Preamble to the Indian Constitution

Preamble to the Indian Constitution

• The Preamble's ideals originated from Jawaharlal Nehru's Objectives Resolution (January 22, 1947).
• It serves as an interpretive aid for ambiguous constitutional articles.
• It's not legally enforceable.

Text and Purpose

• The Preamble embodies the Constitution's key features.
• It identifies the source of the Constitution: "We, the People of India."
• It establishes the enacting clause, bringing the Constitution into force.
• It declares the rights, freedoms, and form of government intended.
• It's ordained by the people, asserting their sovereignty.

Objectives of the Constitution

• The primary aim is national harmony.
  • Achieved through Justice, Equality, Liberty, and Fraternity.

Justice

• Ensures societal order through Fundamental Rights and Directive Principles.
  • Composed of social, economic, and political elements.
    • Social Justice: Aims for a non-discriminatory society based on caste, creed, gender, religion.
    • Economic Justice: Promotes equal pay and opportunities regardless of wealth.
    • Political Justice: Guarantees equal participation in political processes without bias.

Equality

• Ensures equal opportunity and privileges for all without discrimination.
• All are equal in the eyes of the law.

Liberty

• Guarantees freedom of choice, political views, and societal conduct.
• Freedom is qualified by the law.

Fraternity

• Promotes brotherhood and national unity.
  • Emphasizes human dignity alongside national integrity.
    • Ensures justiciable rights for individual dignity.

Key Words in the Preamble

• We, the People of India: Represents the ultimate sovereignty.

• Sovereign: Denotes the independent authority of the state.

  • Internal sovereignty: Government's authority over its people.
  • External sovereignty: Government's autonomy from external control.

• Socialist: Achieving socialist goals democratically, with a mixed economy.

• Secular: All religions receive equal respect, protection, and support from the state.

  • The State is neutral regarding religion.

• Democratic: A government deriving authority from the people through elections.

  • Embraces social and economic democracy.
  • Provides for representative parliamentary democracy.

• Republic: The head of state is chosen by the people.

  • Implies popular sovereignty & accessibility of public office
    • Vested power in the people, not an individual.

Status of the Preamble

• The Supreme Court has repeatedly addressed the Preamble's role.
  • Berubari Case: While the Preamble is instrumental, it's not directly enforceable; it's a guide to understanding the framers' intent.
  • Golak Nath V. State of Punjab: The Preamble is the soul and spirit of the Constitution.
  • Kesavananda Bharati Case: The Preamble is part of the Constitution but isn't on its own the source of power or limitation. Serves interpretation guidance.
  • Union Government Vs LIC of India: The Preamble is an integral part but non-enforceable.

Amendments to the Preamble

• 42nd Amendment Act (1976): Introduced "Socialist" and "Secular" and adjusted "Unity of Nation" to "Unity and Integrity of the Nation."
• Preamble's basic structure cannot be amended.

Conclusion

• The Preamble encapsulates India's constitutional ideals, principles, and philosophy.
• Other constitutional parts develop and elaborate on the Preamble's concepts.

This quiz covers the essential aspects of the Preamble to the Indian Constitution, including its origins, key features, and the fundamental objectives it seeks to achieve. Understand how the Preamble serves as an interpretive guide to the Constitution and the significance of its ideals in promoting justice and equality among citizens.