PREAMBLE

PREAMBLE

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

The preamble refers to the preface to the Constitution and is based on the Objectives resolution (1946) moved by Pandit Nehru in the Constituent Assembly. The Preamble contains a summary of the Constitution.

Keywords in Preamble

1. SOVEREIGN: Implies that India is neither a dependency nor a dominion of any other nation. There is no authority above it, and it’s free to conduct its own affairs. Being a sovereign state, India can either acquire foreign territory or cede a part of its territory.
   • Membership of United Nations: Does not affect India’s sovereignty, and India can cut off this association at her will.
   • UNHCR Intervention in CAA, 2019: Recently, the UN High Commissioner for Human Rights filed an application seeking to intervene in a petition (‘Deb Mukharji & Ors vs. Union of India & Ors’) challenging the constitutionality of the Citizenship (Amendment) Act, 2019 (CAA) in the Supreme Court of India.
   • Foreign Territories: India acquired several foreign territories such as Dadra and Nagar Haveli, Goa, Daman and Diu, Puducherry, and Sikkim since the commencement of the Constitution.
   • 100th Amendment Act 2015: Under which India and Bangladesh exchanged territories. Hence, India ceded its territory in this case.
2. SOCIALIST: Indian socialism is democratic socialism, not communistic socialism. Here both public and private sectors operate, and it has a mixed economy. Indian Socialism is a blend of Marxism and Gandhism. This term was added by the 42nd amendment in 1976 to convey that the government stands with the poor.
   • Decision of People: Social and economic matters must be decided by the people themselves according to time and circumstances.
   • Respect People’s Liberty: Mentioning of the nature of socio-economic conditions would take away the liberty of people to decide on this aspect.
   • Uphold Democracy: It cannot be laid down in the Constitution itself, as it will negatively affect democracy altogether.
   • Changing Demands and Circumstances: It is perfectly possible today, for the majority of people to hold that the socialist organization of society is better than the capitalist organization of society.
3. SECULAR: The term means that all the religions in India will get equal respect, protection, and support from the state. The term was added by the 42nd amendment in 1976.
   • Support from State: The government has given subsidies for Haj Yatra and also provided facilities for Amarnath Yatra.
   • Equal Respect: Every religion has the liberty to celebrate functions like Eid, Diwali, Christmas, Guru Nanak Jayanti, etc.
   • Public Holidays: Given on all major religious festivals.
4. DEMOCRATIC: The term implies that the Constitution of India has an established form of government which derives its authority from the will of the people expressed in an election. Democratic in the Preamble means not only political but also social and economic democracy.
   • Political Democracy: Political power of the state is equally shared by citizens.
   • Social Democracy: It means maintaining a free market system with regulations to take care of the welfare needs of the citizens.
   • Economic Democracy: Everyone who contributes to production is entitled to have their share of wages and allowances.
5. REPUBLIC: Republic implies political sovereignty lies with the people. The President of India is the elected head of the state. It implies the absence of any privileged class, and public offices are open to every citizen without discrimination.
   • Political Sovereignty with People: Every 5 years, the head of the state is indirectly elected by those who are chosen by people.
   • Contest to President’s Office: Anyone with pre-specified qualifications, irrespective of class and caste, can contest for the President’s Office. It is not hereditary.
6. JUSTICE: Comprises three elements – social, economic, and political justice.
   • Social Justice: Denotes the equal treatment of all citizens without any social distinction based on caste, color, race, religion, sex, etc.
   • Economic Justice: Ensures no discrimination based on wealth, income, or economic status.
   • Political Justice: Implies equal political rights to all without discrimination. Universal Adult Franchise allows every citizen to vote and contest in elections.
7. LIBERTY: Implies the absence of restraints on the activities of individuals, providing opportunities for individual development. The Preamble ensures liberty of thought, expression, belief, faith, and worship.
   • Liberty of Thought: One can think freely.
   • Liberty of Expression: One can express their thoughts.
   • Liberty of Belief: A feeling that something/someone is true or morally right.
   • Liberty of Faith: One can have faith in any religion or none at all.
   • Liberty of Worship: One can worship anything, anyone, or choose not to.

1. EQUALITY: Equality means the absence of special privileges to any section of the society.
   • Civic equality: Equal rights and freedoms ensured by Fundamental rights.
   • Political equality: Equal rights to vote and free speech.
   • Equality of opportunity: Economic equality secured by Article 39.
2. FRATERNITY: Implies a feeling of brotherhood among citizens, assuring the dignity of the individual and unity of the nation.

Features of Preamble

• Source of authority: Constitution derives its authority from the people of India.
• Nature of Indian State: Declares India to be a Sovereign, Socialist, Secular, Democratic, and Republican polity.
• Objectives of the Constitution: Specifies Justice, Liberty, Equality, and Fraternity.
• Date of enactment: November 26, 1949.

How Preamble helps in interpretation of Constitution?

• Keshavananda Bharati case, 1973: Supreme Court held that the preamble can be used to interpret provisions of the Constitution.
• Ambiguous words: Reference to the preamble can clarify ambiguities.
• Guiding Light: Acts as a source of interpretation for statutes framed by the legislature.
• Fundamental Rights: Majority of Fundamental Rights are based on principles in the preamble.

Utility/Importance of Preamble

• Backbone of Principles: Serves as the backbone for India’s foundational principles.
• Lighthouse for Laws: Integral in law-making.
• Type of polity: Declares the type of polity to be created.
• Source of the Constitution: Highlights that the Constitution derives from the People of India.

Status & Amendments to Preamble

1. Status of Preamble
   • Berubari Union Case, 1960: Preamble cannot be considered enforceable in court.
   • Keshavananda Bharati Case, 1973: Supreme Court ruled preamble as part of the Constitution.
   • LIC of India case, 1995: Supreme Court held that the Preamble is part of the Constitution.
2. Amendments: The preamble can be amended, provided it doesn’t alter the basic structure of the Constitution.
3. Nature of Preamble
   • Part of the Constitution
   • Neither a source nor a limitation on legislative powers.
   • Non-justiciable: Not enforceable in court of law.

The edifice of our Constitution is based upon the elements mentioned in the Preamble. Hence, the Preamble is rightly said to be the “Identity card” of our nation.