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Preamble Significance
Preamble Significance
Preamble Significance
Every preamble is
the soul of that constitution . It shows the aims , objects and ideas which are
tried to be achived by the constitution . Where the language is found to be
ambiguous the preamble to a written Constitution aids the legal interpretation .
It would be better to reproduce the noble words of the Preamble to our
Constitution before analysing its contents . The preamble as amended in 1976
runs thus :
WE THE PEOPLE OF INDIA , having solemnly resolved to constitute
India 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 are guaranteed by the
Fundamental Rights. These liberties are required for the development of the
individual.
That the preamble is not an integral part of the Indian constitution was declared
by the Supreme Court of India in BeruBari case therefore it is not enforceable in a
court of law. However, Supreme Court of India has, in the Kesavananda case,
overruled earlier decisions and recognised that the preamble may be used to
interpret ambiguous areas of the constitution where differing interpretations
present themselves. In the 1995 case of Union Government Vs LIC of India also,
the Supreme Court has once again held that Preamble is the integral part of the
Constitution.
Contents
1 Introduction
2 Meaning
2.1 Enacting formula
2.2 Sovereign
2.3 Socialist
2.4 Secular
2.5 Democratic
2.6 Republic
3 Forty-second Amendment
4 References
Introduction[edit]
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
These are the opening words of the preamble to the Indian Constitution
Meaning[edit]
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challenged and removed. (November 2010)
Enacting formula[edit]
Sovereign[edit]
Socialist[edit]
The word socialist was added to the Preamble by the Forty-second Amendment.
[1] It implies social and economic equality.
Economic equality in this context means that the government will endeavor to
make the distribution of wealth more equal and provide a decent standard of
living for all. This is in effect emphasized a commitment towards the formation of
a welfare state. India has adopted a socialistic and mixed economy and the
government has framed many laws to achieve the aim.
Secular[edit]
Secular means the relationship between the government and the people which is
determined according to constitution and law. By the 42nd Amendment, the term
"Secular" was also incorporated in the Preamble. Secularism is the basic
structure of the Indian constitution. The Government respects all religions. It
does not uplift or degrade any particular religion. There is no such thing as a
state religion for India. In S.R. Bommai vs UOI (1994) The SC of India held "A
state which does not recognise any religion as the state religion, it treats all
religions equally". Positively, Indian secularism guarantees equal freedom to all
religion. it stands for the right to freedom of religion for all citizens. Explaining
the meaning of secularism as adopted by India, AlexandrOwics has written,
"Secularism is a part of the basic of the Indian Constitution and it means equal
freedom and respect for all religions."
Democratic[edit]
The first part of the preamble We, the people of India and, its last part give to
ourselves this Constitution clearly indicate the democratic spirit involved even
in the Constitution. India is a democracy. The people of India elect their
governments at all levels (Union, State and local) by a system of universal adult
franchise; popularly known as "one man one vote". Every citizen of India, who is
18[2] years of age and above and not otherwise debarred by law, is entitled to
vote. Every citizen enjoys this right without any discrimination on the basis of
caste, creed, colour, sex, Religious intolerance or education.
Republic[edit]
Forty-second Amendment[edit]
The idea for the addition of 'socialist' was prompted by Indira Gandhi, as an ode
to India's growing relationship with the erstwhile USSR.
Importance of Preamble In Indian Constitution
Posted in Blog, Important India, Indian Constitution by Vijay Jaiswal On
September 5, 2013. No comments
Indian constitution has a preamble attached to it. Though the preamble of the
Constitution of India does not constitute an operative part of the Indian
constitution, yet it serves several important purposes. It explains the ideals and
objectives of the constitution.
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:
FRATERNITY assuring the dignity of the individual and the unity and integrity of
the Nation;
An analysis of the preamble reveals that the source of the constitution is We,
the people.
But the constitutions were neither framed by the people nor were the members
of the Constituent Assembly directly elected representatives of people. They
were elected under the Cabinet Mission Plan during the British rule on the basis
of restrictive franchise. Yet the claim that the constitution is derived from the
people is justified because of its broad-based popular acceptance ever since it
came into force.
The very first sentence of the preamble declares India to be a Sovereign Socialist
Democratic Republic.
The term sovereign implies that India is internally supreme and externally free.
State authority of India is supreme over all men and all associations within
Indias territorial boundary. This is Indias internal sovereignty. Externally India is
free from all external controls. Indias membership of the commonwealth or of
the United Nations does not impose any external limit on her sovereignty. The
Commonwealth is a free association of .sovereign Nations. It is no longer British
Commonwealth. India does not accept the British Queen as the head of state. As
Nehru pointed out, India joined the commonwealth by her free will. As for the
U.N. it is not a super state but club of free nations. Membership of the U.N. in no
way limits the authority of sovereign states. On the other hand, this membership
is a mark of sovereignty of state, for only sovereign states are admitted to the
membership of the United Nations.
