The Preamble of the Indian Constitution
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Preamble of the Constitution
Introduction:
- The Preamble is the introduction or preface to the Constitution, summarizing its essence.
- It serves as the "identity card of the Constitution," as described by N.A. Palkhivala, an eminent jurist and constitutional expert.
Historical Context:
- The American Constitution was the first to include a Preamble, a practice followed by many countries, including India.
- The Preamble to the Indian Constitution is based on the 'Objectives Resolution,' which was drafted and moved by Pandit Nehru and adopted by the Constituent Assembly.
Amendment:
- The Preamble was amended by the 42nd Constitutional Amendment Act in 1976.
- Three new words were added: Socialist, Secular, and Integrity.
Significance:
- It reflects the core values and principles of the Constitution.
- It outlines the objectives of the Constitution, which include justice, liberty, equality, and fraternity.
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Key Words in the Preamble of the Indian Constitution
Sovereign:
- India is an independent state, not a dependency or dominion of any other nation.
- No authority above India; free to conduct internal and external affairs.
- Can acquire or cede territory.
Socialist:
- Added by the 42nd Amendment Act (1976).
- Indian socialism: democratic socialism, not communistic socialism.
- Faith in mixed economy with both public and private sectors.
- Aims to end poverty, ignorance, disease, and inequality of opportunity.
- Blend of Marxism and Gandhism, leaning towards Gandhian socialism.
Secular:
- Added by the 42nd Amendment Act (1976).
- Constitution makers intended a secular state, evident in Articles 25-28 (freedom of religion).
- Positive secularism: all religions have the same status and support from the state.
Democratic:
- Based on popular sovereignty.
- Types: Direct democracy (e.g., Switzerland) and Indirect democracy (representative democracy, e.g., India).
- Four devices of direct democracy: Referendum, Initiative, Recall and Plebiscite.
- Indian system: parliamentary democracy, executive responsible to the legislature.
- Encompasses political, social, and economic democracy.
- Ensures universal adult franchise, periodic elections, rule of law, judicial independence, and non-discrimination.
Republic:
- Head of state (President) is elected, not hereditary.
- Indicates political sovereignty vested in the people.
- Absence of privileged class; all public offices open to citizens without discrimination.
Justice:
- Three forms: social, economic, and political.
- Secured through Fundamental Rights and Directive Principles.
- Social justice: equal treatment without social distinction.
- Economic justice: non-discrimination based on economic factors, elimination of wealth and income inequalities.
- Political justice: equal political rights and access to political offices.
- The ideal of justice - social, economic and political has been taken from the Russian Revolution (1917).
Liberty:
- Absence of restraints on individuals' activities and opportunities for personal development.
- Includes liberty of thought, expression, belief, faith, and worship.
- Not absolute but qualified.
- The ideals of liberty, equality and fraternity has been taken from the French Revolution (1789-1799).
Equality:
- Absence of special privileges; provision of equal opportunities.
- Encompasses civic, political, and economic equality.
- Civic equality: ensured through Fundamental Rights (e.g., Articles 14-18).
- Political equality: non-discrimination in electoral rolls (Article 325), adult suffrage (Article 326).
- Economic equality: equal right to livelihood, equal pay for equal work (Article 39).
Fraternity:
- Sense of brotherhood.
- Promoted by single citizenship and Fundamental Duties (Article 51-A).
- Ensures dignity of the individual and unity and integrity of the nation.
- Word 'integrity' added by the 42nd Amendment Act (1976).
- Protects dignity of women and upholds sovereignty, unity, and integrity of India (Article 51-A).
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The Significance of the Preamble
Basic Philosophy and Values:
- Embodies the fundamental political, moral, and religious values of the Constitution.
- Reflects the grand vision of the Constituent Assembly.
Vision and Aspirations:
- Represents the dreams and aspirations of the founding fathers.
- Sir Alladi Krishnaswami Iyer: “The Preamble to our Constitution expresses what we had thought or dreamt so long.”
Horoscope of the Republic:
- K.M. Munshi: Preamble is the "horoscope of our sovereign democratic republic."
Key to the Constitution:
- Pandit Thakur Das Bhargava: Describes the Preamble as the most precious part of the Constitution.
- He also describes the Preamble as the soul, key, jewel, and yardstick of the Constitution.
Tribute to Political Wisdom:
- Sir Ernest Barker: Called the Preamble the "key-note" to the Constitution, highlighting the political wisdom of its authors.
Declaration of Independence Comparison:
- M. Hidayatullah: Preamble resembles the U.S. Declaration of Independence but is more comprehensive.
- Describes it as the soul of the Constitution, laying down the pattern of political society.
- Contains a solemn resolve that only a revolution can alter.
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Important Facts
Berubari Union Case (1960):
- Supreme Court's view: Preamble shows general purposes of the Constitution and key to the minds of the makers of the Constitution.
- Initially opined that the Preamble is not part of the Constitution.
Kesavananda Bharati Case (1973):
- Supreme Court reversed the earlier opinion.
- Held that the Preamble is part of the Constitution.
- Established the doctrine of the basic structure.
LIC of India Case (1995):
- Supreme Court reaffirmed that the Preamble is an integral part of the Constitution.
Amendability of the Preamble:
- Question first arose in the Kesavananda Bharati case.
- Supreme Court held that the Preamble can be amended under Article 368.
- Condition: Amendments must not alter the "basic features" of the Constitution.
Nature of the Preamble:
- Not a source of power to the legislature.
- Not a prohibition upon legislative powers.
Non-justiciable:
- Provisions of the Preamble are not enforceable in courts of law.
Reference: Indian Polity by M Laxmikanth
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