Preamble of the Indian Constitution

The Indian Constitution's "Preamble" is a succinct prologue that lays forth the fundamental goals and tenets of the text as well as identifying the people as the document's ultimate source of power and significance. Nov. 26, 1949, saw the introduction of the Preamble to the Indian Constitution. However, the Indian Preamble to the Constitution went into effect on January 26, 1950. The Constituent Assembly of India adopted the Preamble to the Constitution, and January 26 is celebrated annually as Republic Day in India to commemorate the day the Preamble went into force.

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This Story also Contains

1. What is the Preamble?
2. History of the Preamble of the Indian Constitution
3. Essential Elements of the Preamble
4. Objectives of the Preamble
5. The Significance of the Objectives
6. The status of the Preamble
7. Is it possible to amend the preamble?
8. Amendment of the Preamble
9. Important Facts About the Preamble
10. Conclusion

What is the Preamble?

• The introduction or preface of the Constitution is referred to as the "preamble".

• It includes a synopsis of the key provisions of the Constitution together with the goals and purposes that form the foundation of the Indian state.

• The Constitution outlines the nation's core values and beliefs, as well as the architects' intention and the circumstances surrounding its creation.

• The Preamble of the Indian Constitution is sometimes referred to as the "Identity Card of the Constitution" by eminent jurist N.A. Palkhivala, who explains its intent.

• It has also been referred to as the "Political Horoscope of the Constitution" by K.M. Munshi.

Components of Preamble

There are four primary components in the Indian Preamble.

Background of the Preamble in short

• It was approved by the Constituent Assembly on November 26, 1949.

• Together with the other pages of the Indian Constitution, the Preamble was created by Jabalpur native Beohar Rammanohar Sinha.

• The 42nd Amendment Act of 1976 made the first and last amendments to it.

History of the Preamble of the Indian Constitution

Jawaharlal Nehru's Objectives Resolution, drafted on December 13, 1946, and approved by the Constituent Assembly on January 22, 1947, serves as the foundation for the preamble.

Let us examine the Preamble's historical background in India;

• The state was described as a “sovereign democratic republic” in the preamble when it was first adopted; the phrases “secular” and “socialist” were later added by a Captive Parliament during The Emergency in the 42nd Amendment.

• The Supreme Court of India first declared in the presidential referral to the Berubari case that the preamble is not a part of the Indian Constitution and cannot, therefore, be upheld in court.

• However, the same court reversed earlier decisions in the Kesavananda Bharati case of 1973 and ruled that the preamble might be used to interpret ambiguous Constitutional clauses if there are conflicting interpretations.

• The renowned Jabalpur painter Beohar Rammanohar Sinha, who was at the time in Shantiniketan with Acharya Nandalal Bose, drew and adorned the preamble page of the original Constitution of India, in addition to other pages.

• Nandalal Bose accepted Beohar Rammanohar Sinha's artwork without making any changes. Consequently, the lower-right corner of the page bears the brief signature of Beohar Rammanohar Sinha in Devanagari, which is Ram. It was done in calligraphy by Prem Behari Narain Raizada.

• The 42nd amendment to the Constitution was passed on December 18, 1976, after a plethora of amendments were forced through by Indira Gandhi's administration, which had seen the bulk of India's opposition imprisoned during the Emergency.

• The phrase "unity of the Nation" was altered to "unity and integrity of the Nation," and the adjectives "socialist" and "secular" were inserted between the terms "sovereign" and "democratic."

Essential Elements of the Preamble

We, the people of India

It signifies the Indian people's ultimate sovereignty. The ability of a state to act alone and without interference from other states or outside powers is known as sovereignty.

Sovereign

This proves that India is an independent country and not a colony or a dominion of another. It is free to run its activities (internal and external) and has no superior authority. India may choose to acquire a foreign territory or give up a section of its territory to a foreign state as a sovereign nation.

Socialist

Before the amendment, the Constitution already had socialist elements in a number of the Directive Principles of State Policy. Democratic socialism is the name given to socialism in India. India's economy is hybrid, combining the public and private sectors. The Supreme Court stated that "democratic socialism strives to alleviate poverty, illiteracy, sickness, and inequality of opportunity."

Secular

Secular suggests that the Constitution and legal framework control the interaction between the state and religious organisations. Secularism divides the authority of religion and the state. India's secularism provides equal state support to all religions. Stated differently, the Indian Constitution aligns with the positive concept of secularism, which holds that all religions in our country—regardless of their power—have equal standing and support from the government.

Democratic

The term "democratic" describes the form of government established by the Indian Constitution, which derives its authority from popular will as expressed in elections. The word "democratic" is used liberally throughout the preamble, referring to both economic and social democracy as well as political democracy.

Republic

The idea of a republic is that the people elect their head of state. (It's not hereditary.) The President of India is the elected head of state of India, selected for a five-year term by the people of India.

Objectives of the Preamble

The Constitution is the ultimate law and serves as a guide for upholding morality in society and encouraging citizen solidarity to create a great country. The promotion of unity across the country is the primary goal of the Indian Constitution. The following elements support the achievement of this goal:

Justice

The Constitution guarantees social, economic, and political justice to promote equality among its citizens.

