INDIAN POLITY

THE PREAMBLE

Topics Discussed: -

·        Introduction

·        Text of the Preamble

·        Status of the Preamble

·        Amenability of the Preamble

·        Contents of the Preamble

·        Practice questions

Introduction

·        Preamble refers to the preface of the constitution.

·        It embodies the basic philosophy and fundamental values on which Indian constitution is based i.e. moral, political and religious. As it reflect the dreams of the founding father of the constitution, SC has held that Preamble is the key to understanding the mind of constitution makers.

·        It contains the essence of the entire constitution. The Constituent Assembly first met on Dec. 9th, 1946 and the preamble to the Indian constitution based on the ‘Objective Resolution’ drafted and moved by Pandit Nehru on Dec. 13th, 1947.

Text of the 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 nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Status of the Preamble

Berubari Union case, 1960

·         The Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Further, where the terms used in any article are ambiguous or capable of more than one meaning, some assistance at interpretation may be taken from the objectives enshrined in the Preamble.

·         Despite this recognition of the significance of the Preamble, the Supreme Court held that the Preamble is not a part of the Constitution. It is also not the source to prohibit the power, which is given explicitly in the Constitution. Further, the Preamble is not enforceable in a Court of Law.

Kesavananda Bharati case, 1973

 In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion (in the Berubari Case) and held that the 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. Explanation provided by the Supreme Court:

·         The Preamble may not be an essential part of ordinary statute, but it is an essential part of Constitutional Law.

·         Supreme Court admitted that a few facts regarding the Preamble were not noticed in the Berubari Case. These facts established Preamble as a part of the Constitution. o It has been adopted by the Constituent Assembly in the same manner as other parts. o The motion by which the Preamble was adopted said: “The question is that Preamble stands part of the Constitution”.  The Preamble was enacted after rest of the Constitution was already enacted.

·          The Preamble was inserted in the end to ensure that there is no inconsistency between the Preamble and other provisions of the Constitution. This was unlike USA where the Preamble was enacted first.

S R Bommaicase, 1994

 The Supreme Court again held that the Preamble is an integral part of the Constitution

Amendability of the Preamble

·         The question regarding the amendability of the Preamble was raised in the Kesavananda Bharati Case (1973). The argument of the petitioner was that the Preamble is not a provision of the Constitution, hence it cannot be amended.

·         Supreme Court’s view: Preamble is an essential and integral part of the Constitution. Hence, it can be amended; otherwise the harmony of the Constitution may get disturbed.

·         It held that the Preamble could be amended, subject to the condition that no amendment is done to the ‘basic features’ of the Constitution.

·         Consequently the Preamble was amended by the 42nd Amendment Act, 1976. It added three new words: Socialist, Secular and Integrity to the Preamble.

Contents of the Preamble

Sovereign

·         It means free from the control of any foreign power and internally has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. The Popular sovereignty is also one of the basic structures of constitution of India.

·         Hence, Citizens of India also enjoy sovereign power to elect their representatives through elections held for the parliament, state legislature and local bodies as well.

·         People have supreme right to make decisions on internal as well as external matters.

·          No external power can dictate the government of India.

·         India’s 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. The sovereignty empowers India to either acquire a foreign territory or cede a part of its territory in favour of a foreign country.

Socialist

·         Even 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. A mixed economy in which both Public sector and Private sector run together as two wheels of economic development.

Secular

Secular means 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. 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, 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 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, Amendment 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, [gender], Religious intolerance or education. The word 'democratic' not only refer 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.

·         The President of India is elected by an electoral college for a term of five years. The post of the President of India is not hereditary. Every citizen of India is eligible to become the President of the country. The leader of the state is elected by the people.

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 & 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" is proposed by Dr. B.R Ambedkar

Justice

The term Justice in the Preamble embraces three distinct forms: Social, economic and political, secured through various provisions of the Fundamental and Directive Principles.

Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status.

Economic justice means equitable distribution of wealth among the individual members of the society so that wealth is not concentrated in few hands.

Political Justice means that all the citizens have equal right in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.

PRACTICE QUESTIONS

Q. Which one of the following objectives is not embodied in the Preamble to the Constitution of India? (UPSC CSAT-2017)

1.     Liberty of thought

2.     Economic liberty

3.     Liberty of expression

4.     Liberty of belief

Ans . 2

1.     LIBERTY of thought, expression, belief, faith and worship are mentioned.

Q. The mind of the makers of the Constitution of India is reflected in which of the following?

1.     The Preamble

2.     The Fundamental Rights

3.     The Directive Principles of State Policy

4.     The Fundamental Duties

Ans . 1

1.     It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution

Q.The ideal of “Welfare State” in the Indian Constitution is enshrined in its (UPSC CSAT 2015)

a)       Preamble

b)       Directive Principles of State Policy

c)       Fundamental Rights

d)       Seventh Schedule

Ans . B

1.     In a welfare State, the functions of the State are not only the defence of the country or administration of justice or maintaining law and order but it extends to regulating and controlling the activities of the people in almost every sphere—educational, commercial, social, economic, political and even marital.

2.     DPSP thus promotes the ideal of a welfare state as it guides the state in making policies for the socio-economic well being of the people of India.