4.

Preamble of the Constitution

The American Constitution was the first to begin with preamble many
countries including India followed this practice. The term ‘premble’  refers to
the introduction or  preface to the constitution. It Contains the Samreen or
essence of the constitution. N.A. Palki wala, and eminent jurist and
constitutional expert called the Preamble as the ‘identity card of the
constitution’.

The preamble to the indian constitution is based on the ‘Objectives

Resolution’. Drafted and moved by Pandit Nehru, and adopted by the
constituent Assembly. It has been amended by the 42nd constitution
Assembly. It has been amended by the 42th constitutional Amendment Act
(1976).which added three new words-socialist, secular and integrity.

Text of the Preamble    

The preamble in its presnent from reads.

We The People of India, having Into a Sovereign Societist secular Domestic

Republic And to secure to all its citizens.

Justice,  social economic and political;

liberty of thought expression, belief,faith and workship;

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-sixthy day of november,1949, do

Herbey     adopt, enact  and give to ourselves this constitution. 

Ingredients of the Preamble

 The  Preamble river fore integrates of components.

1. Source  of authority of the constitution the Preamble state that the

constitution derive into authority from the people of India. 

2. Nature of Indian state it declared India to be of a sovereign in society,

Secular democratic and Republican polity.

3. Objectives Of the Constitution it specifies justice Liberty equality and

fraternity as a objectives.

4. Date  of adoption of the constitution it stipulates November 26 1949 as the

date.

Key Words in the Preamble 

Setting keywords- sovereign,

socialist,secular,Democratic,republic,justice,liberty, Equitility and Fraternity-
are explained as follow:

1. Sovereign 
 

The word Sovereign  Emphasis that India is neither a dependency in law and
Dominion of any other Nation but and independence day there  no authority
above it, and it is free to conduct its own affair (internal and external).

 True in 1949 India declared the constitution of her full membership of the
Commonwealth of nations and accepted the British crown as the head of the
Commonwealth, this extra -  constitutional declaration does not effect India as
Sovereignty in any manner.  Further India's membership of the  United Nation
organisation Uno also in no way the statutes limitation on sovereignty.

Being a sovereign state, india can either acquire a forign territory or cede a
part of territory in favour of a foregin state.

2. Socialist  

Even before the term was added by  the 42nd Amendent in 1976, the
constitution had a socialist  Content in the palm of certain Directive principles
of State Policy. another word what was Hitereto implicit In the constitution
has now been made implicit. Moreover, the congress party Itself adopted a
resolution to establish a socialistic pattern of society’ in its Avadi Fashion as
early as in 1955 and took measures accordingly.

Notably, the Indian brand of socialism is a domestic socialism and not

communist socialism also known as state socialism  which involves the
nationalistion of all means of production and distribution and the abolisation
of private property. Democratic socialism on the other hand whole state in a
mixed economy where both public and private sector coexist side by side. As
the Supreme Court says democratic socialism aims to end poverty ignorance
disease and equality of opportunity. Indian socialism is a blend of marxism
and ganadian socialism.
The  new economic policy (1991) of liberalization, privatisation and
golbalisation has,however, diluted the socialist credentials of indian state.

3. Secular    

The term ‘secular’ Two was added by the 42nd Constitutional Amendment Act
of 1976 however as the supreme court said in 1974 although the word secular
state were not not expressly mentioned in the constitutional there can be no
doubt that constitution makers wanted to establish such a state and according
to the article 25 to 28 guaranteeing the fundamental right to freedom of
religion have been included in the constitution.

The  Indian Constitution is the positive concept of secularism i.e. all religion in
our country respective of their strength and support from the state. 

4. Democratic 

A democratic polity as stipulated in the preamble, is based on the doctrine of

popular 

Sovereignty That is possession of Supreme Power by the people.

Democracy is of to types- Direct and indirect. indirect democracy the people

exercise Supreme Power directly as is the case in Switzerland.  There are four
devices Of direct democracy, namely referendum, initiative, recall and
plebiscite. In Direct democracyOn the other hand the represent a taves elected
by the people exercise the Supreme Power and thus  carry on the government
and make the law.  these type of democracy is of two kinds parliamentary and
presidential. 
Indian Constitution  provides  for representative parliamentary democracy
under which executive is responsible to the Legislature for all its policies and
actions.unversal adult franchise, Periodic elections, rule of law, independence
of judiciary, and  absence Of discrimination On certainGrounds of of the
manifestation of the democratic character of the Indian polity.

 the term democratic is used in the Preamble in the border impressing not
only political democracy but also social and economic democracy.

