AUTHOR DETAILS:
NAME: R. SIVA SHANKARAN
AFFLIATION: THE CENTRAL LAW COLLEGE, SALEM.
COURSE: B.A.,L.L.B
SEMESTER: 5TH SEMESTER
ABSTRACT:
An introduction to a document that outlines its goals, guiding ideals, and underlying philosophy is called a preamble. In legal contexts, the preamble sets the tone and provides the reasoning or objectives behind the enactment of the law or constitution. The preamble of the Indian constitution sets forth the core principles and objectives of the country. Declaring that India is a “Sovereign”, “Socialist”, “Secular”, “Democratic”, “Republic”, it embodies the spirit of the Constitution and offers a vision for the future, it also emphasizes key main objectives like “Justice” in all the aspects, “Liberty” of thought, expression, belief, faith, and worship, “Equality” of status and opportunity, and “Fraternity” which promotes the dignity of individuals, and the unity and integrity of the nation, which the constitution aims to secure for all citizens, and these values form the foundation of just society where everyone is treated equally and with respect, ensuring a cohesive and harmonious community. In this article delves with the analysis of the preamble of the Indian constitution’s object, purpose, amenability, principles which is upholds, etc.
KEYWORD: Analysis, Preamble, Indian Constitution, Philosophy, Introductory document.
INTRODUCTION:
Preambles are typically included in constitutions across the globe to aid in a better comprehension of the principles and objectives of the written constitution. Yet there may be variations in the preamble’s length, structure, contents, and style between various constitutions as well as larger variations from time to time. A preamble is essentially the opening section of an Act, Statute, Bill, or other type of document; it provides a concise overview of the document’s specific goals.
The Indian constitution’s preamble serves as an introduction to the document, which contains a list of guidelines for the nation’s citizens. It also provides an explanation fo the citizens inspiration and motto. The preamble, which outlines the foundation of the document, can be thought of as its introduction. Unlike the constitution of Australia, Canada, and America the constitution of India has an elaborate preamble, and it does not grant any power but gives direction and purpose to the constitution. The preamble can be considered as the beginning of the constitution which highlights the base of the constitution.
MEANING OF PREAMBLE
The term ‘Preamble’ as defined in the ‘Oxford Advanced Learner’s Dictionary’ connotes an opening statement that elucidates the purpose of any book, document, philosophy, bill, statute, etc. Whereas, in the ‘Chambers Twentieth Century Dictionary’ the term is defined as a preface or an introduction, mainly to an Act of parliament which gives reasons and purposes for its enactment, in ‘Black’s Law Dictionary’ defines it as a clause that exists at the beginning of a constitution of statute, consisting of an explanation regarding its enactment and the objectives for which it is passed.
In ‘Merriam-Webster Dictionary’ defines it as an introductory statement made for the purpose of clarifying the intent of the law and for mentioning the reasons for the enactment, and in ‘Britannica Dictionary’ defines it as a statement that is made at the introduction of a legal document, which generally gives the reasons and explanation for the parts that follow.
In re Berubari Union case[1], the Apex court observed that the Preamble to the Constitution was “a key to open the mind of the makers and shows the general purposes for which they made the several provisions in the Constitution”, and S. M Sikiri CJ, has observed in Kesavanandha bharati v. State of kerala[2], that “It seems to me that the preamble to our constitution is of extreme importance and the constitution must be read and interpreted in the light of the grand and noble vision expressed in the preamble” .
HISTORY OF PREAMBLE
A primary task assigned to the constituent assembly was to formulating and outlining the goals, objective, and guiding principles that will serve as the foundation of the Constitution, it was intended that the guiding principles and goals would embody the democratic values upheld by the Indian constitution.
In 1946, the Indian National Congress appointed an expert committee, the committee wrote a “declaration” outlining the goals of the constitution during its meeting on July 22. Nehru moved a draft resolution known as “Objective Resolution” based on the contents of this draft, on December 13, 1946 it was brought before the Constituent Assembly. Aside from this, Nehru gave a lengthy speech in which he primarily discussed the general goals, characteristics, and ambitions of the Constitution. This resolution was approved by the Assembly on January 22, 1947.
