PREAMBLE

PREAMBLE

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

The Indian Constitution’s Preamble

A preamble is a statement in the beginning of a document that defines the text’s philosophy and goals. A Constitution lays out the framers’ intentions, the history of its construction, and the nation’s essential ideals and ideas. The Preamble is an introductory phrase that expresses the constitution’s attitude and goals.

The Preamble of the Indian Constitution is based on the Objectives Resolution, which was overwhelmingly endorsed on January 22, 1947, and strengthened the moral conviction to build a government that will carry out the many promises made by the nationalist movement to the Indian people. The Preamble of the Indian Constitution is largely based on Jawaharlal Nehru’s ‘Objective Resolution.’ On December 13, 1946, he proposed his goal resolution, which was eventually approved by the Constituent Assembly on January 22, 1947.

The Preamble to the Indian Constitution’s History

Jawaharlal Nehru’s Objectives Resolution, voted by the Constituent Assembly on January 22, 1947, formed the foundation for the Preamble to India’s Constitution.

The Preamble defines the Constitution’s purposes and serves as a guide for interpreting Articles where the language is confusing, even if it is not enforceable in court.

The Preamble – Objective

The Preamble’s goals are to ensure that all people have access to justice, liberty, and equality, as well as to develop fraternity in order to preserve the nation’s unity and integrity.

Key words in the Preamble

• We, the people of India: It denotes the people of India’s ultimate sovereignty. Sovereignty refers to the state’s independent authority, which is unaffected by any other state or external power.

• Sovereign: The term indicates that India has its own independent authority and is not under the control of any foreign power. The country’s legislature has the authority to enact laws that are subject to specific restrictions. India, as a sovereign state, has the option of acquiring foreign land or ceding a portion of its territory to another country.
• Socialist: The Indian version of socialism is democratic socialism. Democratic socialism advocates for a “mixed economy” in which the public and private sectors work together. According to the Supreme Court, Indian socialism aims to eliminate poverty, ignorance, disease, and unfairness of opportunity.   The 42nd Amendment of 1976 adds it to the Preamble.

• Secular: The term refers to the fact that all religions in India are treated equally by the government in terms of respect, protection, and assistance. The Indian Constitution embodies the positive concept of secularism, which emphasises that all religions in our country (despite of their strength) are treated equally and get official support. The 42nd Constitutional Amendment, passed in 1976, included it in the Preamble.
• Democratic: The term denotes that the Indian Constitution has a well-defined structure that is based on popular will expressed through elections.
• Republic: The term denotes that the state’s leader is chosen by the people. The President of India is the elected head of state in India.

• Justice

• • In the Preamble, the term “justice” refers to three sorts of justice: social, economic, and political justice, all of which are protected by various articles of the Fundamental Rights and Directive Principles.
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• Social Justice – The Constitution’s goal of social justice is to create a society free of discrimination based on caste, creed, gender, religion, and other factors.
• Economic Justice – Economic justice states that no one can be discriminated against because of their money, income, or economic standing. Everyone should be compensated equally for equal work, and everyone should have opportunity to earn a living.
• Political Justice – Political justice is that everyone has an equal, free, and equal opportunity to engage in politics without prejudice.

Liberty

• The term ‘liberty’ refers to people’s freedom to choose their way of life, political beliefs, and social behaviour. Liberty does not imply the ability to do anything; rather, a person can do anything within the bounds of the law.

• Through their Fundamental Rights, which can be enforced in a court of law if they are violated, the Preamble guarantees all Indian people the freedom of thought, speech, religion, faith, and worship.

Equality

• The term “equality” refers to the absence of special privileges for any group in society, as well as the availability of appropriate opportunities for all persons without discrimination.

• The Preamble gives all Indian citizens equal status and opportunity. This clause addresses the civil, political, and economic elements of equality.

Fraternity

• A feeling of brotherhood is characterised as fraternity. The Constitution creates a spirit of fraternity by providing a system of single citizenship.

• Furthermore, Article 51-A of the Fundamental Duties declares that every Indian citizen has a responsibility to promote unity and a spirit of shared brotherhood among all Indians, regardless of religious, linguistic, regional, or sectional differences.

• The Preamble highlights the importance of brotherhood in ensuring human dignity as well as national unity and integrity.

The Indian Preamble’s Main Components

Landmark Cases on the Indian Constitution’s Preamble

Berubari Union Case  1960

A seven-judge panel made the decision. In this decision, the Supreme Court determined that the Preamble is not a part of the Constitution and hence has no substantive power.

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Golaknath v State of Punjab   1967

It was decided by an eleven-judge panel. The Golaknath family held 500 acres of land in this instance. However, the Land Tenure Act only enabled them to keep a small fraction of the 500 acres, with the remainder being confiscated by the government. The land tenure act was challenged in this case. According to Article 19 of the Constitution, citizens have a basic right to property.

In the Kesavananda Bharati case v State of Kerala (1973)

• The Supreme Court rejected earlier opinions in the Kesavananda Bharati case (1973), holding that the Preamble is a part of the Constitution that can be modified under Article 368 of the Constitution.

• It is stated that the Preamble is extremely important, and that the Constitution should be read and interpreted in light of the Preamble’s big and noble vision.

It was decided by a thirteen-judge panel (the largest Constitution bench).

In this instance, the government’s interference with citizens’ right to property was also discussed. Some constitutional amendments were made in 1971-72, as a result of which two Kerala Acts on Land Reform were added to the 9th Schedule. In this case, the modifications were contested.