The dimension was stressed by Dr Ambedkar in his concluding speech  in the

constituent assembly on November 25, 1949, in the following way.

“Political democracy  cannot last unless there lies at the base of it social
democracy. what does social Democracy mean? it means a way of life which
recognises Liberty equality and fraternity. The principles of Liberty equality
and fraternity are not to be treated as separate item in a Trinity. They  form a
union of Trinity in the sense that to  divorced  one from the other is to defeat
the very purpose of democracy. Liberty cannot be divorced from equality,
equality cannot be divorced from Liberty”. Nor can  liberty and equality beat
divorce from fraternity. without equality Liberty without produce the
supremacy  of the few over the money equality without Liberty would kill
individual initiative.

In the same context,  the supreme court observed in 1997 that: ‘the
constitution envision to establish an egalitarian social order rendering to
every citizen Social big and and political justice in a social and economic
democracy of the Bharat Republic.
5. Republic 

The democratic political and be classified into two categories- monarchy  and
Republic.

In a monarchy, The head of the state (usually king or queen) enjoys a

hereditary position that is He comes into office thought succession. e.g.
Britain, on the other hand the head of the state is always elected directly or
indirectly for a first period e.g. USA.

Therefore,  the term Republic in Preamble indicates that India has elected had
called the president. he is elected indirectly for a fixed period of 5 year.

Republic also  means  two more thinks one vsesting Political  soverignty In the
people and not in a single individual like a King;  second the  absence Of any
privileged class and hence all public offices being opened to every citizen
without any discrimination.

6. Justice 

The term justice In the Preamble embraces three distinct form- social,
economical, political, secured through various provisions of fundamental
Rights and directive principles.

Social justice denotes the equal Treatment of all citizens without any social
distinction based on caste colour race religion,sex  and so on. it means absence
of being extended to any particular section of the society and improvement in
the condition of backward classes SCs, STs and OBCs and women.
 Economic  justice denotes the non- discrimination between people on the
basis of economic factors. it involves the elimination of glaring inequalities in
wealth,Income and property Social Justice and economic justice denote what
is known as distributive justice.

The idea of Justice- economic and political- has been taken from the Russian
Revolution (1917).

7. Liberty

The term Liberty means the absence of restraints on The activities of

individuals and at the same time providing opportunities for the development
of individual personalities.

The Preamble Secures to all Citizen of  Indian Liberty of thought, expression,
belief, faith, and workship, through their fundamental Rights, enforceable in
court of law,in case of violation.

Liberty as elaboarded In the Preamble is very essential for the successful

functioning of the Indian  democratic system.  However, Liberty does not
mean ‘license’ to do what one likes and has to be enjoyed within the
limitations mentioned in the constitution itselfs. In brief, the Liberty
conceived by the preamble or fundamental Rights is not absolute but
qualified.

 
The ideals of liberty, equality and fraternity in our preamble have been taken
from french Revolution (1789-1799).

8.Equality  

The term equity means the absence of special Privileges to any section of the
society. and the provision of adequate opportunities for all individual without
any discrimination.

The preamble Secure to all citizens of Indian equality of status and

opportunity. this provision impresses three dimension of equality civil
political and economic.

 The  Following provisions of the chapter on Fundamental Rights ensure civic

euality:

Equality before the law (Article 14).

Prohibition of discrimination on grounds of religion,race, caste,sex or place of

birth (Article 15).

Equality of opportunity in matters of pubic employment (Article 16).

Abolition of untouchablity. (Article 17).

Abolition of titles  (Article 18).

There are two provision in the constitution that's seek  to achieve political
equality. One no  person is to be declared Ineligible  for inclusion in electoral
Roll on ground of religion, race caste or sex  article 325. Two,  elections
Loksabha and there is state assemblies to be basis of adult suffering (article
326). 

The directive principles of State Policy (article 39) secures two men and
women equal right to and adequate means of livelihood and equal pay for
equal work.

9. Fraternity 

Fraternity means a sense of brotherhood the constitution remote place 

feeling of  fraternity by the system Single citizenship. also the fundamental
duties (Article 51-A) say that it shall be the duty of every citizen of Indian to
promote Harry money and The Spirit Of common brotherhood amongst all the
people of Indian transcending religious, linguistic, regional for sectional
diversities. 

The preamble declares that fraternity has to assure two things -the dignity of
the individual and the unity and integrity of the nation. The word ‘integrity
has been added to the preamble by the 42nd constitution Amendment (1976).

