Preamble Of Constitution of India
Preamble Of Constitution of India , Amendments of Preamble, Important case Law Role of Preamble , Nature of State , Keywords of Preamble
Preamble Of Constitution of India
This series comprises the lectures notes of Constitution of India ( Constitutional Law) that contains part wise notes. This part contains the notes from preamble, which contains descriptive idea of Preamble Of Constitution of India . For upcoming notes notification join our whats app group. To join click here.
Topics Discussed :
- Introduction
- Keywords of Preamble
- Nature of State
- Aspiration for Citizens
- Role of Preamble
- Amendments of Preamble
- Important case Law
Introduction
In today blog we will discuss about the first thing we see when we start reading the Constitution of India though which is the last thing added in the Constitution of India i.e. Preamble Of Constitution of India.
- The word Preamble was originated from a Latin word 'Preambulus'.
- Preamble means an introductory statement which tells about the purpose, philosophy, uses, idea & aspiration, principles and objectives.
- So Preamble of any act is a 'Blue Print' as one can understand from very first page what does this act contains.
Who Drafted the Preamble ?
On 13th December 1946, Pt. Jawaharlal Nehru, presented a draft before the Constituent Assembly about our constitution that how is our Constitution look likes, what it covers, what are the rights of people, duty of people, all such things were covered in draft and that draft is called 'Objective Resolution'
This Objective Resolution is adopted as Preamble by the Constituent Assembly on 22nd January 1947.
Keywords of Preamble
Before going into detail explanation let's look into how preamble is written
Many difficult keywords or terms have been used in Preamble. Let us understand these Keywords one by one.
Preamble starts with the expression WE THE PEOPLE OF INDIA.
- Even though the constitution has been drafted by the constituent assembly but it is deemed that the constitution has been made by the people of India.
- The members of constituent assembly were elected by the elected members of state legislative assemblies.
Nature of States
In the preamble the nature of the Indian State is mentioned to be Sovereign, Socialist, Secular, Democratic, and Republic.
1. Sovereign: is a nation which is independent and which has no interference of external powers in management of its internal matters.
2. Socialist: Socialist is the nation in which the means of ownership are owned by government with the objective of welfare of masses. We have our own definition of socialism which is different from general definition of socialism. Though we have adopted goals of socialism such as welfare of masses but we have not adopted any rigid model of state (public) ownership only. In our form of socialism, both public as well as private sectors co-exist to attain welfare of masses.
3. Secular: A secular state is a state which treats people belonging to different religions in the same manner. In Indian secularism, state does not favour people belonging to one religion but is involved in promotion of all the religions equally. Thus, In India, we have positive form of secularism
i.e. state is neutral to all religions and it engages in promotion of all the religions equally. In other nations which are also secular such as France, state does not engage in promotion of religion and even restricts the freedom of practising religion in public life. Another example of secularism is ex-USSR where the practice of religion even in private life was prohibited.
4. Democracy: ‘Demo’ means people and ‘cracy’means rule. Democracy literally means ‘rule of people’. There are two kinds of democracy: direct and indirect. In a direct democracy, people themselves take decisions on various issues. In indirect or representative democracy, people elect their representatives to form the Government. These representatives are chosen through free and fair elections. These representatives decide on behalf of the people. Ours is a representative democracy.
The democratic principles are highlighted with Article 326 which deals about right to vote and Article 75 (3) which means about collective responsibility of council of ministers to people.
5. Republic: It is a form of Government in which the head of a State is elected. For example: In India, both real head i.e. Prime minster and nominal head i.e. President are elected. The opposite to Republic is Monarchy. ‘Mono’ means single and ‘archy’ means head. Thus, a monarch is a single head of State. Usually the monarchy is through heredity.
Aspiration for Citizens
We have learnt that the nature of India state is Sovereign, Socialist, Secular, Democratic and Republic. We have adopted this nature of Indian State to fulfil certain aspirations for Indian citizens.
1. Justice: The term ‘Justice’ in the Preamble embraces three distinct forms, namely:
a. Social Justice: Social justice refers to the absence of discrimination and equal status for everyone in the society.
b. Economic Justice: Economic Justice refers to equal opportunity to everyone to make a living and to improve one’s standard of living.
c. Political Justice: Political justice refers to equal opportunity to everyone to contest elections and to vote in elections.
2. Liberty:
Liberty of
a. Thought
b. Expression
c. Belief and faith
d. Worship
3. Equality: of
a. Status b. Opportunity
‘Equality’ means the absence of special privileges to any section of society and provision of adequate opportunities for all individuals without any discrimination. It does not mean equal distribution of wealth among all the individuals. Further, preamble states that after retaining equality of status and opportunity the state shall promote all the individuals.
4. Fraternity: Fraternity refers to brotherhood.
The constitution promotes this feeling of fraternity by the system of single citizenship.
The Preamble declares that fraternity has to assure two things – the dignity of an individual and the unity and integrity of the nation.
Related articles:
Date of Adoption & Commencement
- The Preamble also mentions the Date of adoption of constitution, i.e. 26th November, 1949. The date of adoption of constitution is different from the date of commencement of constitution.
