Introduction
- The Constitution of the USA is the first of its sort regardless of a Preamble which is a real sense implies a prelude or early on the part. It portrays the rundown or pith of the whole Constitution. Preface assumes a huge part in the Constitution of India which is the longest kept in touch one on the planet. It depended on the Objective Resolutions drafted and set by Jawaharlal Nehru, the primary Prime Minister of Independent India, which was consistently passed and embraced by the Constituent Assembly. It has been altered just a single time since its commencement. Three words; Socialist, Secular, and Integrity were added to it by the 42nd Amendment in 1976.
Background
The Preamble of the Indian Constitution is basically founded on the Objective Resolution composed by Jawaharlal Nehru. He presented this objective goal on thirteenth December 1946 and was embraced by the Constituent Assembly on 22nd January 1947. At first, the Preamble was drafted by Sh. B. N. Rau in his notice of May 30, 1947, and was subsequently recreated in the Draft of October 7, 1947. With regards to the thoughts of the Constituent Assembly, the Preamble was reformulated.
The introduction can likewise be known as the spirit of the constitution as it has everything about the constitution. It was embraced on 26th November 1949 and it was executed on 26th January 1950 otherwise called Republic Day.
In framing the Preamble based on Objective Resolution, the Drafting Committee felt that the Preamble ought to just be arranged with the fundamental elements of the State and its targets. The Committee has referenced the words Sovereign, Democratic, and Republic as utilized in the Objective Resolution.
The word Fraternity has additionally been utilized by the Committee. Nonetheless, this word isn’t a piece of the Objective Resolution. The Committee has attempted to keep the soul and language of the Objective Resolution in the Preamble beyond what many would consider possible.
Hence the Preamble is likewise a real guide in the translation of the arrangements of the Constitution. It communicates what we thought or imagined for so long.In straightforward words, the Preamble fills in as a prologue to the Constitution and features, in a nutshell, the fundamental thoughts for which the constitution stands and what the casings of the Constitution searched out to accomplish for the residents of India.
Purpose
The purpose of the preamble is:-
The source from which the Constitution comes is indicated viz., the people of India.
The enacting clause which brings the Constitution into force is contained.
The rights and freedoms which the people of India intended to secure for all citizens are declared and the basic type of government and polity which were to be established.
Therefore, it declares that the source of authority under the Constitution is the People of India and there is no subordination to any external authority. Scope
The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the constitution. The preamble to an Act sets out the main objectives which the legislation is intended to achieve.
In A.K Gopalan v. the State of Madras, it was contended that the preamble to our constitution which seeks to give India a democratic constitution should be the guiding start in its interpretation, and hence any law made under Article 21 should be held as void if it offends the principles of natural justice, for otherwise, the so-called fundamental rights to life and personal liberty would have no protection. The majority on the bench of the Supreme Court rejected this contention holding that law in Article 21 refers to positive or state-made law and not natural justice and that this meaning of the language of Article 21 could not be modified with reference to the preamble.
The preamble indicates the ultimate source for the validity of and the sanction behind the constitution is the will of the people. Thus the source of the Constitution is the people themselves from whom the Constitution derives its ultimate sanction.
This assertion affirms the Republican and Democratic character of the Indian polity and the Sovereignty of the people. The People of India thus constitute the sovereign political body that holds the ultimate power and conducts the government of their elected representatives. As regards the nature of the Indian Polity, the Preamble to the Constitution declares India to be a Sovereign Secular Democratic Republic. It sets out the objectives and socio-economic goals to achieve which the Indian Polity has been established, these are stated in the Preamble.
These are:
social, economic, and political Justice
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.
For a proper appreciation of the aims and aspirations embodied in our constitution, therefore, we must turn to the various expressions contained in the Preamble. Combining the ideals of political, social, and economic democracy with that of equality and fraternity, the Preamble seeks to establish what Mahatma Gandhi described as The India of my dreams, namely
- An India, in which the poorest shall feel that it is their country in whose making an effective voice? an India in which all communities shall live in perfect harmony.
Amalgamation Of Ideas And Philosophies
- The Preamble of the Indian Constitution can be rightly described as an amalgamation of ideas and philosophies because of its lofty composition. It reveals three ingredients of exemplary nature; source of authority of the Constitution, nature of Indian state and objectives of the Constitution. It has not only proven its own exemplary nature but also makes the Constitution of India, a far superior to its counterparts of other countries.
People Behind Making It
The Preamble of the Indian Constitution is fundamentally founded on the ‘Objective Resolution’ composed by Jawaharlal Nehru. He presented his objective goal on December 13, 1946, later it was acknowledged by the Constituent Assembly on 22 January 1947.
The drafting council saw that the prelude should be restricted in characterizing the significant highlights of the new state and its socio-political goals and other significant issues ought to be refined further in the Constitution. The advisory group changed the saying from ‘Sovereign Independent Republic’ to ‘Sovereign Democratic Republic’ as it was referenced in the ‘Objective Resolution’.
