◆ It contains the summary or essence of the Constitution.
◆ American Constitution was the first to begin with Preamble.
◆ Based on ‘Objectives Resolution’, drafted & moved by Pandit Nehru, & adopted by Constituent Assembly.
Preamble Of Indian Constitution
WE, THE PEOPLE OF INDIA, having sol-emnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, RE-PUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith & worship;
EQUALITY of status & of opportunity; and to pro-mote among them all;
FRATERNITY assuring the dignity of the indi-vidual & the unity & integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY, this twenty-sixth day of November, 1949, DO HEREBY ADOPT, EN-ACT & GIVE TO OURSELVES THIS CONSTITUTION.
◆ Components:-
1. Source of authority of the Constitution:- The people of India, the ultimate Sovereign.
2. Nature of Indian State:- Declares India to be of a Sovereign, Socialist, Secular, Democratic & Republican Polity.
3. Objectives of Constitution:- Specifies justice, liberty, equality & fraternity as the objectives.
4. Date of adoption of Constitution:- November 26, 1949.
◆ Key Words:-
1. Sovereign:- Implies that India is neither a dependency nor a dominion of any other nation.
There is no authority above it & it is free to con-duct its own affairs (both internal & external).
2. Socialist:- The term was added by 42nd Amend-ment in 1976. The word ‘socialism’ is vague, and Indian Constitution does not envisage socialism which involves ‘nationalisation’ of all means of production & the abolition of private property. Our Supreme Court (SC) has observed that its principal aim is to eliminate inequal-ity of income & status & standards of life, & to provide a decent standard of life to the working people. It envisages a ‘mixed economy’ but aims at offering ‘equal opportunity’ to all.
3. Secular:- Added by 42nd Amendment Act, 1976. The Indian Constitution embodies the five con-cept of secularism i.e all religions in our country have the same status & support from the State.
4. Democratic:- Based on doctrine of popular sovereign i.e possession of supreme power by the people.
5. Republic:- Republic means India has an elected head called the President. He is elected indirectly for a fixed period of 5 years.
6. Justice:-
(i) Social:- Equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex & so on.
(ii) Economic:- Non-discrimination between the people on the basis of economic factors.
(iii) Political:- All citizens should have equal politi-cal rights, equal access to all political offices & equal voice in the government. Social Justice & Economic Justice is known as Distributive Justice. The ideals of justice-social, economic & political has been taken from the Russian Revolution (1917).
7. Liberty:- Means absence of restraints on the activities of individuals. However, liberty does not means ‘license’ to do what one likes, & has to be enjoyed within the limitations mentioned in the Constitution.
The ideals of liberty, equality & fraternity have been taken from the French Revolution (1789-1799).
8. Equality:- Absence of special privileges to any section of society. It secures to all citizens equality of status & opportunity.
9. Fraternity:- Means a sense of brotherhood. Constitution promotes feeling of fraternity by system of single citizenship. Fraternity has to assure 2 things- the dignity of the individual & the unity & integrity of the nation. The word ‘integrity’ has been added to Preamble by 42nd Constitutional Amendment Act, 1976.
Preamble as part of the Constitution
● In the Berubari Union Case (1960), the Supreme Court said that the Preamble is not part of the Constitution.
● In the Kesavananda Bharati Case, 1973, the SC rejected earlier opinion & held Preamble is part of Constitution.
● In the LIC of India Case, 1995 SC held that Preamble is an integral part of the Constitution.
Note:-
– Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
– It is non-justiciable, that is, provisions are not enforceable in courts of law.
Can be amended or Not?
● In Kesavananda Bharati Case, 1973 SC held that the basic elements 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 42nd Amendment Act & added 3 new words-Socialist, Secular and Integrity to the Preamble
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