SPEECH
The Preamble of Constitution
Define Preamble
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 by the 42nd
Amendment Act, 1976 which added three new words
– Socialist, Secular, and Integrity.
The Preamble runs as follows:
“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.
The Supreme Court has said that the Preamble to
the Constitution is a key to open the mind of the
framers, and shows the general purpose for which
they made the several provisions in the Constitution.
The Preamble to an Act sets out the main objectives
which the legislation is intended to achieve.
Kesavananda Bharti v. , Shelat and Grover, JJ.,
observed it is sort of introduction to the statute and
many times very helpful to understand the policy and
legislative intent. It expresses “what we had thought
or dreamt for so long”.
Ingredients of the Preamble
What are the ingredients of the Preamble?
The Preamble contains four ingredients:
1. Source of authority of the Constitution: The
Preamble states that the Constitution derives its
authority from the people of India.
2. Nature of Indian State: It declares India to be of a
Sovereign, Socialist, Secular, Democratic and
Republic Polity.
3. Objective of the Constitution: It specifies justice,
liberty, equality and fraternity as the objectives.
4. Date of adoption of the Constitution: It stipulate
November 26, 1949 as the date.
Preamble as Part of the Constitution
Whether Preamble is a part of the Constitution?
1) In Re Berubari Union and Exchange of Enclaves.-
–The Supreme Court held that the Preamble is not
the part of the Constitution and according to it, it is
not a source of substantive powers. But this view has
been rejected by the Supreme Court in.
2)The Preamble to our Constitution was enacted
after the whole of the Constitution was enacted and
Preamble is part of the Indian Constitution.
3) The Supreme Court announced that the Preamble
is an integral part of the Constitution.
- Objectives enshrined in the Preamble
Define Sovereignty
1. Sovereign
The word ‘Sovereign’ implies that India is neither a
dependency nor a dominion of any other nation, but
an independent state. Being a sovereign state India
can either acquire a foreign territory or cede a part of
its territory in favour of a foreign state.
Define Socialist
2. Socialist
Socialism implies that judicial freedom be completely
subordinated to interest of the community with any
deduction that may correctly or incorrectly be drawn
from it, added by the 42nd Amendment Act, 1976.
The Supreme Court had held that the addition of the
word ‘Socialist’ may enable the courts to lean more
and more in favour of nationalization and State’s
ownership of industry.
The Supreme Court has held that the basic
framework of socialism is to provide a decent
standard of life to the working people and especially
to provide security from cradle to grave.
Define Secularism
3. Secular
The term ‘secular’ too was added by the 42nd
Amendment Act, 1976. It guarantees freedom of
religion to all citizens and does not seek to patronize
any particular religion. Articles 25-28 guarantee
freedom of religion to all persons
The word ‘Secularism’ means developing
understanding and respect for different religions.
Secularism is thus susceptible to this positive
meaning and a basic feature of the Constitution.
It merely means equal status of all religions without
any preference in favour of or discrimination against
any of them.
4. Democratic
Democracy is a system of government in which
supreme powers are vested in the people and are
exercised by the people directly or through elected
representatives. It is a government of the people, by
the people, for the people.
5. Republic
A democratic polity can be classified into two
categories – monarchy and republic. A republic also
means two things, one – vesting of political
sovereignty in the people and not in a single
individual like a king; second – the absence of any
privileged class and hence all public officers being
opened to every citizen without any discrimination. In
India, the executive head is President of India. Who
is an elected representative of the people of India.
6. Justice
The term ‘Justice’ in the Preamble embraces three
distinct forms – social, economic and political,
secured through various provisions of Fundamental
Rights and Directive Principles. Social Justice
denotes the equal justice or treatment of all citizens
without any social distinction based on race, religion,
caste, creed sex and so on. Economic Justice
denotes the non-discrimination between people on
the basis of economic factors. A combination of
Social Justice and Economic Justice is known as
‘Distributive Justice’. Political Justice implies that all
citizens should have equal political rights, equal
access to all political offices and equal voice in the
government.
7. Liberty
Article 19(1)(a) guarantees fundamental right to
freedom of speech and expression and article 25
guarantees freedom of conscience and freedom to
profess, practice or propagate any religion. The
Preamble secures to all citizens of India liberty of
thought, expression, belief, faith and worship, through
their fundamental rights, enforceable in the court of
law in case of violation.
8. Equality
The term Equality means the absence of special
privileges to any section of the society and the
provisions of adequate opportunities for all individuals
without any discrimination. Articles 14 to 18
guarantees right to equality.
(a) Article 14 – Equality before law and equal
protection of law.
(b) Article 15 – Discrimination of the basis of race,
religion, caste, sex, place of birth etc.
(c) Article 16 – Equality of opportunities in matters of
public employment.
(d) Article 17 – Abolition of untouchability.
(e) Article 18 – Abolition of titles.
