What is the Preamble of India Constitution?
The dictionary meaning of Preamble, if we consider it, is a preliminary or preparatory statement or an introduction in the form of speech or writing. Thus, A preamble is an introduction or exposition in a document to briefly explain its philosophies and objectives. The preamble of India constitution acts like the introduction that presents the intention of the framers, the core values, principles, and history behind the creation of the Constitution. It also gives an idea about the source of the Constitution, the date of its adoption, the nature of the Indian State, and statement of objectives.
Text of the Preamble
We, The People Of India, having solemnly resolved to constitute India into Sovereign, Socialist, Secular, Democratic, Republic and to secure 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.
History of the Preamble to Indian Constitution
Jawaharlal Nehru laid down the ideals behind setting up the Preamble in his Objectives Resolution which was then adopted by the Constituent Assembly on 22nd of January, 1947. The objective resolution moved that time by him was considered as the base of the Indian preamble. Despite being the key to the Constitution, it is not enforceable in a court. It states the objectives of the Constitution and helps with the interpretation of Articles when the language is ambiguous. The drafting committee of the Constituent Assembly was said to have adopted the expression "Sovereign Democratic Republic" instead of the expression mentioned in the Objective resolution that was "Sovereign Independent Republic"
Components of Preamble
It is through the preamble of India constitution that we get to know that the source of the power lies with the citizens of India.
Preamble proclaims India as a country to be a sovereign, socialist, secular and democratic republic.
Preamble has some objectives stated for the country like justice, liberty, and equality to all citizens. It also aims at promoting fraternity to maintain the integrity and unity of the country.
The Preamble also informed us about the date when it was adopted that is 26th of November, 1949.
Key words in the Preamble of India
The Preamble of the constitution meaning can essentially be understood using all the keywords that makeup the Preamble. They are as follows:
1) We, the People of India: This signifies that the real power resides in the people of India. They are the ones who will elect representatives to govern the country on behalf of the people.
2) Sovereign: The sovereign meaning in Indian Constitution implies that India as a country is not dependent on any external power and it is not the dominion of any other state. It is an independent state and has autonomous powers in conducting both its internal and external affairs. India can also acquire any foriegn territory or give away a part of its own to a foreign state.
3) Socialist: The term Socialist aims at achieving the socialist ends through democratic means. It favours a mixed economy with the co-existence of private and public sectors.
It holds faith in a mixed economy where both private and public sectors co-exist side by side. This term was an add on to the Preamble by the 42nd Amendment, 1976.
4) Secular: The term Secular means that all the religions coexist together in the country and are given equal importance, respect, protection and support by the State. This term was also included in the Preamble by 42nd Constitutional Amendment, 1976.
5) Democratic: This term intends to say that the Constitution establishes political, social, and economic democracy and provides directives for a representative government where the members will be chosen by the citizens of the country by means of voting. Periodic elections, universal adult franchise, independent judiciary, absence of discrimination of different grounds - all are the features of democracy in Indian polity.
6) Republic: The term Republic implies that the head of the state is elected by the people of the country i.e. the President of India is the head of the State who attains his position through an election procedure.
Understanding the Objectives of the Indian Constitution using the Preamble
The Constitution is the supreme law of the land that helps to maintain the integrity in the society while also promoting unity amongst the citizens to help with nation building. The main objective of the Constitution is to promote and nurture harmony throughout the country. These factors present in the preamble of India help to achieve these objectives:
1) Justice: It is crucial to maintain order in the society which can be done through laws laid down by the Constitution and provisions like Fundamental Rights and Directive Principles of State Policy to protect citizens of India. The three elements of justice include social, economic, and political justice.
Social Justice – This means that the Constitution aims at creating a society devoid of discrimination on the grounds of race, caste, colour, gender, religion, etc.
Economic Justice – This implies that no discrimination will occur in the basis of income, wealth and economic statusm Every person should be paid for equal work and position and everyone should get the opportunity to earn their living.
Political Justice – Political Justice implies that all the citizens have equal, free and fair rights and will not be discriminated against to participate in political opportunities.
2) Equality: The term ‘Equality' implies that no section of the society will be allotted any special kind of privilege and everyone will be given equal opportunities for everything without any discrimination. It also means that all citizens are equal before the law.