The prelude can likewise be known as the spirit of the constitution as it has everything about the constitution. It was embraced on 26th November 1949 and it was begun on 26th January 1950 otherwise called Republic Day.
Source Authority Of Indian Constitution
- The Preamble of our Constitution starts with the expression WE, THE PEOPLE OF INDIA obviously expresses that its position was gotten from individuals of the land. However it was impacted by the US Constitution, our own addressed a more grounded and comprehensive form, attributable to the assorted idea of India; multicultural, multilingual, multiethnic, and multi-religious. The starting piece of the Preamble reminds us, of the idea of a genuine majority rules government where the power is from, for, to, and by individuals. Along these lines, it is perfectly clear that the standard of a majority ruling the government is revered in our Constitution by the starting expression. It has likewise looked like the possibility of Abraham Lincoln on vote based system.
Nature Of Indian State
- As Citizens of India, we owe our genuine and perpetual appreciation to the creators of Indian Constitution particularly Dr. B.R. Ambedkar and Jawaharlal Nehru for their most exceptional commitment to making a rousing work. They should be hailed for the addition of phrasings; Sovereign, Democratic, and Republic. On account of the praiseworthy commitment and imperative job of previous Prime Minister Indira Gandhi in adding the phrasings; Socialist and Secular through the 42nd Constitutional Amendment in 1976. India will be distinguished and characterized by these terms. The second part of the Preamble portrays the idea of Indian state. The pith of the longest composed Constitution on the planet is summarized in these couple of however most remarkable terms.
Soverign
- It infers that India is neither a reliant area nor a territory of some other country. It plainly expresses that India is an autonomous country. Strangely, India is one among the couple of nations that acquired total freedom from the European colonialist authority. However it has undeniable participations in global bodies like UNO, Commonwealth and so forth, our Constitution through its Preamble has demonstrated that such affiliations will not the slightest bit comprise a constraint on its sway.
Socialist
- Indeed, even before it was added by the 42nd Amendment in 1976, our Constitution had a communist substance through Directive Principles of State Policy. All in all, the certain substance has now turned into an express one. It plainly mirrored the communist example of society embraced by the Congress party as one of its central belief systems. Our own is popularity-based communism and not a revolutionary or state communism that will make us ready for tyranny. To comprehend the point of view of Indian Socialism as inserted in the Preamble, it will be summarized as a mix of Marxism and Gandhian philosophy which means to end destitution, obliviousness, illness, and disparity. Our own is the one that immovably trusts in conjunction of both public and private areas in a comprehensive and a participative blended economy.
Secular
- This also was embedded into the Preamble by the 42nd Constitutional Amendment in 1976. As the Supreme Court of India has explained at a few events, there will be no question that the creators of our Constitution needed to lay out such a state. However there are numerous misinterpretations on Indian brand of secularism, we will be hugely glad for it, inferable from critical reasons. Indian secularism is totally not quite the same as its western partner. It exemplifies a certifiable viewpoint of secularism in which all religions in the nation are qualified for have a similar status and backing from the state, independent of their solidarity. This is by all accounts more comprehensive than the western brand of secularism where religion and legislative issues will be liberated from one another.
Democratic
- The Preamble of our Constitution is an example of its kind because of its upright stipulation of a democratic polity. It is based on the doctrine of popular sovereignty that the people of the land possess supreme power. Makers of the Indian Constitution have brilliantly enshrined the terminology – Democratic which provides for indirect democracy which is representative and parliamentary in nature. It has patently upheld both co-existence and independence of all three pillars of democracy; Executive, Legislature, and Judiciary. It has also evidently emphasized the civil authority over the military establishment. Collective responsibility of the executive to the legislature, Universal adult franchise, periodic elections, rule of law, and zero tolerance towards discrimination in any form are other laudable manifestations of the democratic character of the Indian polity.
Republic
- There are two categories of democratic polity; monarchies like Britain and Japan and republics like the USA and India. In Constitutional Monarchies like Britain, Japan and other countries, the head of the state enjoys a hereditary position through succession. But in the Democratic Republic, the head of the state is elected directly or indirectly for a fixed period. The USA is the Democratic Republic where the President, the head of the state is elected directly by the people. In other words, it can be termed a Presidential Democracy. In India, the President, the head of the state is elected indirectly by the elected representatives of both Parliament and State Legislatures. In other words, it can be termed Parliamentary Democracy. Though there are different points of view on both types of democracy, we cannot ignore the fact that Presidential Democracy may pave the way for authoritarianism which is primarily against the values of democracy. Despite comprising both pros and cons, ours is an ideal democratic state.
Objectives Of The Constitution
- The protagonist feature of our Constitution is its objectives: Justice, Liberty, Equality, and Fraternity. Each objective specified in the Preamble is derived and largely influenced either by revolutions or popular movements. We need to understand the deep insights of these objectives.
