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Preamble

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3 views

Preamble

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abhilawand777
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Preamble of the

Indian Constitution
An Exploration for BBA Students
Introduction to the Preamble

What is the Preamble?


● Acts as an introduction to the Constitution
● Outlines the objectives and guiding principles of the Constitution
Importance of the Preamble:
● Reflects the aspirations of the people of India
● Sets the tone and vision for the nation
● The preamble of the Indian Constitution serves as a brief
introductory statement of the Constitution that sets out the
guiding purpose, principles, and philosophy of the Indian
Constitution.

● The Preamble is based on the Objectives Resolution’, drafted and


moved by Jawaharlal Nehru and adopted by the Constituent
Assembly on January 22, 1947.
Source of authority
of the constitution

Nature of Indian
State

Objectives of the
constitution

Date of adoption
of the
constitution
● Sovereignty:
The term “Sovereign” signifies the independent and
supreme authority of the Indian state.
○ Internally, it means that the Indian government has
the ultimate decision-making power within its territorial
boundaries.
○ Externally, it implies that India is not subject to control
or interference by any external power.
● Socialism:
The addition of “Socialist” through the 42nd Amendment in
1976 reflects India’s commitment to achieving social and
economic equality.
○ The government plays a crucial role in ensuring the
equitable distribution of resources and providing
basic amenities to all citizens, regardless of their social
or economic status.
○ It is reflected in the DPSPs of the Constitution.
● Secularism:
The declaration of India as a “Secular” state in the
Preamble emphasises that the state does not have an
official religion. It ensures that all religions are treated with
equal respect.
○ Citizens have the freedom of conscience and the right
to profess, practice, and propagate their religion without
discrimination.
● Democracy:
The characterisation of India as a “Democratic” republic
underscores the principle of government by the people, for
the people, and of the people.
○ Regular, free and fair elections allow citizens to actively
participate in the political process.
○ Every citizen has an equal right to vote and choose
their representatives.
● Republic:

The term “Republic” signifies that the head of the state (the
President) is an elected official, not a hereditary monarch.
○ This form of government ensures that the power and
authority of the state are derived from the people’s
mandate.
● Justice: The Preamble commits to securing for all citizens
"justice, social, economic and political."
○ This encompasses the provision of equal
opportunities, the fair and equitable distribution of
resources, and the protection of the rights and
interests of all individuals, irrespective of their social or
economic status.
○ Fundamental Rights provide political justice whereas;
the Directive Principles of State Policy aim to achieve
socio-economic justice.
● Liberty:

The Preamble guarantees the "liberty of thought,


expression, belief, faith and worship" to all citizens.
○ Various provisions of the Fundamental Rights provide
liberty to the people.
Equality: The Preamble assures the "equality of status and
opportunity" to all citizens.
○ This is reflected in the two broad perspectives of equality in
Article 14 of the Fundamental Right (equality and equal
opportunity), promoting both negative and positive equality
(affirmative action).
○ The positive equality underscores the state's commitment to
ensure equal access to political, social, and economic
opportunities
● Fraternity:

The Preamble's inclusion of the term "fraternity" reflects


the aspiration to strengthen a sense of unity and
brotherhood among the diverse peoples of India.
○ It aims to promote the dignity of the individual and the
integrity of the nation, thereby strengthening the
nation's social fabric.
Preamble as a Part of the Constitution
The question of whether the Preamble is an integral part of the Indian
Constitution has been the subject of extensive debate and judicial
interpretation.
● The Berubari Union Case (1960): In this case, the Supreme Court
initially held that the Preamble is not a part of the Constitution and
cannot be used to interpret the provisions of the Constitution.
○ The Court relied on the American jurisprudence, which viewed
the Preamble as a mere introductory statement and not a
source of power.
● Kesavananda Bharati Case (1973): The Supreme Court
reversed the Berubari Union Case verdict and
recognised the Preamble as an integral part of the
Constitution.
○ The Court held that the Preamble is not the source of
any substantive powers but is a key to interpreting the
Constitution's provisions.
○ The components of the preamble intrinsically form the
"basic structure" of the Constitution, which cannot be
abolished or violated through the amendment process.
● LIC of India Case (1995): The Court reiterated that the
Preamble is an integral part of the Constitution.
○ However, it clarified that the Preamble cannot be
directly enforced in court as a standalone provision.
● Amendment to the Preamble: The Court in the Kesavananda
Bharati Case also ruled that the Preamble can be amended
under Article 368 of the Constitution, provided that the basic
structure of the Constitution, as reflected in the Preamble, is
not altered or destroyed.
● The Preamble was amended once by the 42nd
Constitutional Amendment Act of 1976.
● This amendment was based on the recommendations of the
Sardar Swaran Singh Committee.
● It introduced three significant changes to the Preamble -
”Socialist”, “Secular” and “Integrity”.
Significance of the Preamble
1. Guiding principles:
The Preamble serves as the moral compass of the Indian
Constitution. It provides the guiding principles that help interpret
the provisions of the Constitution.
○ For instance, the principle of ‘Secularism’ in the Preamble
guides the interpretation of laws related to religious
practices, ensuring that the state maintains neutrality in
matters of religion.
2. Unity in Diversity:
The Preamble emphasises the principle of ‘Fraternity’, promoting
unity among India’s diverse cultural, linguistic, religious, and social
groups.
○ For example, the term ‘Fraternity’ in the Preamble underscores
the need for harmony among various linguistic groups in
states like Kerala, Punjab, and Assam, each with its unique
language and culture.
● Constitutional identity:
The Preamble defines the essential identity of the Indian
Constitution. It sets the tone for the entire legal framework and
the subsequent articles and provisions in the Constitution.
○ For instance, the term ‘Sovereign’ in the Preamble
signifies that India is free from external control, which is
reflected in India’s foreign policy decisions.
● Reflection of Historical Struggles:
The Preamble pays homage to the sacrifices and struggles of the
Indian people in their fight for independence and justice.
○ For instance, the term ‘Justice’ in the Preamble reflects the
long-standing struggle against colonial rule and the
aspiration for a just and equitable society.
Thank You

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