MAIN CONTENTS OF OBJECTIVE RESOLUTION:
The Constituent Assembly’s resolute decision to recognize India as a Sovereign nation under its own laws, to be governed going forward by the constitution. That the British-ruled regions of India as well as the other provinces that were subject to indirect British rule will unite to form the “union of India”. The aforementioned regions, which will be a part of the Union of India, will be independent entities with legislative authority and a functioning government. That the people f t he independent sovereign will be the source of the state units power and authority.
Justice, Social Economic, and political equality of status, opportunity, and before the law, and freedom of thought, expression, belief, faith, worship, vocation association, and action, subject to the law and public morality, shall be ensured and guaranteed to all citizens of India. Adequate protections must be provided for tribal residents, members of minority groups, and members of depressed and backward social classes. That integrity of territories shall be preserved, and the republic shall have sovereign right on land, sea, and air in accordance with justice and the law of civilized nations.
In his final remarks to the Constituent Assembly on November 25, 1949, Dr B. R. Ambedkar stated that the principles of liberty, equality, and fraternity should not be viewed as distinct trinities. The concept of the union of the trinities. The concept of the union of the trinity, according to which to separate one from the other is to undermine democracy itself. It is impossible to separate equality from liberty or liberty from equality.
PREAMBLE OF INDIA
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.[3]
PREAMBLE HOW FAR USEFUL IN INTERPRETING THE CONSTITUTION
Preamble has the authority to override the express provisions enunciated in the Indian Constitution, but the apex court has made it clear that it is a part of the document, as will be discussed below. When words used in any of the Articles listed in the Constitution are unclear or have more than one meaning, the Preamble serves as a helpful guide to help interpret and comprehend the intent behind the clause. The preamble’s objectives can be utilized to provide assistance to a considerable degree. The Supreme Court gave the preamble a lot of weight in the Kesavananda Bharathi [4]case. The primary issue on the Supreme Court’s agenda in this case concerned the union parliament’s 368 amending power. The court reviewed the history of the preambles drafting and final adoption in order to understand how it would help the court determine the meaning of the term “Amendment” used in article 368. The court also referred to the decisions of Behram Khusrashid v. state of Bombay[5], Basheshar Nath v. Commissioner of Income Tax, Rajasthan[6] and In Re Kerala Education Bill, 1957[7], in which the Supreme Court had looked to the Preamble for guidance and given it a transcendental position while interpreting the constitution or other laws. The Supreme Court observed that the preamble would certainly furnish valuable guidance in the matter of interpretation of the constitution and that the constitution should be read and interpreted in the light of the grand and noble vision expressed in the preamble.[8]
The Supreme Court ruled in Randhir Singh v. Union of India[9], that “equal pay for equal work” is a constitutional right that applies to all people, regardless of gender, and that it includes this provision in Article 39(d) of the constitution, taking into account the important words of the preamble. In accordance with our preamble’s explicit guarantee of equality of status and opportunity for all of its citizens, the court recognized equal pay for equal labor as a fundamental right.
CONTENTS OF THE PREABLE
SOURCE OF THE CONSTITUION:
We, the people of India… The Preamble opens with the words, “we, the people of India”. These precise words state unequivocally that the Indian people have approved, ratified and given themselves the constitution. The words “we the people of India” echo the opening words in the preamble to the constitutions of the United States and of Eire.
It is proclaimed that the people of India hold the ultimate sovereignty and it implies that the people have the authority to choose their representatives and the freedom to express disapproval of them. The Apex court held in Union of India v. Madan Gopal Kabra (1954)[10], that the preamble of the Indian constitution derived from the Indian people.
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC:
SOVEREIGN:
Cooley defined as, “A State is sovereign when there resides within itself a supreme and absolute power, acknowledging no superior”.
The term sovereign used in the Indian preamble seems to have been adopted from Article 5 of the Constitution of Eire. India is declared to be a sovereign state in the constitutions preamble, the autonomous power of the state is referred to as “Sovereign”. It indicates that every subject is under the jurisdiction of the state and cannot be influenced by any other authority or outside force. Therefore, the legislature of our nation possesses the authority to enact laws within the nation, subject to the limitations imposed by the constitution.