According  to K.M. Munshi, a of the Drafting committee of the constituent

Assembly, the phrase ‘dignity of the individual’. Signifies that the constitution
not only ensure material betterment and maintain a democratic set-up,but,
but that it also recognise that the personality of every individual is sacred.
This is high-lighted throught some of the provision of the Fundamental Rights
and Directive principles of state policy,which ensure the dignity of
individules . Further the fundamental duties (Article-51) also.The dignity of
women by stating that it shall The duty e of every citizen off India to renounce
practices derogatory to the dignity of women , and also makes it the duty of
every citizen of india to uphold and protect the sovereignty, unity and
integrity of india.   

    

The phrase ‘unity and integrity of the nation’ embraces both the Psychological
and territorial dimensions of national integration. Article 1 of the Constitution
describes India as a union of state to make it clear that the state have no right
to seeds from the union implying the Indestructible nature of India Union. It
aims at overcoming hindrances to national Integration like communism,
religionlism, Caste system linguism, secessionism and so on.

Significance of the Preamble

The Preamble embodies the basic philosophy and fundamental values -

Political moral and religious-On which the constitution based. IT contain the
Grand and noble vision of the constituent assembly,  and reflect the dream and
aspiration of founding feathers of the constitution. in the words sir Alladi
krishnaswami lyer, a member of constituent assembly who played the
significant role in making the constitution. The  Preamble to to our
constitution Express what we had thought or dream so long.

According to the K M Munshi a member of drafting committee of the

constituent assembly, the preamble is the ‘horoscope of our sovereign
democratic republic.

Pandit Thakur Das Bhargava, another member of the constituent

assembly,summed up the importance of the preamble in the following word:
The Preamble is the most precious part of the constitution. It is the soul of the
constitution. It is a jwel set in the constitution. It is a proper yardstick with 
which one can measure the worth of the constitution.
Sir Ernest barker, a distinguished English political wisdom of the authors of
the preamble. He described the preamble as the ‘key note’ to the constitution.
He was moved by the text of the preamble that he quoted it at the opening of
his popular book,principles of social and political theory (1951).

M. Hidayatullah, Former Chief Justice of India,Observed Temple resembles the

declaration of the independence Of the United State of America, What is more
than Declaration.  it is the soul of our constitution, Which Lays down the
pattern power political society. it contain a solemann resolve which nothing
but a revolution can alter.

Preamble as Part of the Constitution      

One of the controversies about the Preamble is as together it is path of the

Constitution or not. 

 In the berubari union case 1960,  the supreme court said that the Preamble
shows the general purpose behind the several provisions in the constitution. 
And it thus a key to the mind of the makers Of the constitution.  Further, 
where the term used in any e article are ambiguous or Capable of more than
one meaning, some assistant at interpretation may be taken from the
objectives enshrined in the preamble, the supreme court specifically opined
the preamble is not a part of the constitution.

In the keshavananda Bharati case 1973 the supreme court rejected the earlier
opinion and held the Preamble is a part of the Constitution it observed that
the Preamble of The extreme importance at the constitution should be read
and interpreted in the light of the Grand and noble fission expressed in the
Preamble in the LIC of India case 1995 also the supreme court again held that
the Preamble is an integral part of the constitution.

 Like  any other part of the constitution, the Preamble was also enacted by the
constituent assembly but after the rest of Constitution was already in  enacted.
The reason for inserting The Preamble at the end was to ensure that it was
income furmity with the constitution as adopted by the Constituent assembly.
while forward the Preamble for votes, The president of the constituent
assembly said the question is the Preamble is stands part of the constitution
the motion was then adopted. hence the current opinion held by the supreme
court that the Preamble is a part of the  constitution, is consonance with the
opinion of the founding fathers of the constitution.            

 However do things should be noted;

1. The  Preamble is neither a source of power two legislature no prohibition

upon the power of Legislature.

2. It is  non - justiciable, that is, Its provision I am not impossible Court of law.

Amenability of the Preamble

The question as to whether the Preamble can be amended  under Article 368
of the Constitution arrows for the first time in the history Keshavnand Bharti
case (1973). It was urged  that the Preamble cannot be amended as it is not a
part of the constitution. the petitioner contented that the amending power in
the article 368 cannot we used to destroy or damage the basic element of the
fundamental features of the constitution, which are enshrined in the
Preamble.

The supreme court however held that  the Preamble is the part of the
constitution the court stated  that the opinion standard buy it in the Dhruva
reunion 1960 in this regard was wrong, handheld that the Preamble can be
amended is done to basic features. another word the court had that the basic
element of the fundamental feature of the Constitution as contained in the
Preamble cannot be altered by an amendment under Article 368.