Justice
- The term Justice in the Preamble embraces three distinct dimensions; Social Justice, Economic Justice, and Political Justice which are secured through diverse provisions of the Fundamental Rights and Directive Principles of State Policy of our Constitution. The ideal of Justice with social, economic, and political forms has been derived from the Russian Revolution (1917). Social Justice denotes the equal treatment of all citizens without any distinction. The idea of Affirmative Action or Positive Discrimination comes under the broad perspective of Socio-economic Justice. Reservations in Education and Employment for backward classes (OBC, SC, & ST), disabled, and women are the key components of Social Justice in India as described in our Constitution. Economic Justice denotes the non-discrimination between people on the economic factors. Poverty Alleviation, Subsidies, Welfare Schemes and etc., come under the principle of Economic Justice. Political justice implies that all citizens should have equal political rights, equal access to all political offices, and an equal voice in the government. All sections of our society must have their representation in both Parliament and State Legislatures. Political empowerment of all vulnerable sections; SCs, STs, women, and minorities (both religious and linguistic) is the primary goal of Political Justice.
Liberty, Equality And Fraternity
- The ideals of Liberty, Equality and Fraternity in our Preamble are taken from the French Revolution (1789-1799). These ideals represent the essence of democracy. Liberty is essential for the successful functioning of our democratic system. All citizens of India are entitled to liberty of thought, expression, belief, faith, and worship through their fundamental rights as mentioned in the Constitution. It also has certain limitations, making it a qualified one rather than an absolute one. The term Equality in the Preamble is attributed to the absence of special privileges to any section of the society, and the provision of adequate opportunities in all aspects particularly education and employment for all individuals without any discrimination. It embraces three forms of equality; civic, political and economic. Articles 14-18 under the Fundamental Rights (Part III) ensure civic equality. Articles 325 & 326 under Elections (Part XV) seek to achieve political equality. Article 39 under the Directive Principles of State Policy aims to achieve economic equality. The term Fraternity in the Preamble propagates the message of brotherhood. Our Constitution promotes the feeling of fraternity and it is ensured by the system of single citizenship. Article 51A under the Fundamental Duties (Part IVA) makes it clear that every citizen of India shall promote harmony and spirit of common brotherhood among all transcending religious, regional, linguistic, and sectional diversities. Unity in Diversity is the core objective of our Constitution which can be attained the ideal of Fraternity.
Whether Preamble Part Of Constitution
- This is a very controversial topic as there have been many discussions about the preamble being part of the Constitution. This question can only be answered by reading two cases.
Berubari Case
Berubari Case was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.
Through this case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as the part of the Constitution.
Kesavananda Bharati Case
This case created history as for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:
The Preamble of the Constitution will now be considered part of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
So, it can be concluded that the preamble is part of the introductory part of the Constitution.
Conclusion
- The Preamble of our Constitution stands as a tribute to a genuine vote-based system. It spreads the beliefs and standards of a majority rules system, as well as assorted parts of various philosophies, brought together by a typical doctrine, human qualities. It is the hero of the whole Constitution. It isn’t just addressing our Constitution yet additionally fills in as the personality card for India. In such a manner, we owe our earnest appreciation to the creators of our Constitution particularly Dr. Ambedkar and Jawaharlal Nehru for their most extraordinary commitment and vigorous endeavors. We should always remember the profoundly praiseworthy assistance delivered by our initial architects. Consequently, the Preamble of the Indian Constitution is a blend of thoughts and ways of thinking.
Top 13 Interesting Facts
The Constitution of India is the longest in the world. The document, in its current form, contains a Preamble, 448 articles in 22 parts, 12 schedules, 5 appendices, and 115 amendments. The English version has a total of 1,17,369 words.
The Constituent Assembly of India, which was established in 1946, was tasked with the job of drafting the Constitution for Independent India.
Dr. Rajendra Prasad, who became the first President of India, was the President of the Constituent Assembly, while Ambedkar headed the drafting committee.
The Constituent Assembly took two years, 11 months, and 18 days to complete the task as it held 11 sessions over a period of 165 days.
During deliberations on the draft Constitution, a total of 7,635 amendments were tabled, of which the Constituent Assembly moved, discussed, and disposed of as many as 2,473.
The Constitution was adopted on 26 November 1949 and the original document was signed by 284 members of Parliament.
It is said that it was drizzling outside on that day, and it was seen as a sign of a good omen.
The Constituent Assembly ceased to exist on January 26, 1950, as the Constitution of India came into force. It transformed into the Provisional Parliament of India until a new Parliament was constituted in1952.
India’s Constitution is known to have borrowed some of its features from 10 other countries. They are Britain, the USA, Japan, Ireland, South Africa, Australia, Germany, and Canada.
The original Constitution is a hand-written document, one of the world’s longest hand-written documents. The original copy was handwritten by Prem Behari Narain Raizada in a flowing italic style, and each page was decorated by artists from Shantiniketan.
The hand-written copies are now preserved in helium-filled cases in the Parliament House Library.
The 42nd amendment act of 1976, enacted during the Emergency, saw addition.
The original preamble is having a short bear signature of Ram.
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Sukhmeen Kaur
Writer
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