Indian Polity by Laxmikant - Preamble

 

PREAMBLE

Preamble of Indian Constitution

-Source to the preamble was the ‘objective resolution’ of C.A on 13^th Dec, 1946.

-‘US Declaration of Independence 1776’, ‘The Trio of French Revolution’ – Liberty, Equality, Fraternity.

-Preamble is an introduction, foreword, preface to the const. which states the objectives, mentions the ideals for which the const. was drafted.

-Preamble purpose is essence of the Indian const. it is the micro-cosome of the const.

-Preamble commences:

‘We, The people of India’, implies the ultimate source of political power lies with people. It also means, the constitution of India was prepare by the people, through their representatives.

-The words ‘Socialist’, ‘Secular’ and ‘Integrity’ have been inserted in 1976, 42^nd Amendment.

-This is the 1^st & last amendment to the Preamble.

Sovereign: The country is externally independent & internally supreme.

Socialist: It implies equal opportunities to all the people by prevention of concentration of wealth, through Nationalization of materials & National resources.

‘Egalitarian Society’ – No disparity between Rich & poor.

Secular: Secular state is a state in which the relation between Govt. & people is determined according to the const. & law; not according to the religious faith.

·         Pakistan is a theocratic state.

     So in a secular country, there is freedom of religion, no official religion & no discrimination on religious basis.

·         

      Secular state is non-religious states.

Democratic: Essence of democracy is ‘Rule of Law’.

Republic: Head of the country & other public representatives directly / indirectly for a period, do not follow hereditary to secure to all its citizens.

Justice: social, economic & political. Justice is something, due for other.

-Social justice means prohibiting discrimination of people on the basis of social consideration.

Ex: caste, gender and provide equal treatment of all the people.

-Political justice means providing equal opportunities to all citizens in the matters of administration & political process; like right to vote, to contest, to hold public offices, to petition, to criticize the Govt.

-Economic justice is ensured through employment opportunities, freedom to take up any profession, trade or commerce.

Liberty: thought, expression, belief, faith, worship.

Equality: status & opportunity

Fraternity: assuring the dignity of individual & unity & integrity of Nation.

In our constituent Assembly, 26^th Nov, 1949, do hereby adopt, enact & give to ourselves this constitution.

Significance of Preamble:

·           -  Preamble contains the essence of the constitution. It is indicative will of the makers of the constitution.

·         -    Preamble provides the information relating to the adoption of constitution of India.

·          -  Preamble also provides legal help to the judges for the proper interpretation of the constitution; in such cases, courts interpret the constitution in the right of preamble.

·         SC has given contrary judgments on the inclusions of preamble into constitution.

·         In 1960, Berubari union case, SC held that preamble is not a part of the constitution.

·         In 1973, Keshawananda Bharathi case, SC held that preamble was a part of the const.

·         ‘preamble is hence, the part of the const.’

·         In K.B. case, SC held that preamble comes undesr the ‘Basic Structure’. Basic structure cannot be amended.

·         Amendment should not damange the basic structure but can be further developed.

·         Hence in 1976, 42^nd amendment, the preamble of const. was amended positively.

·         Preamble is non justiciable, which means these ideals are not implemented directly & one can’t go to judiciary for the enforcement of preamble.

·         Preamble has an in direct impact on the other parts of the const.

Comments:

·         Preamble is a political horoscope to the const. of India – K.M.Munshi

·         Preamble is the heart and soul of the const. – Pundit Thakur Das Bhargava.

·         Preamble is the will & dream expressed by the people – Alladi Krishna Swami Iyer.

·         Preamble is the firm resolution & solid promise – J. Nehru

·         Preamble is like a key to open the minds of the makers of const. – Dyer