3) Liberty: The word ‘Liberty’ intends that all the people are free to choose a path of their lives, be it political opinions and behaviour in the society. This means that a person or citizen of the country can do anything but under the constraints of the law.
4) Fraternity: The word Fraternity implies brotherhood and an emotional bond with the nation and its citizens. It helps to nurture unity and dignity in the country.
Significance of The Preamble
The significance of the preamble can be seen as follows by understanding different interpretations of the eminent personalities about the preamble:
Conclusion
It is through the Preamble that one can understand the different provisions and statues in the Constitution and it acts as a great tool for interpretation of all of them. This is why is the preamble called the soul of the Indian constitution and has more crucial significance than just being the introduction to the Constitution. It is important to note that it is the introduction of the Constitution but it was written after the completion of the constitution and thus consists of the crux of the entire constitution.
FAQs on The Preamble - An Integral Part of the Constitution
1. What is the Preamble to the Indian Constitution and what is its primary purpose?
The Preamble is the introductory statement to the Indian Constitution that sets out its guiding philosophy, principles, and objectives. Its primary purpose is to declare India as a Sovereign, Socialist, Secular, and Democratic Republic and to secure for all its citizens justice, liberty, equality, and fraternity. It also states the source of the Constitution's authority, which is 'WE, THE PEOPLE OF INDIA'.
2. Is the Preamble considered an integral part of the Constitution according to the Supreme Court?
Yes, the Supreme Court's stance has evolved to firmly establish the Preamble as an integral part of the Constitution. The key landmark cases are:
- In the Berubari Union case (1960), the Court initially stated that the Preamble was not a part of the Constitution.
- However, this was famously overturned in the Kesavananda Bharati case (1973), where the Supreme Court held that the Preamble is an integral part of the Constitution and can be amended, provided the 'basic structure' is not altered.
- This was reaffirmed in the LIC of India case (1995).
3. Has the Preamble of the Indian Constitution ever been amended?
Yes, the Preamble has been amended only once in its history. This was done through the 42nd Constitutional Amendment Act of 1976. This amendment introduced three new words to the Preamble: 'Socialist', 'Secular', and 'Integrity'. The phrase 'unity of the Nation' was also changed to 'unity and integrity of the Nation'.
4. What is the meaning of the core principles like 'Sovereign', 'Socialist', and 'Secular' in the Preamble?
These terms define the nature of the Indian state:
- Sovereign: This implies that India is an independent nation, free from any external control or foreign power. It can legislate on any subject and manage its own internal and external affairs.
- Socialist: This refers to the goal of achieving social and economic equality. It signifies a commitment to democratic socialism, aiming to end poverty, ignorance, disease, and inequality of opportunity.
- Secular: This means that the state does not have an official religion. It treats all religions with equal respect and protection, and citizens are free to practice any religion of their choice.
5. Why are the objectives of 'Liberty, Equality, and Fraternity' considered a trinity in the Preamble?
The objectives of Liberty, Equality, and Fraternity are considered a 'trinity' because they are deeply interconnected and cannot exist in isolation from one another. As explained by Dr. B.R. Ambedkar, liberty without equality would lead to the domination of the few over the many. Equality without liberty would suppress individual initiative. Without fraternity, liberty and equality could not become a natural course of things. Together, they form the foundation for a just and democratic way of life.
6. If the Preamble is not directly enforceable in a court of law, what is its practical importance?
Despite being non-justiciable (not enforceable in court), the Preamble holds immense practical importance. It serves several critical functions:
- It provides a key to interpretation for the judiciary to understand the intent and philosophy behind the constitutional provisions, especially in ambiguous cases.
- It embodies the 'basic structure' of the Constitution, which cannot be altered or destroyed by any amendment.
- It acts as a moral and political compass, setting a benchmark for the government to evaluate its laws and actions against the founding ideals of the nation.
7. What is the significance of the date '26th day of November, 1949' mentioned in the Preamble?
The date, 26th November 1949, is highly significant because it is the day on which the Constituent Assembly of India adopted, enacted, and gave the Constitution to the nation. While the Constitution was adopted on this day, most of its provisions came into effect on 26th January 1950. To commemorate the adoption of the Constitution, November 26th is celebrated as Constitution Day (or Samvidhan Divas) in India.
