This Article is written by Amra (Senior editor at Legalonus and Content head for The Radicals) and Khushbu Pasbola (Graphic era student).
“We the people of India, having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republicand to secure to all its citizens:
JUSTICE, Social , Economic and political;
LIBERTY of thought , expression, beliefs, faith and worship;
EQUALITY of status band of opportunity; and to promote them all ;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
IN OUR CONSTITUTION ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.
The term ‘Preamble’ refers to the introduction or preface of our constitution because it contains the summary of the whole constitution. It is the Bible of our constitution.
The preamble to the Indian constitution is based on the ‘objective revolution’ which was passed by Pandit Jawaharlal Nehru in the constitution assembly on 13 of December 1946 as it provides the philosophy of our constitution.
N.A. Palkhivala, an eminent jurist and constitutional expert, called the preamble the ‘ identity card of our constitution’.
The preamble itself states that the constitution derived its authority from the people of India as stated ‘We the people of India. The preamble stated that the constitution was adopted on 26 November 1949 and implemented on 26 January 1950.
The preamble declares the nature of the Indian state to be sovereign, socialist, secular, democratic and republic.
From the ‘sovereign’ word it implies that India is neither dependent nor a dominion of any other nation, but an independent state. Even, India is a part of UNO it clearly demarcated that there is no way constitutes a limitation on her sovereignty. ‘Socialist’ means the welfare of the citizens of India and the term was added later on the constitution on 42nd amendment in 1976, the concept of ‘democratic socialism’ involves the nationalization of all means of production and distribution and the abolition of private property. It was first adopted by the Congress party in its Avadi session as early as 1955. This socialism hold faith in a ‘mixed economy’ where both public and private sectors work simultaneously. It is a perfect epitome of Gandhian socialism. The economic policy of 1991 of Liberalization, privatization and globalization has somehow diluted the concept of socialism upto a certain extent. ‘Secular’ was too Added with the 42nd amendment of 1976 and even before its implementation on the preamble, the constitution provides us with Article 25 to 28 which guarantees the fundamental right to freedom of religion. India is a country where any citizen has the right to profess any religion and there will be no discrimination on the basis of religion. Therefore, India does not have any state religion. ‘ Democratic’ word is used in the preamble in the wider sense which means the government is for by the people, for the people, to the people. Democracy is of two types – direct ( people exercise their supreme power directly) and indirect democracy(the representative elected by the people exercise the supreme power and thus carry on the government and makes laws). The Indian constitution provides for parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions. ‘Republic’ term in our constitution indicates that India has an elected head or nominal head called the president. He is elected indirectly for a fixed period of five years.
The objective of the constitution of India is specifically mentioned as justice, liberty, equality and fraternity. ‘Justice’ in the preamble embraces three distinct forms- social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion and so on. Economic justice means no discrimination on the basis of class factors and the last is Political justice that implies that all citizens have equal rights, equal access to all political offices and equal voice in the government. This concept of social, economic and political justice from the Russian revolution. ‘Liberty’ means the absence of restrictions but liberty dies not to mean the licence to do what one likes and has to enjoy within the limitations mentioned in the constitution. ‘Equality means the equality before the law and equal protection of the law which came under the concept of ‘rule of law’.‘Fraternity’ means the sense of brotherhood. Article 51-A says that it shall be the duty of every citizen of India to promote the harmony and the spirit of common brotherhood among all the people of India transcending religion, Linguistic, religion or sectional diversities. The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of the nation and Article 1 itself imply India as the ‘ Union of state’.
K.M. Munshi a member of the drafting committee stated that the preamble is the ‘ horoscope of our sovereign democratic republic’.
Several questions arise related to the preamble that whether the preamble is part of the constitution or not? Or can parliament amend the constitution? The answer was given with each upcoming case in the Indian judiciary history.
The berubari union case AIR 1960 SC 845 in this case the supreme court specifically stated that the preamble is not the part of the constitution. However it was said that preamble can be used as guiding principle.In the ‘Kesavananada Bharti V. State of Kerala AIR 1973 SC 1461’ the supreme court rejected the earlier decision and consider the preamble as part of the constitution and in the same case the concept of ‘ basic structure arises ‘ which answer the second question that yes the parliament can amend the preamble under article 368 but they should not infringe the basic structure doctrine. Preamble contains the nutshell of its idea and aspirations. The last ‘Union government of India V. LIC (1955)’ also , the supreme court again held that the preamble is an integral part of the constitution…
‘Preamble contains bin a nutshell it’s ideas and aspirations’.
Poem: ‘Preamble’
‘ Years ago and year’s later’,
I will always be, even the times alter.
‘ I am someone in every citizen life’,
Because of me, the constitution got many reasons to survive.
‘I was a defeated warrior of debate and discussion in this field’,
Sovereign Socialist Secular democratic republic taught me, it isn’t a war indeed.
It’s a old adage, that justice, Liberty, equality never got mitigate,
No, never the time will came of our thoughts to change.
Even though the concept of fraternity is in my count,
Mine creation was a precious time which never gonna come,
no matter what’s the amount.
They all were inveterate of adding others features in my life,
They weren’t aware that I will hereby adopted till the clock of fourty-nine.
