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Preamble of Indian Constitution
- April 11, 2025
- Posted by: Beauty Kumari
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“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”.
Sovereignty
- The term “sovereign” suggests that India is an independent state rather than a vassal or a dominion of any other country.
- Despite India’s declaration in 1949 to maintain full participation in the Commonwealth of Nations and to recognise the British Crown as the organization’s head, this has no bearing on India’s sovereignty.
- India, as a sovereign state, possesses the authority to either acquire foreign territory or relinquish a portion of its territory to a foreign state.
Socialist
- The 42nd Amendment to the Constitution, which was ratified in 1976, introduced the term “socialist” through the inclusion of certain Directive Principles of State Policy.
- Indian socialism is referred to as “democratic socialism” rather than “communistic socialism.” Democratic socialism is based on the idea of a “mixed economy,” in which the public and private sectors coexist.
- Communist socialism entails the nationalization of all production and distribution channels and the elimination of private property rights.
Secular
- The 42nd Constitutional Amendment Act of 1976 added this.
- The Supreme Court stated in 1974 that even though the Constitution did not specifically contain the term “secular state,” it is undeniable that the framers intended to create such a state.
- The constitution now includes Articles 25 through 28 that safeguard the fundamental right to freedom of religion.
- Positive idea of secularism: all religions, no matter how powerful, receive the same respect and assistance from the government.
Democratic
- The doctrine of popular sovereignty posits that the people possess ultimate power.
- Direct democracy: Referendum, Initiative, Recall, Plebiscite, and the people exercising their ultimate power (Switzerland).
- In an indirect democracy, the people’s elected representatives hold ultimate power. The Indian Constitution created a representative parliamentary democracy in which the legislature has final say over all government policies and acts.
Republic
- The doctrine of popular sovereignty posits that the people possess ultimate power.
- Direct democracy: Referendum, Initiative, Recall, Plebiscite, and the people exercising their ultimate power (Switzerland).
- In an indirect democracy, the people’s elected representatives hold ultimate power. According to the Indian Constitution, the legislature has final say over all government policies and actions, establishing a representative parliamentary democracy.
Political, social, and economic
- Social justice refers to treating all citizens equally without making any social distinctions based on factors such as caste, color, race, religion, or sex.
- Equality in the economy means that no one should be treated unfairly because of their financial situation. It entails eradicating glaring disparities in property, income, and wealth.
- Combining social and economic justice results in “distributive justice.”
- Political justice entails giving every person equal access to political positions, equal political rights, and an equal voice in the government.
Liberty
- Liberty is the absence of restrictions on an individual’s activities and the availability of opportunity for personal growth.
- Freedom of thought, speech, religion, and practice is vital to the smooth operation of the Indian democratic system.
- Liberty must be enjoyed within reasonable bounds and does not imply a “license” to do as one pleases.
Equality
- The denial of preferential treatment to any segment of the populace and the equitable offering of sufficient prospects to every person without any form of bias.
- Articles 14, 15, 16, 17, and 18 – civic equality.
- Article 326 ensures political equality by requiring adult suffrage for Lok Sabha and state assemblies elections and prohibiting exclusion based on race, religion, caste, or sexual orientation.
Fraternity
- It denotes a feeling of fraternity.
- The single citizenship system established by the Constitution fosters a sense of solidarity among citizens.
- Fraternity must guarantee the nation’s unity and integrity as well as each person’s dignity.
- integrity’ was added to the preamble by the 42nd Amendment to the Constitution (1976).
- Article 1: States have no power to withdraw from the Union as India is a Union of states.
Importance of the Preamble
- The Preamble encapsulates the fundamental political, moral, and religious ideals that form the foundation of the Constitution.
- Represents the hopes and objectives of the Constitution’s founding fathers.
- Sir Alladi Krishnaswami Iyer = Our Constitution’s Preamble embodies our long-held beliefs and dreams.
- K.M. Munshi: The “horoscope of our sovereign democratic republic” is found in the Preamble.
- “The Preamble is the most precious part of the Constitution,” said Pandit Thakur Das Bhargava. It serves as the Constitution’s central idea. In the Constitution, it is crucial. It is one of the Constitution’s jewels. It serves as a suitable benchmark for evaluating the Constitution’s value.
Preamble as part of the Constitution
- The Berubari Union case (1960) established that in cases where terms used in an article are ambiguous or capable of multiple meanings, the Preamble’s objectives may provide some assistance in interpretation. Additionally, the Supreme Court specifically stated that the Preamble is not a part of the Constitution.
- The Supreme Court reversed a 1973 decision in the Kesavananda Bharati case, stating that the Preamble is a crucial part of the Constitution and should be interpreted accordingly.
- In the 1995 LIC of India case, the Supreme Court once more ruled that the Preamble is a fundamental component of the Constitution.
- The Constituent Assembly likewise passed the Preamble, but it did so after the other provisions of the Constitution.
- The Preamble was added at the end to make sure it complied with the Constituent Assembly’s adopted version of the Constitution.
- Both non-enforceable and non-justiciable.
Preamble Amendability:
- The Supreme Court ruled in the Kesavananda Bharati case (1973) that the Preamble is a component of the Constitution.
- Preamble change is permissible as long as it doesn’t affect the “basic features” as defined by Article 368.
- The Preamble was only amended once, in 1976, when the 42nd Constitutional Amendment Act introduced three additional words: Socialist, Secular, and Integrity.
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