The terms socialist and secular were added to the preamble by 42nd amendment
in 1976. Indias honeymoon with socialism began in the early fifties at the Avadi
Congress. Glaring disparity in income distribution induced the government to
control the commanding heights of the economy in the interest of suffering
masses. That is why the right of private property was removed from the list of
fundamental rights through a constitutional amendment.
The terms Democratic Republic in the preamble are very important. Indias aim
is to build up not only a democratic political system but also a democratic social
system. In the matter of political organization, India has opted for representative
democracy. This implies that government power shall be vested in the popularly
elected representatives of the people. In India popular elections give legitimacy
to our rulers.
basis of merit. Thus, headship of the state is not hereditary as in England, nor is
it based on military power as in dictatorial regimes.
The ideal of justice implies a system where individuals can realize their full
potentialities. In the view of our founding fathers it is not enough that there is
political or legal justice. Political and legal justice is a myth unless accompanied
by social and economic justice. Social justice implies that all social
discriminations like caste or untouchability must be ended. Economic justice
implies that economic exploitations should be ended. However, social and
economic justice still remains unrealized dreams.
The ideal of liberty aims at ensuring these freedoms which make men really free.
Liberty to be meaningful must mean liberty of thought, expression, belief, faith
and worship. This concept of liberty is essentially political in nature. Non-mention
of the economic liberty is certainly a drawback of the preamble.
The words- We, the people of India adopt, enact and give to ourselves this
Constitution?, thus, declare the ultimate sovereignty of the people of India and
that the constitution rests on their authority . Sovereignty means the
independent authority of a state. It means that it has the power to legislate on
any subject; and that is not subject to the control of any other state or external
power. The Preamble declares, therefore, in unequivocal terms that the source of
all authority under the Constitution is the people of India and that there is no
subordination to any external authority. It means a government by the people
and for the people.
The fraternity which is professed in the Preamble is not confined within the
bounds of the national territory; it is ready to overflow them to reach the loftier
ideal of universal brotherhood; which can hardly be better expressed than in the
memorable words of Pandit Nehru:
the only possible, real object that we, in common with other nations, can have is
the object of co-operating in building up some kind of a world structure, call it
one world, call it what you like.
Thus, though India declares her Sovereignty to manage her own affairs, in no
unmistakable terms, the Constitution does not support isolationism. The picture
of a democratic republic which the Preamble envisages is democratic not only
from the political but also from the social standpoint; in other words, it envisages
not only a democratic form of government but also a democratic society, infused
with the spirit of justice, liberty, equality and fraternity.
(b) The offering of equal opportunity to men and women, irrespective of their
caste and creed, in the matter of public employment also implements this
democratic ideal. The treatment of minorities, even apart from the constitutional
safeguards, clearly brings out that those in power have not overlooked the
philosophy underlying the Constitution.
That this Democratic Republic stands for the good of all the people is embodied
in the concept of a Welfare State that inspires the Directive Principles of State
policy. The economic justice assured by the Preamble can hardly achieved if the
democracy envisaged by the Constitution were confined to a political democracy.
Dr. Radhakrishnan has put it-
Poor people who wander about, find no work, no wages and starve, whose lives
are a Continual round of sore affliction and pinching poverty, cannot be proud of
the constitution or its law.
This shows that the Indian Constitution provides not only political but also social
democracy, as explained by Dr. Ambedkar in his speech in Constituent Assembly:
Political democracy cannot last unless there lies at the base of it social
democracy. What does social democracy mean? It means a way of life that
recognizes liberty, equality and fraternity, which are not to be treated as
separate items in a trinity. They form a union of trinity in the sense that to
divorce one from the other is to defeat the very purpose of democracy. Liberty
cannot be divorced from equality; equality cannot be divorced from liberty. Nor
can liberty and equality be divorced from fraternity.
The state in a democratic society derives its strength from the cooperative and
dispassionate will of all its free and equal citizens . Social and economic
An India, in which the poorest shall feel that it is their country in whose making
an effective voice?an India in which all communities shall live in perfect
harmony.
Preamble - Quotes : Constitution : IAS Notes
"All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one-another in a
spirit of brotherhood." - Article-1, UN Declaration of Human Rights.
"in a brief and pithy form the argument of much of the book, and it may
accordingly serve as a key-note." - Ernest Barker on Preamble to the Constitution
of India
"... an India in which the poorest shall feel that it is their country in whose
making they have an effective voice, ... an India in which all communities shall
live in perfect harmony. There can be no room in such an India for the curse of
untouchability or the curse of intoxicating drinks and drugs. Woman will enjoy as
the same rights as man." - Mahatma Gandhi in 'India of my dreams'
Liberty : Derived from the latin word 'liber' which means freedom from slavery,
imprisonment, etc.
