Preamble Of The Indian Constitution
Introduction
The Preamble is a proclamation that summarizes the goals and principles of the constitution. The Indian Constitution's Preamble is built on goals. On January 22, 1947, an objective resolution that strengthened the nationalist movement's moral conviction to establish a government that will fulfil the many promises it made to the Indian people was unanimously approved.
The Preamble: Historical Background
• Prior to the start of the constitution-making process in 1946, Nehru sponsored an Objectives Resolution (a resolution that stated the Assembly's objectives).
• This resolution represented the objectives and guiding principles that guided the drafting of the Constitution.
• The Objectives Resolution served as the framework for the Indian Constitution, which codified the fundamental principles of equality, liberty, democracy, sovereignty, and multiculturalism.
• This strengthened the moral will to establish a government that will keep the numerous promises made to the Indian people by the nationalist movement.
• Based on this resolution, which was overwhelmingly approved on January 22, 1947, is the Preamble to the Constitution.
• The objectives set forth in the preamble encompass the fundamental structure of our constitution. It highlights the core principles and philosophy of the Indian Constitution. It is regarded as the soul of the Constitution.
The Preamble's Purpose
• The goals of the Preamble are to maintain the unity and integrity of the country as well as to ensure justice, liberty, and equality for all people.
Keywords And Philosophy Enshrined In The Constitution
Popular Will
• We the people of India, where “we," demonstrate that the people are ultimately in charge. It is a democracy in the truest sense of the word, meaning that the people themselves are in charge.
• It shows that the Indian people are the Constitution's true source of authority.
• According to the Indian Constitution, India is a republican, socialist, secular, and independent state.
Sovereignty
• India is implied to be a sovereign state by the term "sovereignty," not a dependent territory or a dominion of another state. It is free to run its own affairs and has no superior authority (both internal and external).
Socialist
• The form of socialism used in India is democratic socialism. A "mixed economy," in which the public and private sectors coexist, is what democratic socialism advocates. According to the Supreme Court, Indian socialism aims to obliterate poverty, ignorance, disease, and opportunity imbalance.
Secularism
• All religions in our nation (despite of their influence) receive the same status and support from the government, according to the secularism that the Indian Constitution upholds as a positive principle.
Democratic
• The Indian Constitution established a representative parliamentary democracy where the legislature holds the executive responsible for all decisions and deeds.
• The universal adult franchise, regular elections, the supremacy of the law, the independence of the judiciary, and the lack of discrimination on account of certain factors are all examples of the democratic aspect of the Indian government.
Republic
• In our Preamble, the word "republic" refers to the fact that India has a president who is chosen by the people.
• The objectives of India are as follows: Justice, equality, liberty, and fraternity are the concepts that are most sought after and are best expressed here.
Justice
• In the Preamble, the word "justice" is used to refer to three different kinds of justice: social justice, economic justice, and political justice. All three of these types of justice are protected by different articles of the Fundamental Rights and Directive Principles.
Liberty
• The absence of limits on people's behavior is referred to as "liberty," which also permits people to express their unique personalities.
• Through their Fundamental Rights, which can be enforced in court if they are broken, all Indian people are guaranteed the freedom of thought, speech, belief, faith, and worship by the Preamble.
Equality
• The concept of "equality" refers to both the absence of special privileges for any group in society and the accessibility of appropriate chances for everyone without bias.
• All Indian people are guaranteed equality of status and opportunity under the Preamble. The three facets of equality that are covered by this clause are civil, political, and economic.
Fraternity
• The word "fraternity" refers to a sense of brotherhood. The Constitution promotes a spirit of fraternity by instituting a single citizenship system.
• In addition, Article 51-A of the Fundamental Duties declares that every Indian citizen has a responsibility to promote peace and a sense of fraternity among all Indians, regardless of any differences that may exist due to religion, language, area, or social class.
• Both human dignity and national integrity and unity must be guaranteed by fraternity, according to the Preamble.
The Preamble: It’s Importance
• The Constitution's Preamble describes the fundamental principles and philosophy upon which it is built, as well as the aims and purposes that its forefathers intended for the law.
• Several rulings by the Indian Supreme Court show the value and significance of the preamble.
• An act's to the preamble outlines the key goals that the legislation is meant to accomplish.
• It serves as a kind of introduction to the act and is frequently quite beneficial in understanding the legislative intent and policy. It conveys "what we had long thought or dreamed."
• It encapsulates all the ideals and objectives for which the nation had fought under the British Regime in a solemn manner.
• It demonstrates the wellspring of the constitution, the Indian people.
• It includes the enacting provision that puts the constitution into effect.
• It outlines the fundamental form of governance and polity that was to be built as well as the freedoms that the Indian people sought to ensure for all of its residents.
Amendments
42nd Amendment to the Constitution
• The Preamble was altered for the first and only time by the 42nd Constitutional Amendment Act in 1976. After the passage of the 42nd Amendment, three new terms socialist, secular, and integrity were added.
Interpretations Via The Supreme Court
Supreme Court Interpretations of the Preamble as a Component of the Constitution:
Berubari Union (1960)
• The Preamble holds the secret to the Constitution's framers' thoughts. The Preamble may be used as a guideline if a term in any article of the Constitution is ambiguous or has more than one meaning, the Supreme Court said.
• Despite the Supreme Court's opinion that the Preface can replace the Law's specific provisions, the Preamble is nonetheless recognized for its significance.
• In the Berubari case, the Supreme Court came to the conclusion that the Preamble cannot ever be viewed as a source of major power because it is not a component of the Constitution.
Kesavananda Bharati (1973)
• The Preamble is a part of the Constitution and can be altered in accordance with Article 368 of the Constitution, according to the Supreme Court's decision in the Kesavananda Bharati case (1973), which rejected earlier opinions.
• The Preamble is thought to be extremely significant, and the Constitution should be read and interpreted in the context of the lofty and admirable ideal it expresses.
Union Government versus LIC of India (1995)
• The Preamble is a fundamental component of the Constitution, the Supreme Court concluded in the LIC of India case.
• The Preamble to the Constitution of Free India so contains the fundamental principles, objectives, and philosophical tenets that the Constitution of India stands for.
Considering the aforementioned Supreme Court decisions, two points should be noted:
• The Preamble neither grants the legislature any authority nor forbids it from exercising any authority.
• It is non-justiciable, meaning that courts cannot enforce its terms.