Preamble In Indian Constitution
- The term ‘Preamble’ refers to the introduction of preface to the Constitution.The Preamble to the Indian Constitution is based on the ‘Objective Resolution’ drafted by Jawaharlal Nehru and adopted by the framers of the Constitution.
- “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 opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
- Indian constitution has a preamble attached to it.
- Though the preamble of the Constitution of India does not constitute an operative part of the Indian constitution, yet it serves several important purposes.
- It explains the ideals and objectives of the constitution.
- An analysis of the preamble reveals that the source of the constitution is “We, the people.”
- The terms sovereign, socialist, secular, democratic, republic in the Preamble suggests the nature of the state.
- The ideals of justice, liberty, equality, fraternity reflects the objectives of the Constitution.
- It also contains November 26, 1949 as the date of adoption of the Indian Constitution.
- Sovereignty means the supreme power which is absolute and uncontrolled within its own sphere. A State is sovereign when there resides within itself a supreme and absolute power acknowledging no superior.
- In a nutshell, sovereignty means the independent authority of a State.
- State authority of India is supreme over all men and all associations within India’s territorial boundary.
- This is India’s internal sovereignty. Externally India is free from all external controls.
- The Preamble of the Constitution of India depicts India as a socialistic country.
- The implication of the word ‘socialistic’ introduced by the 42nd Amendment Act, 1976 is clearly to setup a ‘vibrant throbbing socialist welfare society in place of a feudal exploited society ’.
- It is one of the most important part of indian preamble which makes india a welfare states and guide government of india to work for welfare of poor people .
- The word Socialistic signifies that the ownership & control of the material resources of the community are distributed as best to subserve the common good & decentralization of material resources of wealth (Article 39 b &c).
- This makes India a welfare state where the state adopts the role of a guardian to the illiterate poor so that they are not exploited due their ignorance.
- The socialism envisaged in India does not mean abolition of private property or nationalization of all means of production.
- The socialistic concept of society is laid down in part lll & lV of the constitution of India.
- Jawaharlal Nehru, the architect of Indian planning, burrowed the concept of Socialism from the Russians.
- Preamble was expressly brought in the Constitution to establish an egalitarian social order through rule of law as its basic structure.
- It is the flood – light illuminating the path to be pursued by the state, now expresses the high ideals of socialism.
- The principal aim of socialist state to eliminate inequality, income& status & standards of life
- Secularism, means a state which has no religion of it .Secular state is that state where all religions are treated equally.
- India is a secular state where all religions are Equal.
- India’s secularism ensures that religious minorities do not suffer from a sense of inferiority as do the minority communities in Pakistan or Bangladesh.
- The Preamble to the constitution of India proclaims that India is a secular state.
- Secularism is given pride of place in the Constitution.
- India remains India because of secularism, even after partition.
- The word secular signified the right of freedom of conscience & free profession, practice & propagation.
- Apart from above, Article 29 & 30 provide certain Cultural & Educational Rights to Minorities & Minority Institutions.
- The Constitution of India establishes no state religion; creates no category of preferred citizens; throws citizenship open to all; equality of status & of opportunity; & promises to promote the dignity of the individual equally propagation of religion (Article 25); & freedom to manage religious affairs (Article 26).
- The word Democratic has been best defined as the Government of the people ,by the people and for the people.
- There is a rule by ballot & not by bullet The terms ‘Democratic Republic‘ in the preamble are very important.
- India’s aim is to build up not only a democratic political system but also a democratic social system.
- In the matter of political organization, India has opted for representative democracy.
- This implies that government power shall be vested in the popularly elected representatives of the people.
- In India popular elections give legitimacy to our rulers.
- The term Republic implies an elected head of the state.
- Republic in the Preamble signifies that we have a republican form of Government where over Head of State, the President of India is elected by an electoral college consisting of the
elected members of the Legislative Assemblies of the States.
- The process & manner of election as incorporated in Article 55 is commonly known as proportionate representation by a single transferrable vote.
- The preamble ensures justice for all its citizens. Justice means equality.
- All are equal in the eyes of law. Justice may be classified into three categories.
- They are:
- Social – Social justice leads to the list of ideals. Discrimination on any ground such as caste, race, religion, sex, rich or poor is illegal.
- Economic – Economic justice provides equal opportunities in employment to one and all.
- Efforts are made to bridge the gap between rich and poor.
- Steps are taken to provide equal wages for equal work and sex of the workers does not differentiate in deciding the wages.
- Regarding economic justice, Pandit Jawaharlal Nehru said that, “The first task of this assembly is to free India through a constitution, to feed the starving people , to clothe the naked masses and to give every Indian the fullest opportunity to his capacity”.
- Political – Political justice has been provided to the people by adopting democracy as a way of life and form of government.
- It ensures free and fair participation of all citizens in the political process of the country, without any distinction of caste, race, religion, sex, place of birth, rich or poor etc. through the exercise of political rights like right to vote ,right to contest elections, right to hold public office etc.
- Liberty as promised in the preamble has been given to the people in the form of fundamental rights.
- Liberty is essential for the development of individual personality.
- It is a positive right to liberty of thought, expression, belief, faith and worship.
- This concept of liberty is essentially political in nature. Non-mention of the economic liberty is certainly a drawback of the preamble.
- The ideal of equality is aimed at removing discriminations between citizens.
- This is particularly important in the Indian society, vitiated by caste system and untouchability.
- Equality does not mean all human beings are equal mentally and physically.
- It means equality of status and opportunity.
- Any type of discrimination is prohibited
- The word fraternity ensures the dignity of the individual, and unity and integrity of the nation.
- It means, common feeling of brotherhood.
- The intention of the founding fathers of our constitution was to inculcate the feeling in the heart of every Indian that, “he/she is the child of the soil of his or her motherland”.
- National unity can be built through the spirit of fraternity.
Unity and Integrity of the Nation –
- ‘Unity in diversity’ has been the hall mark of Indian nationalism.
- Indian democracy is based on the commitment of maintaining the unity and integrity of the nation.
- Unity and national Integration is main part for any country because without unity a nation can not grow with full spirit.