Preamble – Indian Constitution – Law Tribune

Preface or Introduction

Need : Introduction of what is written inside The Constitution.

Function : Acts as foundation on which constitution rests. Enshrine basic philosophy with minimum words possible. Every word has a meaning, chosen carefully with great thoughts.

Parts : Can be divided in to five major parts.

Part 1 : Source of the Preamble :

WE, THE PEOPLE OF INDIA, 

having solemnly resolved to constitute India into a

Part 2 : Nature of the Indian State :

SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

Part 3 : Four main objects :

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;

Part 4 : Date of Adoption

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,

Part 5 : Acceptance :

do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Three words, Socialist, Secular & Integrity added after the

42^nd Amendment 1976. (Indira Gandhi Government).

Key words in the Preamble

• We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.

• Sovereign (सार्वभौम) : The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.
• Socialist (समाजवादी) : The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.
  
  
• Secular (धर्मनिरपेक्ष) : The term means that all the religions in India get equal respect, protection and support from the state.
  
  
• Democratic (लोकशाही) : The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.

         Democracy = Demos (people) + Kratos (authority). (Greek words)

         means Government by people… Government gets authority from       

         the will of people.

• Republic (गणराज्य) : The term indicates that the head of the state is elected by the people (not like hereditary monarch). In India, the President of India is the elected head of the state.

Objectives of the Indian Constitution

• The Constitution is the supreme law and it helps to maintain integrity (अखंडता) in the society and to promote unity among the citizens to build a great nation.
• The main objective of the Indian Constitution is to promote harmony (सामंजस्य / सुसंवाद) throughout the nation.
  
  

         The factors which help in achieving this objective are:

Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.

• Social Justice (सामाजिक न्याय) – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice (आर्थिक न्याय) – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
• Political Justice (राजनीतिक न्याय) – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.

Equality (समानता) : The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.

Liberty (स्वतंत्रता) : The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.

Fraternity (बंधुत्व) : The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.

Dignity (गौरव / प्रतिष्ठा) : Dignity of individual : Right to life does not mean only animal existence.

Whether Preamble is a part of The Constitution :

Kesavanand Bharti v. State of Kerala (1973) :

It was held by SC that, preamble is a part of The Constitution.

Since it is a part of The Constitution, it can be amended but, basic feature cannot be amended.

……42^nd amendment inserted three words.