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PREAMBLE

The Preamble of the Indian Constitution establishes India as a sovereign, socialist, secular, and democratic republic, outlining the core objectives of justice, liberty, equality, and fraternity for its citizens. It serves as an introductory statement reflecting the philosophy and intentions of the Constitution's framers, and while not enforceable in court, it aids in interpreting constitutional provisions. The Preamble has been amended once, in 1976, to include the terms 'Socialist' and 'Secular', emphasizing the nation's commitment to these principles.

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0% found this document useful (0 votes)
5 views9 pages

PREAMBLE

The Preamble of the Indian Constitution establishes India as a sovereign, socialist, secular, and democratic republic, outlining the core objectives of justice, liberty, equality, and fraternity for its citizens. It serves as an introductory statement reflecting the philosophy and intentions of the Constitution's framers, and while not enforceable in court, it aids in interpreting constitutional provisions. The Preamble has been amended once, in 1976, to include the terms 'Socialist' and 'Secular', emphasizing the nation's commitment to these principles.

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vinay jatav
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PREAMBLE OF INDIAN CONSTITUTION

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

What is a Preamble?
A preamble is an introductory statement in a document
that explains the document’s philosophy and objectives.
In a Constitution, it presents the intention of its framers,
the history behind its creation, and the core values and
principles of the nation.
The preamble basically gives idea of the following
things/objects:
Source of the Constitution
Nature of Indian State
Statement of its objectives
Date of its adoption
History of the Preamble to Indian Constitution -
The ideals behind the Preamble to India’s Constitution
were laid down by Jawaharlal Nehru’s Objectives
Resolution, adopted by the Constituent Assembly on
January 22, 1947.
Although not enforceable in court, the Preamble states
the objectives of the Constitution, and acts as an aid
during the interpretation of Articles when language is
found ambiguous.
Components of Preamble
It is indicated by the Preamble that the source of
authority of the Constitution lies with the people of India.
Preamble declares India to be a sovereign, socialist,
secular and democratic republic.
The objectives stated by the Preamble are to secure
justice, liberty, equality to all citizens and promote
fraternity to maintain unity and integrity of the nation.
The date is mentioned in the preamble when it was
adopted i.e. November 26, 1949.

Key words in the Preamble


We, the people of India: It indicates the ultimate
sovereignty of the people of India. Sovereignty means the
independent authority of the State, not being subject to
the control of any other State or external power.
Sovereign: The term means that India has its own
independent authority and it is not a dominion of any
other external power. In the country, the legislature has
the power to make laws which are subject to certain
limitations.
Socialist: The term means the achievement of socialist
ends through democratic means. It holds faith in a mixed
economy where both private and public sectors co-exist
side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get
equal respect, protection and support from the state.
It was incorporated in the Preamble by 42nd
Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of
India has an established form of Constitution which gets
its authority from the will of the people expressed in an
election.
Republic: The term indicates that the head of the state is
elected by the people. In India, the President of India is
the elected head of the state.
Objectives of the Indian Constitution
The Constitution is the supreme law and it helps to
maintain integrity in the society and to promote unity
among the citizens to build a great nation.
The main objective of the Indian Constitution is to
promote harmony throughout the nation.
The factors which help in achieving this objective are:
Justice: It is necessary to maintain order in society that is
promised through various provisions of Fundamental
Rights and Directive Principles of State Policy provided by
the Constitution of India. It comprises three elements,
which is social, economic, and political.
Social Justice – Social justice means that the Constitution
wants to create a society without discrimination on any
grounds like caste, creed, gender, religion, etc.
Economic Justice – Economic Justice means no
discrimination can be caused by people on the basis of
their wealth, income, and economic status. Every person
must be paid equally for an equal position and all people
must get opportunities to earn for their living.
Political Justice – Political Justice means all the people
have an equal, free and fair right without any
discrimination to participate in political opportunities.
Equality: The term ‘Equality’ means no section of society
has any special privileges and all the people have given
equal opportunities for everything without any
discriminations. Everyone is equal before the law.
Liberty: The term ‘Liberty’ means freedom for the people
to choose their way of life, have political views and
behavior in society. Liberty does not mean freedom to do
anything, a person can do anything but in the limit set by
the law.
Fraternity: The term ‘Fraternity’ means a feeling of
brotherhood and an emotional attachment with the
country and all the people. Fraternity helps to promote
dignity and unity in the nation.
Importance of Objectives: It provides a way of life. It
includes fraternity, liberty, and equality as the notion of a
happy life and which can not be taken from each other.
Liberty cannot be divorced from equality, equality cannot
be divorced from liberty. Nor can liberty and equality be
divorced from fraternity.
Without equality, liberty would produce the supremacy
of the few over the many.
Equality without liberty would kill individual initiative.
Without fraternity, liberty would produce the supremacy
of the few over the many.
Without fraternity, liberty and equality could not become
a natural course of things.
Status of Preamble
The preamble being part of the Constitution is discussed
several times in the Supreme Court. It can be understood
by reading the following two cases.

Berubari Case: It was used as a reference under Article


143(1) of the Constitution which was on the
implementation of the Indo-Pakistan Agreement related
to the Berubari Union and in exchanging the enclaves
which were decided for consideration by the bench
consisting of eight judges.
Through the Berubari case, the Court stated that
‘Preamble is the key to open the mind of the makers’ but
it can not be considered as part of the Constitution.
Therefore it is not enforceable in a court of law.
Kesavananda Bharati Case: In this case, for the first time,
a bench of 13 judges was assembled to hear a writ
petition. The Court held that:
The Preamble of the Constitution will now be considered
as part of the Constitution.
The Preamble is not the supreme power or source of any
restriction or prohibition but it plays an important role in
the interpretation of statutes and provisions of the
Constitution.
So, it can be concluded that preamble is part of the
introductory part of the Constitution.
In the 1995 case of Union Government Vs LIC of India
also, the Supreme Court has once again held that
Preamble is the integral part of the Constitution but is
not directly enforceable in a court of justice in India.

Amendment of the Preamble


42nd Amendment Act, 1976: After the judgment of the
Kesavanand Bharati case, it was accepted that the
preamble is part of the Constitution.
As a part of the Constitution, preamble can be amended
under Article 368 of the Constitution, but the basic
structure of the preamble can not be amended.
As of now, the preamble is only amended once through
the 42nd Amendment Act, 1976.
The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added
to the preamble through 42nd Amendment Act, 1976.
‘Socialist’ and ‘Secular’ were added between ‘Sovereign’
and ‘Democratic’.
‘Unity of the Nation’ was changed to ‘Unity and Integrity
of the Nation’.

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