• Social justice: Social fairness is the absence of favours for particular groups within society. It suggests that no citizen would be subjected to prejudice because of their caste, creed, colour, religion, sex, or place of birth.

• Economic justice is the absence of discrimination against individuals based on their financial situation, wealth, or income.

• Ensuring equal, impartial, and cost-free opportunities for all individuals to engage in the political process is a fundamental aspect of political justice.

Equality

This refers to the idea that everyone is afforded equal opportunity in all spheres of life without facing discrimination or preferential treatment. Before the law, everyone is equal.

Liberty

The idea of liberty holds that laws shouldn't restrict or govern the activities of individuals. There are five types of liberty listed in the preamble. They are freedom of thought, expression, belief, religion, and worship.

Fraternity

The phrase alludes to an emotional bond with the country and its citizens as well as a sense of fraternity. Both national unity and individual dignity are promoted by the fraternity. This attitude of fraternity is fostered by the Constitution's promotion of single citizenship.

The Significance of the Objectives

• It offers a way of living. As the idea of a joyful existence that cannot be taken away from one another, it comprises equality, liberty, and fraternity.

• It is impossible to separate equality from liberty or liberty from equality. Moreover, brotherhood and liberty cannot be separated.

• Liberty would result in the few ruling over the many if there were no equality.

• Individual initiative would be eliminated by equality without liberty.

• Liberty would result in the few ruling over the many if there were no fraternities.

• Liberty and equality could not develop into the norm in the absence of brotherhood.

The status of the Preamble

The Supreme Court has addressed the preamble on several occasions as it is a component of the Constitution. You can understand it by reading the two cases that follow.

Case of Berubari Union (1960)

Under Article 143(1) of the Constitution, it was cited about the execution of the Indo-Pakistan Agreement concerning the Berubari Union and the exchange of enclaves that were selected for review by the eight-judge court.

In the Berubari case, the judge ruled as follows:

• The preamble is not a component of the Constitution, the Supreme Court declared categorically.

• The Supreme Court claims that the preamble outlines the fundamental objectives of the Constitution's many provisions.

• It therefore plays a crucial role in understanding the architects of the Constitution.

• The Preamble aims can aid in interpretation when words used in any article are unclear or have several meanings.

Case of Kesavananda Bharati (1973)

In this instance, a writ petition was brought before a bench of thirteen judges for the first time. As stated by the Court:

• The preamble is a part of the Constitution, the Supreme Court said, overturning the earlier verdict.

• The preamble lacks absolute authority and the capacity to establish limitations or prohibitions. It does, however, remain crucial in the interpretation of laws and constitutional provisions.

• Therefore, the preamble is a component of the first section of the Constitution.

• It stated that the preamble's lofty and noble objectives should guide how the Constitution is read and understood.

LIC of India Case, 1995

Once more, the Supreme Court held that although the Preamble is an essential component of the Constitution, an Indian court cannot directly enforce it.

The Preamble is an essential component of the Constitution, but it cannot be directly enforced in an Indian court of law, the Supreme Court said in the 1995 case of Union Government v. LIC of India.

Is it possible to amend the preamble?

Another key dispute about the Indian Constitution's Preamble has been whether it may be altered under Article 368. The following key developments demonstrate the evolution of views on this issue:

Kesavananda Bharati Case, 1973

In this case, the Supreme Court ruled that the Preamble is a component of the Constitution and so can be altered, provided that no changes are made to the Constitution's 'Basic Structure'.

Amendment of the Preamble

The 42nd Constitutional Amendment Act of 1976 was the sole amendment to the Preamble of the Constitution.

42nd Amendment Act, 1976

• The Preamble became an essential component of the Indian Constitution with the passage of the 42nd Amendment.

• The Kesavananda Bharti Judgement made it abundantly evident that changes may be made to the Preamble of the Constitution without affecting the fundamental framework of the document.

• It was the first amendment to the Preamble in recorded history.

• The Preamble was amended to include the phrases "socialist," "secular," and "integrity."

• The phrase "Unity and Integrity of the Nation" replaced "Unity of the Nation."

Important Facts About the Preamble

• According to Article 394 of the Constitution, Articles 5, 6, 7, 8, 9, 60, 324, 367, 379, and 394 were effective on November 26, 1949, with the rest of the articles taking effect on January 26, 1950.

• Our Preamble's notion of Liberty, Equality, and Fraternity is based on the French Revolution's motto.

Conclusion

The Indian Constitution's Preamble is an introductory statement that explains the document's purpose and objectives. It expresses the Constitution's aim in two ways: in terms of the administrative structure and the objectives to be realised in an independent India. On November 26, 1949, the preamble was passed. The 42nd Amendment to the Indian Constitution was ratified on December 18, 1976. During the Emergency, Indira Gandhi's administration implemented several modifications. The terms "socialist" and "secular" were added to the preamble. The word "national unity and integrity" has also been amended. The preamble, according to the Supreme Court, outlines the primary objective of the Constitution's different articles. It lacks supreme power and the authority to impose restrictions or bans, but it does play a vital role in interpreting laws and constitutional concerns.