3. what is preamble?
A preamble is an introductory part of Indian constitution in a document that
explains the objectives.
Background of preamble
The preamble is based on the objectives of Objectives which was drafted and moved in
the Constituent Assembly by Jawaharlal Nehru on 13 December 1946.
The constitution was adopted on 26 November 1949 by the Constituent Assembly and
came into effect on 26 January 1950, celebrated as the Republic day in India.
5. 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.
The term We the people clearly states the participation of the
citizen of the country. It defines that the sovereign authorities
are the citizen of India. It clears the fact that all power vested
in the government is given by the people themselves.
6. SOCIALIST
the term was added by the 42nd Amendment in 1976,
Generally socialist means a political-economic system. The
main reason why the term was inserted in the preamble was
to provide the equality in opportunity and a better life for
the people Democratic Socialism that holds faith in a mixed
economy where both private and public sectors co-exist side
by side.
SECULAR
By the 42nd Amendment in 1976, 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. There is no difference of
religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christianity
and Islam are equally respected and moreover, there is
no state religion.
7. DEMOCRATIC
Democracy means government by the people. The people of
India elect their governments by a system of universal adult
franchise, popularly known as "one person one vote". Every
citizen of India 18 years of age or older and not otherwise
debarred by law is entitled to vote.
The term Republic indicates that the head of the state is
elected by the people directly or indirectly. In India, the
President is the head of the state and he is elected indirectly
by the people.
REPUBLIC
8. JUSTICE
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.
ii) Economic Justice means no discrimination can be caused
by people on the basis of their wealth, income, and
economic status. Every person must be paid equally for an
equal position and all people must get opportunities to earn
for their living.
iii) Political Justice – Political Justice means all the people
have an equal, free and fair right without any discrimination
to participate in political opportunities.
9. LIBERTY
Liberty means Freedom. The term Liberty was included
as to secure the freedom of the people of their belief,
thought, faith etc. it is essential to provide liberty to
the citizen for their personal growth, and restrict the
state from unlawful interference in the freedom of the
citizen. However, liberty does not mean freedom to do
anything, and it must be exercised within the
constitutional limits.
The concept of equality means each and every citizen of
the country is equal and the state will work on the
concept of equality before the law. Every person should
have equal opportunity for work, equality in their status
i.e. no discrimination on basis of religion, race, caste, sex
etc. it is important for a country to treat its citizen
equally for the development of the person and bring the
best out of him.
EQUALITY
10. FRATERNITY
Generally, fraternity means the spirit of
brotherhood. The concept of the fraternity was
introduced so that people feel that all people of
the same soil, the same motherland are their
brothers and sisters and are equal in status. It
leaves no room for
regionalism, communalism, casteism etc., which
hinders the unity of the State.
11. IMPORTANCE OF PREAMBLE
It provides a way of life. It includes fraternity, liberty, and equality as the notion of a
happy life and which can not be taken from each other.
Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor
can liberty and equality be divorced from fraternity.
Without equality, liberty would produce the supremacy of the few over the many.
Equality without liberty would kill individual initiative.
Without fraternity, liberty would produce the supremacy of the few over the many.
Without fraternity, liberty and equality could not become a natural course of things.
12. AMENDABILITY OF PREAMBLE
In the Berubari Case (1960) Supreme Court 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 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.
13. CASE STUDY
Re-Beruberi Case:
Under this case, the eight judges bench observed that even though the preamble serves
as an introduction to the constitution and no doubt it is a concept which opens the mind
of the makers and helps them in making a constitution, that does not mean that the
preamble is the part of the constitution.
Kesavananda Bharati case
This case creates a new history of the constitution the thirteen judges bench held that
preamble is a part of the constitution as:
The preamble is an introduction of the constitution.
The preamble is not a source of power but played an important role in the interpretation
of the statutes.
14. By the 42nd Amendment of 1976, enacted during the Emergency, the words “Socialist” and
“Secular” were inserted; the Preamble now reads “Sovereign Socialist Secular Democratic
Republic”.
15. CASE LAWS
WE THE PEOPLE OF INDIA
In Union of India v. Madangopal
Here the court referred the word ‘We the people of India and observed that “the brief of our constitution i.e.
preamble derives the authority i.e. citizens of India.
Socialist
In Air India Statutory Corporation v. United Labour Union
The court states that the main purpose of the concept of socialism is to establish social order through the
rule of law.
Secular
In St. Xavier’s College v. the State of Gujarat
The Supreme Court, in this case, explains that the concept of secularism. It does not mean anti-religion but it
means that the state will respect every religion and should not interfere in their practices but does not follow
any religion.
16. Democratic
In Mohan Lal v. District Magistrate, Rai Bareilly
The court defined democracy as the political concept in which the people directly or through their
representative give their involvement in the administration.
In Union of India v. Association for Democratic Reforms
The court observed that democracy is the important essential of a welfare state, the people should
get a chance to elect their leader who can act for the people.
Justice
In Air India Statutory Corporation v. United Labour Union
The court observed that the aim of justice is to secure the political, social, economic interest of the
citizen and provide the opportunity and standard of life and allow them to live with dignity.
Liberty
In Meyer v. Nebraska
In this case, the court observed that the term liberty does not mean absolute freedom, but the
freedom with some lawful social control in order to protect the interest of other people.