- The provisions relating to Citizenship, Election Commission, and Definitions came into force on 26th November, 1949.
- Remaining provisions of this constitution came into force on 26th January, 1950, referred as the date of commencement of constitution.
The 26th January, 1950 was deliberately chosen because on 26th January 1930 ‘Purna Swaraj Day’ was celebrated in India. Celebration of ‘Purna Swaraj’ day meant that Indians were ready for complete independence from Britishers.
Role of Preamble
Role of the Preamble
The Preamble performs the multifaceted roles. As mentioned, preamble specifies the source of authority of constitution, the nature of Indian state, the aspirations for the citizens,and the date of adoption of constitution.
Apart from the above roles, Preamble also acts as introduction to the constitution and it discusses the objectives of the constitution.
It also guides the various organs of the State regarding the ideals of Indian Polity. For instance, Preamble is used by judiciary to make appropriate interpretation of provisions of constitution and other laws.
Amendment of Preamble:
In this amendment, three words were introduced in the preamble namely,
1. Socialist
2. Secular
3. Integrity
2. Secular
3. Integrity
1. Socialist
The word socialist was inserted by 42nd Amendment Act 1976 it means control of states over the means of production. Indian form of socialism is a "democratic socialism" and not a "communistic socialism".
Democratic socialism give importance to mixed economy where public & private sectors co-exist side by side. The word socialism has been used in the context of economic planning. The idea of socialism is mainly incorporated in part IV of the Constitution that is "Directive Principles of the State Policy" in
D.S.Nakra vs. Union of India, aim of socialist state defined as to eliminate irregularity in income, ensure decent standard of life to working people and to provide security basic framework.
2. Secular
The word secular incorporated in Constitution by 42nd Amendment Act.
Indian Constitution embodies the positive concept of secularism. All religion in our country have the same status and support from the state. That is no state-sponsored religion. So India is neither religious nor irreligious nor anti religious. The idea of secularism demonstrate in Article 25 to 28 which deals about freedom of religion. Article 15 (1) and (2) & Article 16 (2) which prohibit discrimination on the basis of religion.
3. Integrity
The word Integrity was also inserted in Constitution by 42nd Amendment Act.
It changes the word 'unity of nation' to 'unity and integrity of the nation'
Important case Law:
1. BERUBARI UNION CASE, 1960
The Supreme Court said that the Preamble shows the overall purposes behind the several provisions within the Constitution, and is thus a key to the minds of the manufacturers of the Constitution. Further, where the terms utilised in any article are ambiguous or capable of quite one meaning, some assistance at interpretation could also be taken from the objectives enshrined within the Preamble.
Despite this recognition of the importance of the Preamble, the Supreme Court held that the Preamble isn't a component of the Constitution. it's also not the source to ban the ability, which is given explicitly within the Constitution. Further, the Preamble isn't enforceable during a Court of Law.
2. KESAVANANDA BHARATI CASE, 1973
In the Kesavananda Bharati case (1973), the Supreme Court rejected the sooner opinion (in the Berubari Case) and held that the Preamble may be a a part of the Constitution.
It observed that the Preamble is of utmost importance and also the Constitution should be read and interpreted within the light of the grand and noble vision expressed within the Preamble. Explanation provided by the Supreme Court:
- The Preamble might not be an important a part of ordinary statute, but it's an important a part of Constitutional Law.
- Supreme Court admitted that some facts regarding the Preamble weren't noticed within the Berubari Case. These facts established Preamble as a component of the Constitution.
- It's been adopted by the Constituent Assembly within the same manner as other parts.
- The motion by which the Preamble was adopted said: “The question is that Preamble stands a part of the Constitution”.
The Preamble was enacted after remainder of the Constitution was already enacted. The Preamble was inserted within the end to make sure that there's no inconsistency between the Preamble and other provisions of the Constitution. This was unlike USA where the Preamble was enacted first.
3. S R BOMMAICASE, 1994
The Supreme Court again held that the Preamble is an integral a part of the Constitution.
AMENABILITY OF THE PREAMBLE
The question regarding the amenability of the Preamble was raised within the Kesavananda Bharati Case (1973). The argument of the petitioner was that the Preamble isn't a provision of the Constitution, hence it can't be amended. Supreme Court’s view: Preamble is a necessary and integral a part of the Constitution. Hence, it is amended; otherwise the harmony of the Constitution may get disturbed. It held that the Preamble can be amended, subject to the condition that no amendment is completed to the ‘basic features’ of the Constitution. Consequently the Preamble was amended by the 42nd Amendment Act, 1976. It added three new words: Socialist, Secular and Integrity to the Preamble.
Let us quickly revise the contents of the preamble. The preamble mentions the source of authority i.e., the people of India.
The preamble mentions the nature of Indian state. Sovereign: sovereign is a state which is independent. Socialist: socialist is a state which seeks to attain welfare of the people. Secular: secular is a state which is neutral towards people belonging to all the religions. Democracy: democracy refers to rule of people. Republic is a state where the head of the states is elected. The preamble also mentions the aspirations for the citizens: Justice, Liberty, Equality and Fraternity.
Further, it also mentions the date of adoption of constitution i.e., 26th November, 1949.




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