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The Preamble of the Indian Constitution

Introduction:

• The Preamble of the Indian Constitution is a brief introductory statement outlining the fundamental principles and objectives of the Constitution.
• Eminent Jurist Nani Palkhiwala referred to the Preamble as the “Identity Card of the Constitution”.

Function of the Preamble:

• Defines who the Constitution is for.
• Indicates the sanction of the Constitution.
• Provides the direction and character of policy.
• Outlines the goals and objectives of the Constitution.

Significance:

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

Content of the Preamble:

• Unlike the constitutions of Australia, the United States, and Canada, India’s Constitution includes a lengthy Preamble.
• Many constitutions around the world feature a preamble to provide an idea about the nature of polity in the respective countries.

Historical Background of Preamble of Indian Constitution

Introduction of Objective Resolution:

• Written by Jawaharlal Nehru.
• Introduced on December 13, 1946.
• Adopted by the Constituent Assembly on January 22, 1947.

Purpose of the Objective Resolution:

• Served as a pledge and an undertaking.
• Provided a firm resolve that guided the Constituent Assembly for three years until the Constitution was made.

Drafting of the Preamble:

• Initially drafted by Sh. B. N. Rau in his memorandum dated May 30, 1947.
• Reproduced in the Draft of October 7, 1947.

Deliberations and Reformulation:

• Reformulated in the context of discussions by the Constituent Assembly.
• Adopted on November 26, 1949.
• Implemented on January 26, 1950, also known as Republic Day.

Drafting Committee's Approach:

• Aimed to ensure the Preamble dealt only with the basic features of the State and its objectives.
• Included key terms: Sovereign, Democratic, and Republic.

The Need for the Preamble

Introduction and Significance:

• The Preamble begins the Constitution and can be considered its soul as it encapsulates its essence.

Summarizes Fundamental Ideas:

• The Indian Constitution is the lengthiest written Constitution in the world, with approximately 450 Articles and 12 Schedules.
• The Preamble defines the document’s fundamental ideas, philosophy, policy aims, and objectives that the Constitution’s founding authors strived for.

Judicial Value:

• The Supreme Court of India has emphasized the relevance and value of the Preamble in several decisions.
• It assists the Supreme Court in deciding whether a specific law or piece of legislation aligns with the Constitution.

Incorporates Beliefs and Aspirations:

• The Preamble includes the beliefs and aspirations for which the country struggled during the British Regime.
• The Constitution’s objective is to bring justice, liberty, equality, and fraternity to its citizens.
• It declares the significant rights and liberties that Indian citizens possess.

Guide to the Legislative and Executive:

• The Preamble acts as a statute primer, helping to determine policy and legislative purposes.
• It communicates long-standing aspirations and dreams of the nation.

Enacts the Constitution:

• The enacting clause, which puts the Constitution into effect, is found in the Preamble.

Source of the Constitution:

• The Preamble declares the people of India as the source of the Constitution.

Key Concepts of the Preamble of the Indian Constitution

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 inclusion of the Preamble as part of the Indian Constitution has been a significant legal debate in India. Here are key legal cases and observations related to this issue:
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 acknowledged that the Preamble can be helpful in understanding the ambiguous terms used in the Constitution.
• Despite recognizing its significance, the Court did not declare the Preamble as part of the Constitution.

Kesavananda Bharati Case (1973):

• The Supreme Court observed that the Preamble and the Constitution should be read and interpreted in light of the grand and noble vision expressed in the Preamble.
• It was declared that the Preamble is a part of the Constitution.

LIC of India Case (1995):

• The Supreme Court reaffirmed that the Preamble is an integral part of the Constitution.

Important Notes:

• 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.

Amendability of the Preamble

The legal question of whether the Preamble is amendable, given its non-justiciable nature, has been interpreted differently by the Supreme Court in two significant cases:
Berubari Union Case (1960):

• The Supreme Court held that despite being the key to the minds of the Constitution makers, the Preamble is not a part of the Constitution.
• Therefore, it cannot be amended.

Kesavananda Bharati Case (1973):

• The Supreme Court rejected the earlier judgement in the Berubari Case.
• It held that the Preamble is a part of the Constitution and can be amended.

The Preamble was amended only once in 1976 by the 42nd Constitutional Amendment Act, which added three new words: Socialist, Secular, and Integrity.

42nd Amendment to the Constitution

The 42nd Amendment made the following changes to the Preamble:

• Description of India: Changed from “sovereign democratic republic” to “sovereign, socialist, secular democratic republic.”
• Unity of the Nation: Changed the words “unity of the nation” to “unity and integrity of the nation.”

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.