The Preamble has been amended only  once so far,  in 1976 by the 42nd
constitutional Amendment Act, which has added three new words- socialist,
secular and integrity- to the Preamble. This  amendment was held to be valid.

Notes and Reference 

1. Moved by Nehru 1 December 1346  and adapted by the constitution

assembly on January 22 1947.

2. Till the passage of the indian Independence Act,1947, India was

dependency Colony of the British Empire. from August 15 1947 2 January 26
1950. India's political status was that of a Dominion in the British
Commonwealth of nations. India cease to BA British  Dominion on January 26
1950, by declaring herself a sovereign republic. However, pakistan continued
to be a british dominion until 1956.
3. To dispel the lurking fears of some members of the constituent assembly,
pandit nehru  said in 1949 thus: we took pledge long ago to achieve purna
swaraj. we  have achieved it. Does a nation lose its independence by  an
alliance with another country? Alliance normally means commitments. The
free association of the sovereign commonwealth of nations does not involve
such communities. Its very strength lies in its 

Flexibility and it's complete  freedom. It is well known that  if it is open to any
member nation to go out of the the Commonwealth if it is so chooses’. He
further stated,It is  arrangement by  free will, To be terminated by free will.

4. India become a member of the UNO in 1945.

5.  The resolution sad in other to realise The object of Congress and to further
the objective stated In the Preamble And Directive principles of state Policy of
the Constitution of India Planning should take place with due to the
establishment of a Socialistic Pattern of society there the principal means of
production are under social Ownership or control, Production in
progressively speeded up and there is equitable distribution of the national
wealth.

6. The Prime Minister, indira gandhi said we have always said that we have
our ownBrand of socialism. we will Nationalised the sector where we feel the
necessity. just  nationalisation is not a type of socialism.

7.  GB Pant University of Agriculture and Technology vs State of Uttar Pradesh

(2000).

8. Nakhra V Union of India 1983.

9.  on the basis of the attitude of the state towards religion three type of state
can be conceived of.

a. Athistic state: The state is anti religion and hence condemns all regions.

b. Theocratic state: The state is true religion and hence declared one
particular religion as the state religion as for example Bangladesh Burma Sri
Lanka Pakistan and so on.

c. secular state: The state is neutral in the matter of religion and hence does
not hold any particular religion as the state religion as for example us and
India.  

G.S. pande,constitutional Law of india, Allahabad law agency 8th edition,2002,

P.222.

10. The then Union Law Minister H.R. Gokhale defined this concept as.
there will be freedom Liberty of faith and worship whatever religion you
belong to. the state will not have anything to do as a state with any religion
accepted to treat every religion is equal but the state will not have any
foundation of religion similarly PB gajendragadkar a former Chief Justice of
India define secularism as in the Indian Constitution in the following being the
state does not owe loyalty to any particular religion as such it is not irreligious
on anti religious, it gives equal freedom to all religious.  

11. The term democracy is derived from two Greek words namely demo and
pedia meaning people and rule respectively.
12. Referendum is a procedure Where bye a proposed legislation is referred to
the electorate for settlement by their direct votes.

Initiative in method by means of which the people can propose a bill to the
legislator for  enhancement.

Recall is a method by means of which the both can remove a representative or

an officer before the expiry of his term when he fails to discharge his duties
properly.

Plebiscite Is a method of obtaining  the opinion of people on any issue of

public importance. it is generally used to solve the territorial dispute.

12a. B. Shiva Rao, The framing of Indian Constitution collect documents

volume IV,P.44.

13. He said that the Preamble of the Indian Constitution states in a brief and
Pithy from the argument of much of the book and it may accordingly serve as
a keynote.

14. He wrote: ‘I am all the more moved to quote it because I am proud that the
people of India should begin their independent life bye subscribing to the
principles of a political tradition which we invest coronavirus term but which
is now something more than the western. 

15. M Hidayatullah, Democracy in India and the judicial process, p.51.

16. Reference by the president Of India under article 143 of the Constitution
on the implementation of the indo-pakistan agreement relating to beruberry
reunion Ian and exchange of Enclave 1960. 

17. Kesavananda Bharati V state of Kerala 1973.

18.  LIC of India v Consumer education and research centre 1995

19.  constituent assembly debates volume 10,p.450-456.

20. The court observed the Edifice of our constitution is based upon the basic
elements mentioned in the Preamble. If  any of these element are removed the
structure will not survive  and it will not the same constitution or it cannot
maintain its identity. and amending power cannot be interpret so as to
confirm power of the Parliament to take away any of these fundamental and
basic characteristics of the policy.