- The term ‘Preamble’ refers to the introduction or preface to the Constitution. It contains the summary or essence of the Constitution.
- The Preamble of the Constitution of India presents the principles of the Constitution and indicates the sources of its authority.
- It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950.
Background
The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and adopted by Constituent Assembly on 22 January 1947.
The Supreme Court of India originally stated in the Berubari case presidential reference that the preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in a court of law.
However, the same court, in the 1973 Kesavananda case, over-ruled earlier decisions and recognized that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves.
In the 1995 case of Union Government Vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.
Salient Features
Sovereign
Sovereign means the independent authority of a State. It means, that it has the power to legislate on any subject; and that it is not subject to the control of any other State / external power.
Sovereignty denotes supreme and ultimate power. It may be real or normal, legal or political, individual or pluralistic.
Sovereignty, in short, means the independent authority of a state. It has two aspects- external and internal. External sovereignty or sovereignty in international law means the independence of a state of the will of other states, in her conduct with other states in the committee of nations. Sovereign in its relation between states and among states signifies independence.
The external sovereignty of India means that it can acquire foreign territory and also cede any part of the Indian territory, subject to limitations (if any) imposed by the constitution.
On the other hand, internal sovereignty refers to the relationship between the states and the individuals within its territory. Internal sovereignty relates to internal and domestic affairs, and is divided into four organs, namely, the executive, the legislature, the judiciary and the administrative.
Though India became a sovereign country on 26 January 1950, having equal status with the other members of the international community, she decided to remain in the Commonwealth of Nations. Pandit Nehru declared that India will continue – “her full membership of the Commonwealth games of Nations and her acceptance of the King as the symbol of the free association of the independent nations and as such the Head of the Commonwealth”.
India’s membership of the Commonwealth of Nations and that of the United Nations Organization do not affect her sovereignty to any extent. It is merely voluntary association of India and it is open to India to cut off this association at her will, and that it has no constitutional significance.
Socialist
Before the term was added by the 42nd Amendment in 1976, the Constitution had socialist content in the form of certain Directive Principles of State Policy. The term socialist used here refers to democratic socialism, i.e. achievement of socialist goals through democratic, evolutionary and non-violent means. Essentially, it means that (since wealth is generated socially) wealth should be shared equally by society through distributive justice, not concentrated in the hands of few, and that the government should regulate the ownership of land and industry to reduce socio-economic inequalities.
Secular
Secular means that the relationship between the government and religious groups are determined according to constitution and law. It separates the power of the state and religion. By the 42nd Amendment in December 18,1976, the term “Secular” was also incorporated in the Preamble. There is no difference of religion; all religions are equally respected and moreover, there is no state religion. All the citizens of India are allowed to profess, practice and propagate.
Democratic
The people of India elect their governments by a system of universal adult franchise, popularly known as “one person one vote”. This representative form of government is suitable for governing the country because of its huge and diverse population. Every citizen of India 18 years of age or older and not otherwise debarred by law is entitled to vote.
The word democratic refers not only to political democracy but also to social and economic democracy. The main reason to incorporate democracy is to provide freedom to the people to choose their own representative and to save them from tyrant rulers.
Republic
In a republican form of government, the head of state is elected and not a hereditary monarch. Thus, this word denotes a government where no one holds public power as a proprietary right. As opposed to a monarchy, in which the head of state is appointed on a hereditary basis for life or until abdication, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. Thus, India has a president who is indirectly elected and has a fixed term of office. There’s an absence of a privileged class and all public offices are open to every citizen without discrimination.
Justice
Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedom and opportunities for all in a society.
India seeks social, economic and political justice to ensure equality to its citizens.
(i) Social Justice:
Social Justice means the absence of socially privileged classes in the society and no discrimination against any citizen on grounds of caste, creed, color, religion, gender or place of birth. India stands for eliminating all forms of exploitations from the society.
(ii) Economic Justice:
Economic Justice means no discrimination between man and woman on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equalities, the end of monopolistic control over means of production and distribution, decentralisation of economic resources, and the securing of adequate opportunities to all for earning their living.
(iii) Political Justice:
Political justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.
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. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits.
Equality
The term ‘equality’ means the absence of special privilege to any section of society, and the provision of adequate opportunity of all the individuals without any discrimination.
Fraternity
This refers to a feeling of brotherhood and sisterhood and a sense of belonging with the country among its people.
The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation. The word ‘integrity’ has been added to the Preamble by the 42nd Constitutional Amendment (1976).
Amendment to the Preamble
In the Berubari Case (1960), the amendability & the significance of the constitution came into force. The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian Territory to a foreign country. Hence, Indian Territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368.
Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh (erstwhile East Pakistan).
Supreme Court also held the view that Preamble cannot be a part of the constitution but later in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed.
It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Therefore, it is considered as the heart and soul of the Constitution.
Forty-second Amendment
The Preamble has been amended only once so far. As originally enacted the preamble described the state as a “sovereign democratic republic”, to which the terms “Secular” and “Socialist” were later passed by the Parliament during the Emergency in the Forty-second Amendment of the constitution 1976.
Through this amendment, the words “socialist” and “secular” were added between the words “Sovereign” and “democratic” and the words “unity of the Nation” were changed to “unity and integrity of the Nation”.
