic spirit involved even in the Constitution. India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as "one man one vote". Every citizen of India,Amendment years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, [gender], Religious intolerance or education. The word 'democratic' not only refer to political but also to social & economic democracy.[7]

Republic

In a republic form of government, the head of the state is an elected person and not a heredity monarch . This word denotes a government where no one holds a public power as proprietary right . As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President of India is not hereditary. Every citizen of India is eligible to become the President of the country. The leader of the state is elected by the people.[8]

Liberty

The idea of Liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no unreasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish to follow up their thoughts in action. This is found to be an important tool in ensuring democratic framework. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits.this is second provision.

Equality

This envisages that no section of the society enjoys special privileges and individuals are provided with adequate opportunities without any discrimination.All are equal in front of law.Again, there are three dimensions of Equality - Political, Economic & Civic.[9]

Fraternity

This refers to a feeling of brotherhood & a sense of belonging with the country among its people. It embraces psychological as well as territorial dimensions of National Integration. It leaves no room for regionalism, communalism, casteism etc. which hinders the Unity of the State.The inclusion of the word "Fraternity" is proposed by Dr. B.R Ambedkar.

Amendablity

In Berubari Case (1960), Supreme Court had held that Preamble can not be a part of the constitution but later in Kesavanada Bharati VS Kerala state Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is Part of Constitution and is subject to the amending power of the parliament as any other provisions of the Constitution, provided the basic structure of the constitution is not destroyed.

It has been clarified by the Supreme Court of India that being a part of Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered.

Forty-second Amendment

The preamble has been amended only once so far. On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "Sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".[5]

References

  1. ↑ Baruah, Aparijita (2007). Preamble of the Constitution of India: An Insight and Comparison with Other Constitutions. New Delhi: Deep & Deep. p. 177. ISBN 81-7629-996-0. Retrieved 12 November 2015.
  2. ↑ M Laxmikanth. "4". Indian Polity (4th ed.). McGraw Hill Education. p. 4.5. ISBN 978-1-25-906412-8.
  3. ↑ "Fundamental rights in The Preamble,Free Law Study material,IAS Law Notes,Study material for Ancient India Law". www.civilserviceindia.com. Retrieved 2015-10-11.
  4. ↑ Can Parliament give its territory to a foreign country?, available at Learning the Law.
  5. 1 2 "The Constitution (Forty-Second Amendment) Act, 1976". Government of India. Retrieved 1 December 2010.
  6. ↑ http://indiacode.nic.in/coiweb/coifiles/preamble.htm
  7. 1 2 3 M Laxmikanth. "4". Indian Polity (4th ed.). McGraw Hill Education. p. 4.2. ISBN 978-1-25-906412-8.
  8. ↑ M Laxmikanth. "4". Indian Polity (4th ed.). McGraw Hill Education. p. 4.3. ISBN 978-1-25-906412-8.
  9. ↑
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