There are two types of sovereignty in general: internal and external. While internal sovereignty refers to the relationship between the state and its citizens, external sovereignty in international law refers to a state’s independence against other states. The Supreme Court ruled in Synthetic & Chemicals Ltd. V. The state of Uttar Pradesh (1989)[11], that the state is “sovereign” if it can control everything as long as it stays within the bounds set by the constitution. To be sovereign is to be superior or independent. Distinguishing between an internal and external sovereign was made easier by this case. “No county can have its own constitution unless it is not sovereign,” according to the argument made in this case.
SOCIALIST:
During the emergency following the 42nd Amendment in 1976, the tem “socialist” was inserted in the preamble of the Indian constitution. Democratic socialism is indicated by the tem socialist. It refers to a political economic structure that upholds political, social, and economic justice. Socialism is defined as “equality of opportunity” or “better life for the people,” according to Mrs. Indira Gandhi, she claimed that while everyone interprets socialism and democracy differently, in India, socialism is a means of achieving a better quality of life for the populace.
The Supreme Court determined in Excel Wear v. Union of India (1978)[12], that the inclusion of the word socialist created a gateway to decisions supporting nationalization and state ownership of the sector. However, the interests of a different segment of society primarily private owners cannot be ignored in the name of socialism and social justice principles, and in the case of D. S. Nakara v. Union of India (1982)[13], the court held that “ basic purpose of socialism is to provide a decent standard of life to the people living in the country and to protect them from the day they are born till they day they die”.
Again, in Samatha v. State of Andhra Pradesh[14], the apex court observed that the word “socialist” used in the preamble must be read from the goals, Articles 14, 15, 16, 17, 21, 23, 38, 46 and all other cognate Articles, sought to establish, i.e., to reduce inequalities in income and status and to provide equality of opportunity and facilities.
SECULAR:
The term “Secular” inserted by the 42nd Constitutional Amendment Act 1976, it state that the state does not recognize an religion as a state religion and that it treats all religions equally, and with equal respect without any manner interfering with their individual rights of religion, faith or worship.[15]
IMPORTANT COMPONENTS OF SECULARISM:
The right to equality is guaranteed by Article 14 of the constitution, discrimination on any grounds such religion, caste, etc, is prohibited by Article 15 and 16 constitution, Article 19 and 21 discuss all the freedom of the citizens , including freedom of speech and expression, and the Article 24-28 gives the right to practice any religion as they want.
The notion of secularism was determined by the nine-judge apex court bench to be the fundamental aspects of the constitution in the 1994 case of S. R. Bommai v. Union of India[16], the court ruled in Bal Patil v. Union of India (2005)[17], that religious groups and all religions have to be treated equally and with respect. India is a secular nation where individuals are free to practice any religion they choose. However, there won’t be a state religion. The court held in M. P. Gopalkrishan Nair v. State of Kerala (2005)[18], that a secular state differs from an atheist society in that it respects all religions and permit them all.
DEMOCRATIC
Greece is the source of the word “democratic”, where “demos” means “people” and “Kratos” means “authority”. All these phrases indicate that the people build the government. India is a democratic country because all three levels of government “federal”. “State”, and “local” are chosen by popular vote. Regardless of gender, caste, or creed, everyone is entitiled to vote. Everyone is therefore involved in administration, either directly or indirectly, under a democratic system of government.
In the Mohan Lal v. District Magistrate of Rai Bareilly (1992)[19] case, that court declared that democracy is a political philosophy in which citizens elect representatives to form a government, with the fundamental tenet being that minorities should be treated equally with majorities. In a democracy, all citizens have equal rights and obligations under the law. The court hold in the 2002 case of Union of India v. Association of democratic Reforms[20] that public awareness is a fundamental need for democracy to succeed. Fair elections are essential to a democratic system of government because they are its lifeblood. By upholding the rule of law, equality, and human dignity, democracy also enhances quality of life.
REPUBLIC
India is a republic with an elected head of state rather than an inherited monarch like a king or queen. The word “republic” comes from the Latin “res publica,” which means common wealth or public property. It indicates that the people have the authority to choose the state’s chief executive for a set period of time. In summary, the term “republic” denotes a system of governance in which the sovereign is chose by the populace, as opposed to being appointed by birth.
