Objective Resolution and the Indian Constitution

Preamble of India

• The Preamble states India is a SOVEREIGN, SOCIALIST SECULAR DEMOCRATIC REPUBLIC.
• It secures to all its citizens: JUSTICE, LIBERTY, EQUALITY, and FRATERNITY.
• It was adopted on the 26th day of November, 1949.
• It was created in the Constituent Assembly.

Existence of Preamble

• Jawaharlal Nehru moved the Objective Resolution on December 13, 1946.
• The members of the constituent assembly unanimously accepted it on January 22, 1947.
• The Objective Resolution defines the aims and objectives of the assembly.
• The Preamble is based on the Objective Resolution.
• Sir B. N. Rau prepared a draft of the preamble based on the resolution.
• Consideration of the Preamble occurred after all constitution provisions were considered.
• The drafting committee formulated the Preamble in the light of the Objective Resolution.

The Objective Resolution

• The Constituent Assembly declares India as an Independent Sovereign Republic.
• The territories include British India, the Indian States, and other parts willing to join.
• These territories will form a Union, possessing autonomous status with residuary powers.
• All power and authority of the sovereign Independent India are derived from the people.
• Justice, equality, and freedom are guaranteed to all, subject to law and public morality.
• Adequate safeguards are provided for minorities, backward areas, and depressed classes.
• The Republic maintains integrity and sovereign rights according to Justice and civilized nations.
• India contributes to world peace and welfare.

Meaning of the Preamble

• A preamble is a preliminary statement or introduction that provides a framework.
• Sir Alladi Krishnaswamy Iyer stated it is an introduction to the statute and helps understand the legislative intent.
• The Supreme Court of India has made these observations:
• The Preamble to the Constitution of India is a key to opening the minds of the makers and shows the general purpose for which they made several provisions in the constitution.
• The preamble to an act sets out the main objectives which the legislation is intended to achieve.
• The Preamble embodies in a solemn form all the ideals and aspirations for which the country had struggled during the British Regime.
• When considering the validity of a statute, a cardinal rule is to look to the Preamble for guidance.
• The Preamble, Fundamental Rights, and Directive Principles of State Policy are the trinity of the Constitution.
• The Preamble is not a source of power or limitation but gives direction and purpose to the Constitution.
• Section 377 is an anathema to the concept of fraternity enshrined in the Preamble.
• Homosexuals have a fundamental right to live with dignity within the framework of the Preamble.

Purpose of the Preamble

• It encapsulates the constitution's essence, themes, values, and objectives, serving as a roadmap.
• It emphasizes that the constitution derives its authority from the people, highlighting popular sovereignty.
• By declaring India as a sovereign, socialist, secular, and democratic republic, it articulates foundational principles.
• It enunciates the fundamental rights and freedoms citizens aspire to secure.
• The inclusion of an enacting clause signifies formal adoption, establishing validity.
• It clarifies that the ultimate sanction lies in the will of the people, reaffirming democracy.
• It outlines the overarching goals and objectives, guiding policy formulation.
• It serves as a repository of fundamental principles and values, shaping the social fabric.
• It provides insight into the intentions of the framers, reflecting the vision of the constituent assembly.
• It provides direction and purpose, guiding interpretation and application.

Important Words in the Preamble

• "We the people of India...In our Constituent Assembly...do hereby adopt, enact and give to ourselves this constitution." implies sovereignty lies with the people.
• The source of the constitution is from the people and the validity lies with the will of the people.
• The constitution was not imposed by an external authority, but by Indians.
• Justice Mathew stated the assembly did not represent the people.
• "Sovereign" means India is subject to no external authority, with power to legislate subject to constitutional limits.
• "Democratic" means India has a responsible Parliamentary government accountable to an elected legislature.
• "Republic" means the head of state is not a hereditary monarch, but an elected official.

Grand and Social Objectives Goal

• It secures social, economic, and political justice to citizens.
• It secures liberty of thought, expression, belief, faith, and worship.
• It secures equality of status and opportunity.
• To promote fraternity.
• The Constitution has a chapter on fundamental rights which guarantee certain rights to the people, such as, freedom of the person, freedom of speech, freedom of religion, etc.
• They are clarified and strengthened by the Directive Principles of State Policy (DPSP).
• The preamble should be read along with the DPSP, laying down goals for the government to maximize social welfare.

Position of Preamble

Constitution Interpretation

• The Preamble is key to opening the minds of the makers.
• It shows the general purpose for which provisions of the constitution were made.
• It is not part of the constitution.
• It is not a source of substantive powers.
• If the terms are ambiguous, assistance may be sought in the objectives enshrined in the preamble.

Is Preamble a Part of Indian Constitution?

• A member suggested considering the preamble at the third reading, but this was rejected.
• After amendments were rejected, the motion 'that the preamble do stand part of the Constitution' was adopted.
• A member suggested the preamble come into force with a few articles, but this was rejected.
• It is obvious that the preamble which declared India to be Republic could not possibly come into force on 26th November, 1949, for India continued to be a Dominion till 26th January, 1950.
• Supreme Court held in Re Berubari case that Preamble is not a part of Indian Constitution.
• Supreme Court held in Keshavananda Bharti case that Preamble is a part of Indian Constitution.

Can Preamble be amended under Article 368?

• Keshavananda Bharati v State of Kerala ruled the Preamble can be amended, but not the "basic feature".
• The court said the structure of the constitution is based on elements in the preamble.
• Amendments cannot jeopardize basic characteristics of policy.
• The Preamble is 'a preliminary statement of the reasons'.
• In Raghunath Rao v Union of India, the Preamble is an integral part of the Constitution.

Constitution (Forty Second Amendment) Act, 1976

• Socialism: The word has no definite meaning and is used in both democratic and communist constitutions.
• Generally, the term implies a system of government in which the means of productions wholly or partially controlled by the state.
• India's socialism is a democratic socialism.
• The aim of a socialist state is to eliminate inequality in income, status and standards of life.
• The basic framework of socialism is to provide a decent standard of life.
• Secularism state which does not recognize any religion as state religion.
• It treats all religions equally.
• "Liberty...belief, faith and worship" in Preamble.
• Articles 25 to 28 guarantee freedom of conscience and the right to profess religion.
• Integrity: To end separatist tendencies and make people feel that every part of India is their home.
• Fraternity unites the citizens in the name of the country.

Explore the Objective Resolution's key aspects, including the drafting committee's role, its relationship with the Constitution, and the emphasis on justice, freedom, and equality. Understand the state's responsibility toward minorities and the importance of constitutional morality.