Lets start to read the preamble of the Indian Constitution.

The Preamble of the Indian Constitution

 

 

Introduction

The Preamble indicates the source from which the constitution comes viz. the People of India. It is a sort of introduction to the statute and many a times very helpful to understand the policy and legislative intent. It expresses “what we had thought or dreamt for so long”. The constitution makers gave to the preamble “the place of pride”. In re Berubari case, the Supreme Court has said that the Preamble to the Constitution is a key to open the mind of the makers, and shows the general purpose for which they made the several provisions in the Constitution. 

Meaning 

The Preamble to an act sets out the main objectives which the legislation is intended to achieve. The preamble declares clearly that it is the people of India who have adopted, enacted and given to themselves the Constitution. It declares that the source of authority under the Constitution is the People of India and there is no subordination to any external authority. The Preamble to the Constitution declares India to be a “Sovereign Socialist Secular Democratic Republic”.   

The Preamble to the Indian Constitution reads as under:

“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 to give to  Ourselves this Constitution.”

The Purpose of the preamble of the Indian Constitution

The Preamble serves the following purposes :

1. It indicates the source from which the Constitution comes, viz., the people of India.
2. It contains the enacting clause which brings into force the Constitution.
3. It declares the great rights and freedoms which the people of India intended to secure to all its citizens and the basic type of government and polity which was to be established.

Objectives of the preamble of the Indian Constitution

The following are the objectives which the Preamble secure to every citizen :-

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.

Features/Characteristics of the preamble of the Indian Constitution

The following are the characteristics of the Preamble of the Indian Constitution :-

1. Sovereign – Preamble to the Constitution ensures that India is a sovereign State. A Sovereign State is one who exercises the power without limitation. India has full authority in all its internal and external matters and has not to bow to any outside superior power. Sovereignty in India vests in the people of India. The binding force of the Constitution is the sovereign will of the people of India.

2. Democracy – Preamble of the Indian Constitution clearly shows that India is a democratic country. It means ‘government by the people’ as against monarchy or dictatorship. According to Abraham Lincoln, democracy means “Government of the people, by the people, and for the people. India has adopted “representative parliamentary democracy” in which all citizens of India who have attained the age of 18 years have the right to vote to elect them as representative. Democracy implies not only political democracy i.e. one man, one vote but also social and economic democracy i.e. welfare state.

3. Republic – The preamble declares that India is a republic country. It implies that there is no hereditary ruler and the head of the state is elected by the people for a fixed term. He is usually called the President of the Republic. Cooley said, “A republican form of government is a government by representatives chosen by the people”.

4. Socialist – Socialism is implicit in the preamble and directive principles of the Constitution. the word ‘socialism’ has no definite meaning. Generally, the term implies a system of government in which the means of production wholly or partially controlled by the State. India’s socialism is a democratic socialism and not a communistic socialism. For this purpose, the Preamble has combined both the words, socialism and democracy in the Preamble.

5. Secular – Secularism means a state which does not recognize any religion as a state religion. It treats all religion equally. The concept of secularism was already implicit in the Constitution, “liberty of …. Belief, faith and worship”. Article 25 to 28 of the Constitution guarantees to every person the freedom of conscience and the right to profess, practice and propagate religion.
   1. In St. Xavier College vs. State of Gujarat AIR 1974 SC 1389, the Supreme Court has said, “although the word ‘secular State’ are not expressly mentioned in the Constitution but there can be no doubt that Constitution-makers wanted to establish such a State” and accordingly Article 25 to 28 have been included in the Constitution.
   2. In S.R. Bommai vs. Union of India (1994) SCC 1, the Supreme Court has held that “Secularism is the basic feature of the Constitution.”
   3. In Aruna Roy vs. Union of India AIR 2003 SC 3176, the Supreme Court has held that secularism has a positive meaning that is developing, understanding and respect towards different religions.

6. Justice – The essence of justice is the attainment of the common good. It embraces the entire social, economic and political sphere of human life.

7. Liberty – It usually means the absence of interference in individual freedom by the government. Liberty in the Preamble to our Constitution does not mean mere absence of restraint or domination. It is a positive concept of the right to liberty of thought, expression, belief, faith and worship.

8. Equality – Liberty and equality are complementary. It signifies equality of status and of opportunity which implies the availability of opportunity to everyone to develop his or her capacities.

9. Fraternity – It means a sense of common brotherhood in all Indians. It is the principle which gives unity and solidarity to social life. The ideals of justice, liberty and equality are relevant and meaningful only inasmuch as these promote a common feeling of brotherhood.

10. Unity and Integrity of the Nation – In order to safeguard the dignity of the individual, we need to build the nation and protect its unity and integrity. Without the unity and integrity of the nation, we could not succeed in our efforts at socio-economic development and could not hope to preserve either democracy or independence of the country.

Can Preamble be amended under Article 368 

The question was raised for the first time before the Supreme Court in the historic case of Keshavananda Bharti vs. State of Kerala AIR 1973 SC 1461. In that case the Attorney-General argued that by the virtue of the amending power in Article 368 even the preamble can be amended. It was said that since the Preamble was a part of the Constitution it could be amended like any other provisions of the Constitution.

The petitioners, however, contended that the amending power in Article 368 is limited. Preamble creates an implied limitation on the power of amendment. The Preamble contains the basic elements or the fundamental features of our Constitution. Consequently, amending power cannot be used so as to destroy or damage these basic features mentioned in the Preamble. It was urged that Preamble cannot be amended as it is not a part of the Constitution. The Supreme Court, however, held that the Preamble is a part of the Constitution and, therefore, on this point the Berubari opinion was wrong.

On the question whether the Preamble can be amended the majority held that since the Preamble is the part of the Constitution it can be amended but subject to this condition that the “basic features” in the Preamble cannot be amended.

The Court said, “the edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed the structure will not survive and it will not be the same Constitution or it cannot maintain its identity. The Preamble declares that the people of India resolved to constitute their country into a Sovereign Democratic Republic. No one can suggest that these words and expressions are ambiguous in any manner.

An amending power cannot be interpreted so as to confer power on the Parliament to take away any of these fundamental and basic characteristics of policy.” It is submitted that this view of the court is correct. The amending power cannot change the Constitution in such a way that it ceases to be a ‘Sovereign Democratic Republic’. It can only be done by wrecking Constitution.

I hope guys you liked this post on the preamble of the Indian Constitution.

 

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