Apna Gyaan

The Indian Constitution begins with, a preamble. According to N A Palkhivala, an eminent jurist and constitutional expert,

The preamble is an “identity card of the constitution”.

And the preamble of Indian Constitution based on ‘Objective Resolution’, moved by Pandit Jawahar Lal Nehru before independence.

So, in the previous posts, we have discussed Constitutional Development, Constituent Assembly and Key Features of Indian Constitution. Now, later onwards, we will precisely study each section of the Indian Constitution. So, we will start our journey with the Preamble

Keywords of Preamble

Sovereign

It tells that India is a Sovereign State. So, ‘Sovereign’ means, India is neither a dependent nor a dominion state of any other external power. India has own sovereignty.

Socialist

By the 42nd Constitutional Amendment Act, 1976, Socialist word added to the Preamble. India adopted ‘democratic socialism’. Democratic socialism provides a “mixed economy” system. So, both the public and private sectors co-exist in India.

Secular

By the 42nd Amendment Act of 1976, Secular terms added to the Indian Constitution. The term Secular comes from the French word Secular. Earlier, in Europe, it meant separation of Church from the State.

But in India, the term Secular has a different meaning. So, in India it means, all the religions in India get equal respect, protection and support from the state. Article 25 to 28 (Part III) of the constitution guarantees freedom of religion as a Fundamental Right.

Democratic

In India, Election Commission, an independent body, organises Elections to elect representatives from all the States and Union Territories. This system provides a democratically elected leader to the nation.

As supreme power lies with the people of the nation, India is the largest Democracy in the world. The term ‘democratic’ is used in the preamble in a wholistic manner. It’s not only political democracy but also social and economic democracy.

Republic

In a Republic, the head of the state is elected by people directly or indirectly. In ancient India, there were several republics viz, Vaishali, Licchavis, Shakyas, etc.

So, the term ‘republic’ in the preamble indicates that India will have an elected head called the President. People of India elect the President of India indirectly.

Justice

The term ‘Justice’ in the preamble takes three distinct forms – social, economic and political. It is secured through various provisions of the Indian Constitution like Fundamental Rights and Directive Principles of State Policy.

Social Justice means that the constitution wants to create a more equitable society based on equal social status.

Economic Justice means the elimination of inequalities in wealth, income and property, so that wealth is not concentrated in a few hands.

Political Justice means all citizens have equal rights in political participation and equal voice in the government.

Liberty

The ideals of liberty, equality, and fraternity have taken from the “French Revolution”. These ideals are inspired by the French Revolutionary leader Maximilien Robespierre. The Indian Preamble provides the liberty of thought, expression, belief, faith, and worship.

Equality

Equality means the absence of special privileges. So, the preamble provides equal status and opportunity to the people of India.

Though we do have a reservation system for certain sections of the society. But, this reservation practice is to provide Equality to society. Strange but true!!!🤔(A very Controversial Topic!!!)

Fraternity

Fraternity means a feeling of brotherhood. The preamble seeks to promote fraternity among the people. And seeks to assure the dignity of the individual and integrity of the nation.

Significance

It describes the basic philosophy and fundamental values of the Indian Constitution. It is said,

‘The Preamble is the most precious part of the Constitution’. The Preamble is the soul of the Constitution.

Amendment of the Preamble??? 🤔🧐

In 1976, it was amended (only once till date) by the 42nd Constitutional Amendment Act. Three new terms, Socialist, Secular, and Integrity were added to the Preamble. The Supreme Court held this amendment validly.

Interpretation by Supreme Court

The Preamble was added to the Constitution after the rest of the Constitution was already enacted. In the Berubari Union case(1960) the supreme court said that the Preamble is not a part of the Indian Constitution.

However, it later recognized that it could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.

In Kesavanand Bharti case (1973), the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution.

In the LIC of India case (1995) the supreme court again held that the Preamble is an integral part of the Constitution.

So, the Preamble contains the basic ideas, objectives, and philosophical dimensions the Constitution of India stands for.

The gist of features

• Source of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.
• Nature of Indian State: India a sovereign, socialist, secular democratic, and republic polity.
• The Objective of the Constitution: It specifies Justice, liberty, equality, and fraternity as the objectives.
• Date of adoption: Constitution adopted on November 26, 1949.

So, here we have understood the important features of the Preamble of the Indian Constitution. In short, one can say that it is a precise summary of our lengthy constitution.

So guys, In the next section, we shall start our journey to read and understand each section or part of the Indian Constitution.

Thanks and Stay Civilised. 😃