OBJECTIVES ENSHRINED IN THE PREAMBLE
The preamble secures to all the citizens of India-
- Justice- Social, Economic, and Political
- Liberty- of thought, expression, belief, faith, and worship
- Equality- of status and of opportunity
- Fraternity- Assuring the dignity of the individual and the unity and integrity
JUSTICE (Social, Economic, and Political)
The expression “Justice” briefly speaking is the harmonious reconcilement of individual conduct with the general welfare of the society. An act or conduct of a person is said to be just if it promotes the general well-being of the community.[21] Therefore, the attainment of the common good as distinguished from the good of individuals is the essence of justice.
The constitution of India professes to secure to the citizens:
- Social Justice: By assisting the less fortunate, the constitution seeks to establish social justice, a society free from discrimination based on caste, creed, gender, religion, and other factors, where everyone has a equal social standing. The goal of the constitution is to end all forms of exploitation that undermine social equality.
- Economic Justice: Economic justice prohibits discrimination against individuals based on their financial situation, income, or wealth. It implies that money should be distributed based only on an individual’s labor and for no other reason. Everyone needs to have equal pay for equivalent work, and everyone needs to have access to opportunities for earning a living.
- Political Justice: It is the idea that everyone has the same, unrestricted, equal right to engage in politics without facing prejudice. It implies that everyone has as equal right to run for office and to participate equally in governmental affairs.
LIBERTY ( of thought, expression, belief, faith and worship):
Liberty has been derived from the Latin word ‘Liber’ which means free, the idea of liberty came to the forefront with the French Revolution in 1789 and the leaders’ defined liberty as “the power to do like anything that does not injure another is liberty.”[22]
There are two meaning associated with the tem liberty: negative and positive. As a negative notion, liberty is the absence of any unjustified or excessive government intervention in a person’s personal affairs. Positively speaking, liberty refers to those freedoms or rights that are thought to be necessary for both the fulfillment of a person’s potential and the excellence of the national life. The freedoms of speech, thought, religion, and expression are guaranteed by the Indian constitution and are considered vital to the personal growth of every citizen of the country.
EQUALITY (of Status and of opportunity):
It is secured to the people of India by abolishing all distinctions or discriminations by the State, between citizen and citizen, on the ground of religion, race, caste, sex or place of birth and by throwing open ‘public places’ to all citizens[23] by abolishing untouchability[24] and titles[25], by securing equality of opportunity in the matters relating to employment or appointment to any office under the state.[26]
FRATERNITY
Fraternity means a feeling of brotherhood, brotherliness, a feeling that all people are children of the same soil, the same motherland. The term was also inspired by the French Revolution and was inserted to the preamble by the Drafting Committee of the Constituent Assembly because, “The committee felt that the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new constitution should be emphasized y special mention in the preamble.[27]
The constitution does not contain any explicit language that recognizes fraternity as a goal. Nonetheless, the constitution contains clauses that foster their sense of fraternity, such as common citizenship, the freedom of Indian citizens to travel, live, and settle anywhere in the country. Maintaining an individual’s dignity is necessary to advance fraternity. As a result, the preamble guarantees each person’s dignity. This dignity is maintained by guaranteeing each person’s equal fundamental rights and simultaneously establishing a number of State directives that aim to improve citizen policies.
The founding father of the constitution expressed concern in the unity and integrity of the nation about maintaining the nation’s independence and the prosperity of India’s democracy. In order to help contain any forces threatening and endangering the unity and integrity of the nation, they elaborated provisions giving the State overriding powers in the form of emergency provisions, all the while securing rights and freedoms for the people. The goal of India’s declaration of unity as a union of states is to end separatist sentiment
DATE OF ADOPTION:
Included in it is the adoption date, which is November 26, 1949. It is important to remember that the preamble was written after the Indian constitution was created On the other hand, January 26, 1950, is listed as the commencement date for both.
WHETHER PREAMBLE IS A PART OF THE CONSTITUTION?
THE BERUBARI UNION AND EXCHANGE OF ENCLAVES V. UNKNOWN, AIR 1960 SC 845.
The berubari case, involving the implementation of the Indo-Pakistan agreement and the legislative action required to comply with Nehru-Noon agreement, arose from a presidential reference under article 143(1) of the constitution, focusing on the preamble’s constitutional status. The court ruled that the preamble to the American constitution is not a source of power, as it has never been regarded as such. Professor willough of America emphasized that such powers are only granted in the constitution and can be implied from them.
