CHAPTER - 4 PREAMBLE OF THE CONSTITUTION

  • The American Constitution was the first to being with a Preamble.
  • The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by PanditNehru.“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.
  1. Sovereign
  • The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation. But an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external).
  1. Socialist
  • Even before the term was added by the 42nd Amendment in 1976. Notably, the Indian brand of socialism is a ‘democratic socialism’.
  • Democratic socialism, holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side. As the Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gabdhian socialism.
  1. Secular
  • The term ’secular’ too was added by the 42nd Constitutional Amendment Act of 1976. The Indian Constitution embodies the positive concept of secularism ie. all religions in our country (irrespective of their strength) have the same status and support from the state.
  1. Democratic
  • The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.
  1. Republic
  • The term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years.
  1. Justice
  • Social justice denotes the equal treatment of all citizens without any social distinction based on case, colour, race, religion, sex and so on.
  • Economic justice denotes the non-discrimination between people on the basis of economic factors. Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.
  1. Liberty
  • The ideals of liberty, equality and fraternity in our Preamble have been taken from the French Revolution.
  1. Equality
  • The term ‘ equality’ means the absence of special privileges to any section of the society.
  1. Fraternity
  • Fraternity means a sense of brotherhood. The Constitution promotes this feeling of fraternity by the system of single citizenship.

SIGNIFICANCE OF THE PREAMBLE

  • ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’. According to K.M.Munshi. ‘Horoscope of our sovereign democratic republic’. Pandit Thakur Das Bhargava.      ‘The Preamble is the most precious part of the Constitution. It is the soul of the Constitution.
  • Sir Ernest Barker, He described the Preamble as the ‘Key-note’ to the Constitution.

PREAMBLE AS PART OF THE CONSTITUTION

  • Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purpose behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Supreme Court specially opined that Preamble is not a part of the Constitution.
  • KesavanandaBharathi case (1973), Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. Supreme Court again held that the Preamble is an integral part of the Constitution.
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