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The Preamble of the Indian Constitution

The Preamble is an introductory statement that outlines the philosophy and objectives of a document. In the case of the Constitution, it captures the essence of the framers' vision, the historical context of its creation, and the core values and principles that guide the nation.

Key Features of the Preamble

• Source of the Constitution :It highlights the authority from which the Constitution derives its power and legitimacy.
• Nature of the Indian State :It defines the fundamental character of the Indian State. The Preamble proclaims India as a Sovereign, Socialist, Secular, Democratic, Republic committed to ensuring Justice, Equality, and Liberty for all its citizens.
• Statement of Objectives :It lays out the Constitution's primary goals and principles. While the Preamble does not grant enforceable rights or impose legal obligations, it serves as a guiding principle for interpreting the Constitution.
• Date of Adoption :It marks the date when the Constitution was adopted, symbolizing its formal beginning. The Preamble, introduced through Jawaharlal Nehru’s Objective Resolution, was adopted on January 22, 1947.

Significance of the Preamble

The Supreme Court has affirmed in various judgments that the Preamble forms an integral part of the Constitution. The opening and concluding words, “We, the people…adopt, enact, and give to ourselves this Constitution,” emphasize that sovereignty lies with the people of India. This makes the Preamble the very soul of the Constitution.

KM Munshi aptly called the Preamble the “Horoscope of the Constitution” as it forecasts the nature of the Indian state post-independence.

Historical Background of Preamble of Indian Constitution

The journey of the Preamble began with the Objective Resolution, introduced by Jawaharlal Nehru on December 13, 1946, in the Constituent Assembly. This resolution laid the groundwork for the core principles and objectives that would guide the drafting of the Constitution.

Key Points of the Objective Resolution

• It declared India as an independent sovereign republic governed by the Constitution.

• It stated that all territories of India, including those under British rule, would form the ‘Union of India’.

• These territories would be autonomous units with powers derived from the people of the sovereign.

• It guaranteed justice—social, economic, and political—along with freedom of thought, expression, belief, faith, worship, vocation, association, and action, subject to law and public morality.

• It provided safeguards for minorities, depressed and backward classes, and tribal areas.

Drafting of the Preamble

B.N. Rao drafted an initial version of the Preamble, stating, “We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this constitution.” This draft was presented to the Constituent Assembly on July 4, 1947.

Final Adoption

After extensive debates and refinements, the Preamble was formally adopted by the Constituent Assembly on January 22, 1947.

Key Concepts of the Preamble of the Indian Constitution

The Preamble of the Indian Constitution encapsulates the fundamental ideologies and values guiding the nation. It sets the stage for a sovereign, socialist, secular, and democratic republic committed to justice, liberty, equality, and fraternity. These principles define the constitutional narrative and mold the governance and legal fabric of India, emphasizing the country's dedication to an inclusive and equitable society.

Sovereign

• Implies that the Indian state has sole authority to make decisions on both internal and external issues.
• No foreign power can impose its will on the Indian government.
• India is a sovereign nation, not a colony or a dependency on another country.
• India is a supreme power, and no internal or external forces can challenge the authority of the Indian government.
• As a sovereign state, India is immune to foreign interference in its domestic affairs.

Socialism

• A social system where everyone in the community has an equal part in resource creation, distribution, and trade.
• A democratic style of governance allows for this type of ownership.
• Demonstrated through a cooperative system where each community member owns a portion of communal resources.
• The word "Socialist" was added to the Preamble by the 42nd Constitutional Amendment in 1976.
• Socialism has various benefits and drawbacks.

Secularism

• Embodies the optimistic notion that all religions in India enjoy the same status and support from the government.
• Emphasizes India's constitutional secularism and lack of an official religion.
• The State must respect and embrace all religions rather than favour or patronize any one of them.
• The term "Secular" was added to the Preamble by the 42nd Constitutional Amendment in 1976.

Democracy

• Introduces a democratic polity based on popular sovereignty, or the people’s possession of supreme power.
• Establishes a representative parliamentary democracy where the executive is accountable to the legislature for all policies and actions.
• Manifestations include universal adult franchise, periodic elections, the rule of law, the independence of the judiciary, and the absence of discrimination on specific grounds.
• The term "democratic" encompasses political, social, and economic democracy, as emphasized by Dr. Ambedkar.

