Preamble of indian constitution

Preamble Constitution of India

 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 individual
And the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November,1949, 
do HEREBY ADOPT,ENACT AND GIVE TO OURSELVES THIS CONSTITUTION

Source: Wikipedia

Features of Preamble

  • It states that constitution derives its authority from the people of India.
  • Declares India as socialist, sovereign, secular and democratic.
  • Justice, liberty, equality and fraternity are the objectives of the constitution.
  • 26 November 1949 – Date of Adoption

Key Words of Preamble

  1. Sovereign
  2. Socialist (Added by 42nd Amendment) new economic policy (1991) has weakened socialist credential.
  3. Secular (Added by 42nd Amendment)
  4. Democratic – possession of supreme power by the people.
Direct

  • Referendum
  • Initiative
  • Recall
  • Plebiscite

E.g. Switzerland

Indirect

  • Parliamentary
  • Presidential.

 

5. Republic can be classified into two categories

  • Monarchy – Britain
  • Republic – India

6. Justice embraces three distinct forms—social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.

7. Liberty of thought, expression, belief, faith, and worship, through their Fundamental Rights, enforceable in the court of law, in the case of violation.

The ideals of liberty, equality, and fraternity in our Preamble have been taken from the French Revolution (1789–1799).

8. Equality

  • Fundamental Rights ensures civic equality
  • Article 325 and Article 326 provides Political equality.
  • Directive principles ensure Economic equality Article 39.

9. Fraternity (sense of brotherhood.)

Indian constitution Maker preserves the spirit of fraternity through single citizenship. Which is also described in Article 51-A (Fundamental duties).

  • Fraternity must ensure two things –
  • Dignity of individual and unity and integrity of nation

“Integrity” added in preamble through 42nd Amendment.

Also Read : Constitution of India – Making, Composition and Features

Points to remember about Preamble of Constitution

  • Sir Ernest Barker – book, Principles of Social and Political Theory (1951)
  • In the judgment of Famous (1973) Kesavananda Bharati case the case that saved Indian democracy cited: The Hindu supreme court clearly state that Preamble is a part of the constitution. The Court also say that it can be amended, subject to the condition that no alteration is done to the basic features.
  • The Preamble is neither the source of power to legislature nor a prohibition upon the competencies of the legislature.
  • Its provisions are not enforceable in courts of law.
  • The preamble is only once amended in 1976(42nd Amendment) which added three new words Socialist, Secular, and Integrity.
  • India became a member of the UNO in 1945.

Suggested Reading : India Polity : A Historical Background

Comments