The preamble in the Indian Constitution embodies the fundamental values, ethics, philosophy, and vision on which the Constitution is based. It represents the objectives resolution introduced on December 13, 1946, in a nutshell, and also presents the ideal aspirations and goals that we wish to accomplish as the citizens of India in a comprehended form. The preamble serves as an introduction and a guiding light that outlines the fundamental principles and values of Indian democracy.
Due to its importance, Nani Palkiwala called the preamble “the identity card of the constitution”, and Earnest Baker mentioned that it “serves as a key-note”.
THE OBJECTIVES RESOLUTION –
Pandit Jawaharlal Nehru presented the philosophy underlying our Constitution through objectives resolution. Our constituent assembly adopted it on January 22, 1947.
PREAMBLE –
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 26th day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION
RELEVANCE AND AIMS –
The relevance of the preamble has been questioned in the Supreme Court many times, and the Supreme Court has pointed out the importance of the preamble through its various decisions. It is not enforceable in a court of law because it presents the objectives our Constitution aims to achieve. It also helps in the legal interpretation of the Constitution.
The preamble in the Indian Constitution serves two aims
- It indicates the source from which the Indian Constitution derives its authority.
- It also states the objectives which the Constitution seeks to establish and promote.
SOVEREIGN REPUBLIC-
It denotes unequivocally that India has the power to legislate on any subject and will not remain subordinate to any external authority or country. India became a republic and ceased to be a British dominion country in 1949. As a member of the Commonwealth Association, India accepts and recognises the crown as the head of the association and as the symbol of the free association. It will not affect our decisions or independent diplomatic relations with another sovereign country.
DEMOCRACY –
The constitution envisages a democratic republic in which the people of India are to exercise their sovereignty through an elected parliament and state legislature.
ECONOMIC JUSTICE –
The preamble aspires to the idea of economic democracy and a welfare state. It means to create equality of status and eradicate inequality of opportunity and social, political and financial status.
LIBERTY –
It assures certain minimal rights, which are essential for a citizen’s free and civilized existence. The preamble mentions these fundamental rights as “freedom of thought, expression, belief, faith and worship”.Liberty should be associated with social control and subordinated to the freedom of the most important number for common happiness.
SOCIAL JUSTICE –
It is a comprehensive form of removing social imbalance by law, harmonising the interests of different groups. Government cannot disregard the deliberate infliction of misery on a large population of Indian Citizens.
EQUALITY –
The constitution is against illegal discrimination by the state between the citizens and citizens.
SOCIALISTIC SOCIETY –
The Avadi congress session in 1955 recognised the socialistic pattern of society by a resolution. Indira Gandhi’s government added the word socialist to the constitution by the 42nd amendment act of 1976. The goal aims for to creation of a socialist welfare state.
UNITY AND INTEGRITY –
The word “integrity” was added to the preamble by the 42nd Amendment Act of 1976. It aims to infuse a spirit of brotherhood among the heterogeneous population belonging to different races, religions, languages, and cultures.
FRATERNITY –
The word “fraternity” reflects the spirit of brotherhood and a feeling that all citizens of India are children of the same motherland. It also reflects the idea enshrined in Article One of the U.N Declaration of Human Rights (1948).
SECULAR –
Even though the term “secular” was added to the preamble by the 42nd Amendment Act of 1976, the idea of a secular state was mentioned in the constitution’s fundamental rights. It means the state protects all religions equally and does not uphold any religion as the state religion.
DIGNITY –
Providing dignity to an individual means guaranteeing equal rights and privileges to each individual. The Supreme Court has come to hold the right to dignity is a fundamental right, so the state cannot deny it.
AMENABILITY OF PREAMBLE –
The legitimacy of the preamble amendment was challenged in the Kesavanatha Bharati case before the Supreme court. Supreme Court eventually declared that the preamble was a part of the constitution, and the opinion tendered in the Berubari Union case of 1960 was incorrect. Supreme court also held that the preamble can be amended under article 368.
REFERENCES –
Based on “THE CONSTITUTION OF INDIA [as on 26th November, 2021] Published by GOVERNMENT OF INDIA, MINISTRY OF LAW AND JUSTICE, LEGISLATIVE DEPARTMENT.
https://www.mygov.in/read-the-preamble-india/
PHOTO CREDITS – WIKIMEDIA COMMONS
By Illumination/ornamentation by Beohar Rammanohar Sinha , calligraphy by Prem Behari Narain Raizada. – https://www.loc.gov/exhibits/world/images/wt0070_1s.jpg Originally from en.wikipedia; description page is/was here.Beohar Rammanohar Sinha illuminated, beautified and decorated the original manuscript calligraphed by Prem Behari Narain Raizada. Beoher Rammanohar Sinha’s legible short-signature in Devanagari-script as Ram on the Preamble-page (lower-right corner within the outermost border-design), and as rammanohar on other pages of the Constitution bear unambiguous testimony to this fact. He was the favorite disciple of Nandalal Bose. After finishing the Constitution, some leftover art-material was carefully preserved by the artist which he bequeathed to his son Beohar Dr Anupam Sinha.(2024 upload direct source page of 4113 x 5090 px jpeg file: https://www.loc.gov/resource/llscd.57026883/?sp=7&r=-1.011,0.015,3.022,1.234,0), Public Domain, https://commons.wikimedia.org/w/index.php?curid=1098021