Republic

• A democratic polity divided into monarchy and republic.
• In a republic, the head of state is elected directly or indirectly for a fixed period, unlike hereditary monarchy.
• The term "republic" denotes that India has an elected head known as the president, elected indirectly for a five-year term and removable by impeachment.
• Indicates political sovereignty vested in the people and no privileged class, ensuring all public offices are open to all citizens without discrimination.

Justice

• Encompasses social, economic, and political justice.
• Social and economic justice are prioritized before political justice.
• Seeks to abolish discrimination based on birth, caste, colour, sex, or religion.
• Ensures equitable access to public opportunities and aims for the common good of all citizens.
• Inspired by the Russian Revolution (1917).

Liberty

• Democracy is closely connected with liberty, ensuring certain minimal rights for a free and civilized existence.
• Fundamental rights include freedom of thinking, expression, belief, faith, and worship.
• These freedoms are guaranteed in the chapter on Fundamental Rights, subject to restrictions to prevent liberty from becoming a license.
• Inspired by the French Revolution (1789–1799).

Equality

• Rights are meaningful only if shared equally by all members of society.
• Social and economic equality ensures everyone benefits from these rights.
• The Preamble secures equality of status and opportunity for all citizens.
• Encompasses civic, political, and economic dimensions of equality.
• The Fundamental Rights forbid the State from discriminating between citizens based on caste, race, sex, or religion.
• Ensures access to public spaces, abolition of titles of honours, and elimination of untouchability.

Fraternity

• Refers to a sense of brotherhood and sisterhood among citizens and a sense of belonging to the country.
• Ensures human dignity, national unity, and integrity.
• Aims to overcome communalism, regionalism, casteism, linguism, secessionism, and other threats to national integration.
• The word "integrity" was added to the Preamble by the 42nd Constitutional Amendment (1976).

Preamble’s Relation with the Constitution

The role of the Preamble in the Indian Constitution has been the center of important legal debates and decisions. Here's a breakdown of how its status has evolved through key court cases:

AK Gopalan Case (1950)

• The Supreme Court held that the Preamble was not enforceable as it wasn’t considered part of the Indian Constitution.

Berubari Union Case (1960)

• The Supreme Court initially stated that the Preamble is not a part of the Constitution.
• It was considered merely an introduction and could not be used to interpret the Constitution’s provisions, drawing from American legal perspectives where the Preamble is seen as an introductory statement only.

Kesavananda Bharati Case (1973)

• This landmark decision reversed the previous stance from the Berubari Union Case.
• The Supreme Court declared the Preamble as an integral part of the Constitution.
• Although it does not grant any powers by itself, the Preamble is crucial for interpreting the Constitution's articles and clauses.
• The Court emphasized that the Preamble forms part of the Constitution’s "basic structure," a concept that means its essential elements cannot be amended or removed.

LIC of India Case (1995)

• The Court reaffirmed that the Preamble is a core part of the Constitution.
• However, it clarified that the Preamble itself does not have standalone enforceability in court.

Amendment to the Preamble

• The Kesavananda Bharati ruling also established that the Preamble could be amended under Article 368, as long as such amendments do not alter the Constitution's basic structure.
• The Preamble was amended once in 1976 by the 42nd Constitutional Amendment Act, adding the terms “Socialist”, “Secular”, and “Integrity”.
• This amendment aimed to strengthen the ideological foundations of the Constitution and was influenced by the recommendations of the Sardar Swaran Singh Committee.

The Preamble is non-justiciable, meaning its provisions are not enforceable in courts of law.

The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature.

Conclusion

• The Preamble of the Indian Constitution outlines the fundamental principles and objectives of the Constitution. It reflects the aspirations of the people of India and the values the Constitution seeks to uphold.
• Each key concept outlined in the Preamble is significant for Indian society and governance. The principles of sovereignty, socialism, secularism, democracy, justice, liberty, equality, and fraternity form the bedrock of the Indian Constitution and guide the country’s political, social, and economic development.
• The Preamble provides a roadmap for achieving these objectives and provides inspiration and guidance for all Citizens of India.