KESAVANANDHA BHARATI V. STATE OF KERALA (1973)
The case, involving 13 judges questioned parliament’s power to amend the preamble and its extent, and the petitioner’s challenge to the 24th and 25th amendments of the constitution. The court, in this case, has held that:
The preamble of the constitution will now be considered as part of the constitution, and it is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the constitution. This case ruled that the preamble is a part of constitution, which can be amended under article 368, but he basic structure cannot be altered, as the constitution’s structure is based on its elements.
WHETHER THE PREAMBLE CAN BE AMENDABLE?
The Apex court ruled in the landmark judgment of kesavananda Bharati v. State of kerala, that the preamble could be amendable just like any other clause in the constitution because it was a part of it, there was a contention that Article 368 is restricted. The preamble places restrictions on the amendments’ authority. The preamble contains the essential components or features of our constitution. These fundamental characteristic listed in the preamble cannot be destroyed or harmed by article 368. Since the preamble is not a part of the constitution, it was thought to be unamendable. The Supreme Court ruled that the preamble is a part of the constitution, proving that the berubari opinion to be incorrect.
The preamble is amendable in the constitution, but the basic structure could not been affected, as it declares India’s formation into a Sovereign, Democratic, Republic, and amending power cannot be interpreted.
42ND AMENDMENT AND THE PREAMBLE:
An amendment to the preamble has added the concepts of secularism, socialism and integrity. The constitution already contained these ideas. These ideas follow the amendment in the preamble.
CONCLUSION
In conclusion the preamble, crucial part of the Indian constitution, outlines the fundamental values and principles, stating that the constitution was accepted by the Indian citizens on November 26, 1949. The 1976 amendment to the constitution, replacing “sovereign, socialist, secular, democratic, republic”, effectively fulfilled the purpose of encapsulating the aspirations of the Indian people.
Article 394 of the constitution enacted on November 26, 1949, establishes various articles and provisions. The preamble, a masterpiece, outlines the constitution’s objectives of building an independent nation, protecting justice, liberty, equality, and fraternity.
REFERENCES:
- The Constitution of India, 1950
- The Berubari Union And Exchange of Enclaves v. Unknown, AIR 1960 SC 845.
- Kesavanandha bharati v. State of kerala, 1973 SUPREME COURT 1461
- Narender Kumar, Constitutional Law of India,31 (Allahabad law agency 2018)
- https://indiankanoon.org
- https://www.livelaw.in
- https://judgement.ecourts.gov.in
[1] Re: The Berubari Union And Exchange of Enclaves v. Unknown, AIR 1960 SC 845.
[2] 1973 SUPREME COURT 1461
[3] The constitution of India, 1950
[4] 1973 SUPREME COURT 1461
[5] AIR 1955 SC 123
[6] AIR 1959 SC 149
[7] AIR 1958 SC 959
[8] Narender Kumar, Constitutional Law of India,31 (Allahabad law agency 2018)
[9] 1982 AIR 879
[10] 1954 SUPREME COURT 158
[11] 1990 AIR SUPREME COURT 1927
[12] AIR 1979 SC 25
[13]AIR 1983 SC 130
[14]AIR 1997 SC 3297
[15] M. P. G. Nair v. State of Kerala, AIR 2005 SC 3053; Bal Patil v. Union of India, AIR 2005E SC 3172
[16] 1994 AIR 1918
[17] AIR 2005E SC 3172
[18] AIR 2005 SC 3053
[19] 1993 AIR 2042
[20] AIR 2002 SC 2112
[21] Salmond’s Jurisprudence, 1948, 62
[22] Myneni, S. R.; Political Science for Law Students, 2nd Edition, Allahabad Law Agency, 2006, page-168
[23]C, Article 14 & 15
[24] The Constitution of India, 1950, Article 17
[25] The Constitution of India, 1950, Article 18
[26] The Constitution of India, 1950, Article 16
[27] Rao, Shiva; The Framing of Indian Constitution, N.M. Tirpathi Pvt. Ltd., Bombay, 1967, Vol-3, page-510, cited in Kumar Narender; Constitutional Law of India, Allahabad Law Agency, 2008, page-34a
