Preamble Of The Indian Constitution

Preamble of the Indian Constitution: Guiding Principles and Symbolic Foundations

The Preamble of the Indian Constitution serves as a concise introductory statement, outlining the fundamental values, objectives, and aspirations of the Constitution. It encapsulates the essence of the Constitution, reflecting the vision and ideals of the framers of the document. Through its succinct language, the Preamble lays the foundation for the governance and principles of the Indian nation, emphasizing concepts such as justice, liberty, equality, and fraternity. While not legally enforceable, the Preamble holds significant symbolic value and serves as a guiding light for the interpretation and implementation of the Constitution.

Some key points on the Preamble of the Indian Constitution

• The preamble to the Indian Constitution is based on the ‘Objective Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
• It has been amended only once so far by the 42nd CAA, 1976.
  • Three new words were added – ‘SOCIALIST’, ‘SECULAR’, and ‘INTEGRITY’.
• Reflecting Dreams and Aspirations: It contains the grand and noble vision of the Constituent Assembly and reflects the dreams and aspirations of the founding fathers of the Constitution. [UPSC 2017]
• It is neither a source of power to the legislature nor a prohibition on the powers of the legislature.
• It is non-justiciable and non-enforceable in a court of law.
• Ensuring Conformity: It was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure its conformity with the Constitution.
• “We the people of India”: Emphasizes that the constitution is made by and for the Indian people. It emphasizes the “concept of popular sovereignty”.

Components Of Preamble of the Indian Constitution

Significance of the Preamble of the Indian Constitution

• Identity card of our Constitution. (N. A Palkhivala)
• It is the summary and philosophy of the Indian Constitution and key to the mind of the Constitution makers. Serving as a beacon of light for the judiciary to decide the constitutionality of the law, it represents the horoscope of the Indian democratic republic.

Keywords in Preamble of the Indian Constitution, Meaning and Features

Sovereign: It signifies that India is a completely independent State, neither a dominion nor a dependency of any other country.

• It is free to conduct both its internal and external affairs.
• It can acquire a foreign territory or cede a part in favour of any other country.

Socialist: The term was added by the 42ndConstitutional Amendment (1976).

• Socialist nature is implicit in DPSPs (Article: 36-51), but the 42nd Amendment mentioned it explicitly.
• Indian Socialism (It is a blend of Marxism and Gandhism, heavily leaning towards Gandhism)
• Democratic Socialism: It aims to end poverty, ignorance, disease and inequality of opportunity.
  • It holds faith in the Mixed Economic model (public and private sectors coexist side by side).

Secular: The term was added by the 42nd  CAA, 1976; 

• It is a part of the Basic structure doctrine.
• Supreme Court (1974): The secular State is implicitly mentioned in Art. 25-28.
• Positive Secularism in India: All religions have the same status and support from the state.

Democratic: It implies the Doctrine of popular sovereignty or the possession of supreme power by the people.

• It signifies Representative Parliamentary democracy where an executive is responsible to the legislature.
• Embraces Political, Social, and Economic democracy.
• Manifestation of Indian Democracy: Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds.

Republic: It vests political sovereignty in people. It means the absence of any privileged class, and all public offices are open to all without any discrimination.

• Two Categories: Monarchy (Britain) & Republic (USA/ India).
• Indian Republic: Republic also means the Head of State (President) is indirectly elected.
• Articles 54 and 55: Election of the President.

Justice: Inspired by the Russian Revolution (1917).

• Embrace Distributive Justice (includes Social and Economic Justice) and Political justice
• Social Justice:
  • Equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex etc.
  • Absence of privileges to any particular section.
  • Improvement in the conditions of backward classes and women.
• Economic Justice: [UPSC 2014]
  • Non-discrimination between people based on economic factors.
  • Elimination of inequalities in wealth, income and property.
• Political Justice: Equal political rights, equal access to all political offices & equal voice in the government for all its citizens.

Liberty: Provides for Ideals like liberty, equality, and fraternity inspired by the French Revolution (1789).

• Absence of restraints on the activities of individuals [UPSC 2019]
• Providing opportunities for the development of individual personalities.
• Preamble secures the liberty of thought, expression, belief, faith & worship.
• Liberty does not mean the license to do what one likes. Need to be enjoyed within the limitations mentioned in the constitution.
• Liberty is ensured in the preamble, and the fundamental Rights are not absolute but qualified.

Equality: The preamble secures equality of status and of opportunity.

• Absence of special privileges to any section of society. [UPSC 2017]
• Adequate opportunities for all without discrimination.
• Civic Equality:
  • Article 14: Equality before law.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, and place of birth.
  • Article 16: Equality of opportunity in public employment.
  • Article 17: Abolition of untouchability.
  • Article 18: Abolition of titles.
• Political Equality:
  • Article 325: No one is ineligible for inclusion in the electoral rolls on the grounds of religion, race, caste or sex.
  • Article 326: Lok Sabha & state assembly elections based on adult franchise.
• Economic Equality:
  • Article 39: Equal right to adequate means of livelihood & equal pay for equal work to men and women.

Fraternity: It provides for a sense of Brotherhood.

• Single Citizenship promotes fraternity.
• Article 51A: The fundamental duty of every citizen is to promote harmony and the spirit of common brotherhood transcending religious, linguistic, regional or sectional diversities.
• The preamble declares that the Fraternity has to ensure the dignity of the individual and the unity and integrity of the Nation.
• The dignity of individuals is ensured by Fundamental Rights, DPSPs, and Fundamental Duties.
• Unity and integrity of a nation embraces both psychological and territorial dimensions of national integration. The term integrity was added by the  42nd CAA, 1976.

Union Of Trinity

• Union of Trinity (Social Democracy) = Principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. 
  • If any of these is absent, it will defeat the purpose of democracy.
• Without equality, liberty would produce the supremacy of the few over many. Equality without liberty would kill individual initiative.

Supreme Court Cases Related To The Preamble of the Indian Constitution

Conclusion

• The Preamble of the Indian Constitution serves as a concise statement of the ideals and aspirations that guide the nation. 
• It encapsulates the vision of the founding fathers, emphasizing principles such as justice, liberty, equality, socialism, secularism, and integrity. While not legally enforceable, it symbolizes the collective will of the Indian people and underscores the democratic ethos of the nation.