Preamble of Indian Constitution
The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution.
Read As:
WE, THE PEOPLE OF INDIA, having solemnly resolved into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizen
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 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Now we will have a brief description what is there in the preamble:
Now we will have a brief description what is there in the preamble:
Sovereignty
India is a sovereign state in the sense that it is internally supreme and externally independent. Internally supreme in the sense that the Central government or the Indian Constitution controls all other states and she is externally independent in the sense that India is not under the control of any other foreign countries. She is free to conduct external relations with other countries of the world.According to preamble, the constitution of India has been pursuance of the solemn resolution of the people of India to constitute India into a ‘Sovereign Democratic Republic’, and to secure well defined objects set forth in the preamble. Sovereignty denotes supreme and ultimate power. It may be real or normal, legal or political, individual or pluralistic. In monarchical orders, sovereignty was vested in the person of monarchs. But, in republican form of governments, which mostly prevail in the contemporary world, sovereignty is shifted to the elected representatives of the people. According to D.D Basu, the word ‘sovereign’ is taken from article 5 of the constitution of Ireland. ‘Sovereign or supreme power is that which is absolute and uncontrolled within its own sphere’. In the words of Cooley, “A state is sovereign when there resides within itself supreme and absolute power, acknowledging no superior”. Sovereignty, in short, means the independent authority of a state. It has two aspects- external and internal. External sovereignty or sovereignty in international law means the independence of a state of the will of other states, in her conduct with other states in the committee of nations. Sovereign in its relation between states and among states signifies independence.
The external sovereignty of India means that it can acquire foreign territory and also cede any part of the Indian territory, subject to limitations(if any) imposed by the constitution. On the other hand, internal sovereignty refers to the relationship between the states and the individuals within its territory. Internal sovereignty relates to internal and domestic affairs, and is divided into four organs, namely, the executive, the legislature, the judiciary and the administrative. Though India became a sovereign country on 26 January 1950, having equal status with the other members of the international community, she decided to remain in the Commonwealth of Nations. Pandit Nehru declared that India will continue – “her full membership of the Commonwealth of Nations and her acceptance of the King as the symbol of the free association of the independent nations and as such the Head of the Commonwealth”. Her membership of the Commonwealth of Nations and that of the United Nations Organization do not affect her sovereignty to any extent. It is merely a voluntary association of India and it is open to India to cut off this association at her will, and that it has no constitutional significance.
Socialist
Before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy. The term socialist here means democratic socialism i.e. achievement of socialistic goals through democratic, evolutionary and non-violent means.Socialist state basically means that wealth is generated socially and should be shared equally by society through distributive justice.It shall not be concentrated in the hands of few. Government should regulate the ownership of land and industry to reduce socio-economic inequalities.Secular
Secular means that the relationship between the government and the people which is determined according to constitution and law. By the 42nd Amendment in 1976, the term "Secular" was also incorporated in the Preamble. There is no difference of religion i.e. all religion are equally respected and moreover there is no state religion. All the citizens of India are allowed to profess, practice and propagate any religion. Explaining the meaning of secularism as adopted by India, Alexander Owics has written, "Secularism is a part of the basic of the Indian Constitution and it means equal freedom and respect for all religions.Democratic
The people of India elect their governments by a system of universal adult franchise; popularly known as "one man one vote". Every citizen of India, 18 years of age and above and not otherwise debarred by law, is entitled to vote.The word 'democratic' not only refers to political but also to social & economic democracy.Republic
In a republic form of government, the head of the state is an elected person and not a heredity monarch' . This word denotes a government where no one holds a public power as proprietary right . As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure.Justice in Preamble:
Our Constitution Secures three kinds of Justice: Viz; Social, Economical and Political. Have a brief look on each of that:(i) Social Justice:
Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, color, religion, sex or place of birth. India stands for eliminating all forms of exploitation from the society.(ii) Economic Justice:
Economic Justice means no discrimination between man and woman on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equality, end of monopolistic control over means of production and distribution, decentralization of economic resources, and securing of adequate opportunities to all for earning their living.(iii) Political Justice:
Political Justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without any discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.Liberty
The idea of Liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no unreasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish to follow up their thoughts in action. This is found to be an important tool in ensuring democratic framework. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits.This is second provision.Equality
This envisages that no section of the society enjoys special privileges and individuals are provided with adequate opportunities without any discrimination.All are equal in front of law. Again, there are three dimensions of Equality - Political, Economic & Civic.Fraternity
This refers to a feeling of brotherhood and a sense of belonging with the country among its people. It embraces psychological as well as territorial dimensions of National Integration. It leaves no room for regionalism, communalism, casteism etc.,which hinders the Unity of the State.The inclusion of the word "Fraternity" was proposed by Dr. B.R Ambedkar.The Preamble declares that fraternity has to assure two things—the diginity of the individual and the unity and integrity of the nation. The word 'integrity' has been added to the Preamble by the 42nd Constitutional Amendment (1976).
Preamble can be Amended or not?
In Berubari Case (1960), The amend-ability & the Significance of the same came to the force. An important & very interesting question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an interpretation of the Article 3. Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368. Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh (erstwhile East Pakistan). Supreme Court also held the view that Preamble can not be a part of the constitution but later in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is Part of Constitution and is subject to the amending power of the parliament as any other provisions of the Constitution, provided the basic structure of the constitution is not destroyed.It has been clarified by the Supreme Court of India that being a part of Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered.
Amendment to the Constitution:
The preamble has been amended only once so far. On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "Sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".Watch this 👇👇 video for time saving and good understanding.
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