This Article is written by Rushank Shah ( student in Ils Law College following the course of Ba Llb 2nd year.)
Introduction
The Indian Constitution is the longest written constitution any country has ever framed. And it is logical so, because of the widely varied demographics that we see in this country. To accommodate this kind of demographics, we need laws that are universal in nature while also ensuring that each community has the right to enjoy its independence to the fullest while avoiding interference with other communities. Thus, India needs a really long constitution to make sure that.
The US was the first country to frame a preamble for its written constitution. The idea behind framing a preamble for a constitution is to enshrine the idea of the whole constitution into a single sentence. It is framed so that the policymakers have an idea about the boundaries of the policies that are being framed and also the value of the policy itself.
This article purports to discuss the meaning of the preamble to the Indian Constitution. It intends to throw light upon the ethics that our Constitution stands upon. This can be achieved by dissecting the Preamble word by word. This article is an analysis of each word written in the Preamble of the Indian Constitution and to see what they mean when they come together.
What is the Preamble?
According to Merriam-Webster, ‘a preamble is ‘a statement that is made at the beginning of something (such as a legal document) and usually gives the reasons for the parts that follow’. Meaning, a preamble is a type of introduction given before any written or a spoken body, mostly related to law. The concept of having a Preamble before a Constitution was first introduced into the world by the United States, in the year 1787.
In India, the idea of the Preamble was brought forward by Dr B. R. Ambedkar. Another proposal of a different Preamble was put on the table by Jawaharlal Nehru. However, there were stark differences in Nehru’s and Ambedkar’s Preambles. While Nehru’s Preamble talked about the Constitution more holistically, Ambedkar kept the values of the country foremost in his. In the end, Nehru’s Preamble was approved by the National Congress in the year 1948 along with the Constitution of India. The purpose of the Preamble is to uphold the basic objectives of our Constitution in situations where it becomes difficult to interpret a certain statute. In such a situation, the primary objective of the Constitution is accepted as the correct interpretation of the statute and is universally accepted across the legal fraternity in the country.
Indian Preamble
The Indian Preamble at present carries mainly words given by Jawaharlal Nehru with some inputs given by B. R. Ambedkar. The Preamble of the Indian Constitution reads as follows….
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.
This is the originally accepted text of our Preamble. The bold-written words in the preamble are the keywords in this text. These are the keywords that this article purports to explain the meaning of.
The meaning of the Preamble explained
We, the people of India- The meaning of this phrase signifies the sovereignty of the Indian public.[1] This also represents the fact that the people are the ultimate administrators of this country. This is the most prior indicator in the Indian law that India is a democracy, with its people the highest authority.
Sovereign-The next part of the Preamble includes the qualities and values that India represents and what kind of ethics are expected from the Government of India. The first quality that the citizens look for to be upheld is that India should be a sovereign state. That is, regardless of any government that rules the country, the country will be superior to the government itself.
Socialist- The term, “Socialist” was the most recent amendment made to the Preamble through the 42nd amendment in the year 1976. The addition of this term means that the country of India aspires to develop such an economy that is owned by the society itself, where the public and private sectors work hand in hand.
Secular- This term, along with the term ‘Socialist’ was added through the 42nd amendment in 1976. The purpose behind adding this term was to assure the people that the minority communities in India would have an equal right in the country’s administration and would be treated as equals in the eyes of the law.
Democratic- The term ‘Democratic’ meant that the government of India, although responsible of administration of the country, would not be superior to the citizens themselves, but rather, would be representatives of those same citizens who had chosen them to be so.
Republic- To be a ‘Republic’ means that India is run by the people through their representatives. To be established as a true democracy a republican form of administration is of the highest priority in any nation. The notion behind declaring India as a ‘Republic’ is to declare it as a democracy.
These afore-mentioned terms are the objectives of the Constitution for India to be seen in a certain way by not just the citizens but by all people who look at it. These objectives personify the values upon which our country was built. The next part contains the rights that are offered to citizens by the Constitution. These rights are as follows…
Justice- The first right bestowed by the Constitution is that of providing people with justice. In other words, citizens of India have a right to expect justice in the true sense from the gatekeepers of the Constitution, that is the judiciary. This justice is not limited to just having equal access to justice but rather about having justice in social, economic and a political way too.
Liberty- The right of liberty to have certain beliefs and thoughts is the most basic human right that makes up an integral constituent of any democracy. The liberty bestowed upon the people by the Constitution is to have a certain thought, expression, belief, to have faith and to worship in whatever way that they deem fit, limited only by the fact that this liberty does not take away other people’s liberty or right to justice in any way.
Fraternity- The last duty of the Constitution is to instil a feeling of brotherhood among the citizens of India. To ensure this and the previous objectives, Constitution provides with statutes to maintain harmony among the various communities.
The next part of the Constitution talks about accepting the Constitution and the enacting of the national document. This last part is a declaration that the Constitution of India has been enacted by the people of India.
Conclusion
The Preamble to the Indian Constitution is a declaration of the objectives of the Constitution. When we talk about the ambiguity in the Constitution, the morals and the purposes of the Constitution are taken to be as is given in the Preamble and thus, the ambiguity of the document is resolved.
The Preamble is, in many ways, a manifesto accepted by the people of India. It is the introduction to our Constitution and states the ethics upon which our laws and our country itself, is built.
[1]Om Marathe, The Preamble: What does it say, and what does it mean to India and its Constitution?, The Indian Express, (21-1-2022, 22:30), https://indianexpress.com/article/explained/the-preamble-what-does-it-say-and-what-does-it-mean-to-india-and-its-constitution-6232014/
