PREAMBLE OF THE INDIAN CONSTITUTION - A BRIEF STUDY

This article has discussed about the most important part of the Indian Constitution i.e., Preamble of the Constitution. Containing landmark judicial remarks over Preamble, purpose and objectives; and basic features of the Preamble.

 

1. PREAMBLE:

 

The Preamble is the object of the Constitution. It becomes very helpful to understand the nature of the Constitution. The Indian Constitution also has a Preamble and that envisages the basics of the Indian Constitution.

 

In re Berubari case (1960), in that case the Hon’ble Supreme Court has held that Preamble of Constitution is a key to open the mind of makers to show the general purpose of the Constitution.

 

The Preamble of the Indian Constitution has declared that –

 

    “WE, THE PEOPLE OF INDIA, having solemnly

resolved to constitute India into a SOVEREIGN

SOCIALIST SECULAR DEMOCRATIC REPUBLIC

and to secure to all its citizens:

   JUSTICE, social, economic and political;

   LIBERTY of thought, expression, belief, faith and

worship;

   EQUALITY of status and of opportunity;

and to promote among them all

   FRATERNITY assuring the dignity of the individual

and the unity and integrity of the Nation;

   IN OUR CONSTITUENT ASSEMBLY this twenty-

sixth day of November, 1949, do HEREBY ADOPT,

ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION”. 

 

“We the People of India”. It is the resolve of the people of India to constitute India into a Sovereign Socialist Secular Democratic Republic. From the Preamble of the Constitution, it is clear that the framers of the Constitution attached importance to the sovereignty of the people. The Constitution of India in its preamble states that the people of India have “solemnly resolve to constitute India into a Sovereign Socialist Secular Democratic Republic”. The idea of Sovereignty involves freedom from all foreign control and domination. The idea of democracy involves freedom from all internal control or domination. Both the ideas combined together reassert the sovereignty and paramountcy of the people’s will over everything. The idea of Republic indicates that executive head of the state is not hereditary monarch but elected representative. Secularism means state does not have any recognized state religion.

 

In Kesavananda Bharti

                                 Vs.

                                    State of Kerala (1973), in that case the Hon’ble Supreme Court rejected the view that the Preamble as the key to open of mind and held that Preamble is the part of Indian Constitution.

 

However, In Randhir Singh

                                         Vs

                                               Union of India (1982), the Supreme Court is relaying on the Preamble and Article 14 and 16 held that Article 39(d) envisages a constitutional right of ‘equal pay for equal work’ for both men and women.

 

2. PURPOSE OF THE PREAMBLE:

 

The following are the important purpose of the Preamble;

      

i. To indicate the source where from the Constitution come, viz., the people  of India.

ii. To contain the enacting clause which brings into force the Constitution.

iii. It declares the great rights and freedom which are the people of India intended to secure to all its citizens and basic types of government.

 

The Preamble of the Constitution has declared India to be a, Sovereign Socialist Secular Democratic Republic. State is the supreme it has declared by Preamble of the Indian Constitution.

 

The Preamble of Indian Constitution provides India into a Republic country. The Political sovereignty vested in the hands of people. In our Constitution there is a President who is constitutional head of the State. The term democratic indicates the rule of people to elect their representatives and they remain responsible to the people.

 

3. OBJECTIVES ENSHRINED IN THE PREAMBLE:

 

The following are the objectives which the Preamble secures to every citizen:

 

Justice – social, economic and political;

Liberty – of thought, expression, belief, faith and worship;

Equality – of status and of opportunity; and to promote among them all;

Fraternity – assuring the dignity of the individual and the unity and                   integrity of the Nation.

 

4. AMENDMENT OF THE PREAMBLE:

 

Can Preamble be amended under Article 238 of the Constitution? The question was for the first time ask in the case of, Kesavananda Bharti vs. State of Kerala (1973). In that case Attorney General argues that by the virtue of the amending power in Article 368 event the Preamble can be amend. It was said that since the Preamble was a part of the Constitution could be amended like any other provisions. The Supreme Court, however, held that the Preamble is a Part of the of the Constitution and the decision of the Berubari case was wrong.

 

On the question whether the Preamble can be amended the majority held that since the Preamble is part of the Constitution it can be amended but the “Basic Feature” of the Constitution can be amended. The basic feature of the Preamble like, ‘Sovereign Democratic Republic’.

 

In 42^nd Constitutional (Amendment) Act, 1976 inserted three words in the Preamble, they are, ‘Secularism Socialism and Integrity’. These are also the basic feature of the Preamble which cannot be amend.

 

However, In Excel Wear vs. Union of India (1979), the hon’ble Supreme Court considered the effect of the word ‘Socialist’ in the Preamble. The Court held that the term ‘Socialist’ might enable the court to lean more in favour of nationalism and ownership of industries.

 

In, D. S. Nakara vs. Union of India (1983), the Court held that the base of Socialism is to secure worker.

 

In, S. R. Bommai vs. Union of India (1994), the Supreme Court held that the term ‘Secularism’ is a basic feature of Preamble.

 

In, Aruna Roy vs. Union of India (2003), the Supreme Court also held that positive meaning of Secularism is to developing, understanding and respect towards the different religion.

 

5. CONCLUSION:

 

In conclusion, it would be accurate to say that the preamble is a fundamental component of the Constitution because it embodies its philosophy and spirit. The Constitution's core values and guiding principles are highlighted in the preamble.