Equality : Equality of status means equal treatment under law, independent of
one's status.
Fraternity : Fraternity means common brotherhood of all Indians.
Importance of Preamble
Its primary utility lies in assisting in clarifying the essential character of the
constitution to judiciary in case of ambiguity in the constitution
It indicates the source from which the constitution derives its authority.
It also states the objects, which the constitution seeks to establish and promote.
Points to Ponder
Page of the Preamble and other pages designed and decorated by renowned
painter Beohar Rammanohar Sinha of Jabalpur, who was at Shantiniketan with
Acharya Nandalal Bose at that time.
Wording 'We The People' resembles the preamble to the constitution of Ireland
(1937). "We The People" emphasizes popular sovereignty as laid down by J.J.
Rosseau.
Words Socialist, Secular and Integrity were added by the 42nd amendment act of
1976, which was proposed by Sardar Swaran Singh Committee.
Idea of addition of the word 'Socialist' was prompted by Indira Gandhi, as an ode
to India's growing relationship with erstwhile USSR.
Preamble seeks to establish what Mahatma Gandhi described as the 'India of my
dreams' : " ... an India in which the poorest shall feel that it is their country in
whose making they have an effective voice,... an India in which all the
communities shall live in perfect harmony. There can be no room in such an India
for the curse of untouchability or the curse of intoxicating drinks and drugs.
Woman will enjoy the same rights as man."
Q. " The objective of socialism is no more relevant and hence should be dropped
from the Preamble". Do you agree?
The word socialist was added to the Preamble by the 42nd amendment act of
1976. Socialism means ownership of productive forces by the Government so
that they benefit people equitably. Distributive justice is a part of socialist
societies.
Since 1991, there is a new direction to Indian Economic System towards greater
role for markets in economic development and retreat of state. It has triggered a
debate as to whether the constitutional goal of socialism is being implemented
or not. However, the basis for the new economic policy centered around
liberalization of economy is to generate wealth which in turn can be distributed
to all sections. Government continues to play an active role in social security and
distributive justice.
Thus, while India continues to strive for the method of achieving the goal is
modified towards market forces playing a greater role in the economy.
1. A.K. Gopalan v/s State of Madras (1950) & Union of India v/s Madan Gopal
Kabra (1953)
Ultimate Sovereignty of the people of India and that the Constitution rests on
their authority.
2. C.f. Crown Aluminium Works v/s Workmen (1958)
The goal envisaged by the Constitution is that of a 'Welfare State' and the
establishment of a 'Socialist State'.
3. Berubari Case (1960)
Preamble is NOT a part of the Constitution.
4. Keshavanand Bharti Case (1973)
Preamble is a part of the Constitution.
However, it is not enforceable, and cannot be amended i.e. It can be enriched
but not reduced.
Preamble is a part of the basic framework of the constitution.
5. Nakara v/s Union of India (1983)
The goal of Indian socialism is " a blend of Marxism and Gandhism, leaning
heavily towards Gandhian socialism ".
6. Bommai v/s Union of India (1994)
It is the spirit of brotherhood that the Preamble of our Constitution reflects.
7. Union Govt. v/s LIC of India (1995)
Preamble is an integral part of the Constitution.
8. LIC v/s Consumer Centre (1995)
The right to dignity is a Fundamental Right.
9. Dalmia Cement (Bharat) Ltd. v/s Union of India (1996)
The idea of economic justice is to make equality of status meaningful and life
worth living at its best removing inequality of opportunity and of status - social,
economic and political.
10. Ashok Kumar Gupta v/s State of Uttar Pradesh (1997)
Social justice is a Fudamental Right.
11. State of Punjab v/s G.S. Gill (1997)
The State in a democratic society derives its strength from the cooperative and
dispassionate will of all its free and equal citizens.
12. Samantha v/s State of Andhra Pradesh (1997)
Social and economic democracy is the foundation on which political democracy
would be a way of life in the Indian Polity.
13. S.S. Bola & Ors. v/s S.D. Sardana (1997)
Liberty, Equality and Fraternity have to be secured and protected with social
justice and economic empowerment and political justice to all the citizens under
the rule of law.
Liberty should be coupled with social restraint and subordinated to the liberty of
the greatest number for common happiness.
13. S.R. Chaudhary v/s State of Punjab & Ors. (2001)
The members of the legislature, must owe their power directly or indirectly to the
people.
Important Quotes on Preamble to the constitution of India http://www.ankitrajvanshi.in/2012/11/preamble-quotes.html
Sources :
1. UPSCportal
2. Introduction to the Constitution of India by Dr. Durga Das Basu
3. Wikipedia
4. IndiaKanoon