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.