Preamble to the Constitution of India

Definition and Purpose

• Preamble: An opening statement explaining the purpose of a document.
  • Oxford Dictionary: Opening statement for books, documents, etc.
  • Black's Law Dictionary: Clause at the beginning of a constitution/statute explaining its enactment and objectives.
  • Webster Dictionary: Introductory statement clarifying the intent of the law.
  • Britannica Dictionary: Introductory statement giving reason and explanation for legal documents.

Introduction and Adoption

• First Introduced: November 26, 1949.
• Came into Effect: January 26, 1950; celebrated as Republic Day.
• Introduced by: Constituent Assembly of India.

Key Elements of the Preamble

• "We, the people of India":
  • Power originates from the people, indicating democratic governance.
• Sovereign Socialist Secular Democratic Republic:
  • Sovereign: Independent authority; control over internal/external affairs.
  • Socialist: Democratic socialism; social and economic justice, reduce inequalities.
  • Secular: Equal treatment of all religions, no state religion.
  • Democratic: Government by the people; elections at all levels.
  • Republic: Elected head of state, not hereditary monarch.
• Justice: Social, Economic, Political
  • Social Justice: Fair distribution of resources and opportunities.
  • Economic Justice: Fair distribution of wealth.
  • Political Justice: Equal participation in political processes.
• Liberty of Thought, Expression, Belief, Faith, and Worship: Fundamental freedoms for citizens.
• Equality of Status and Opportunity:
  • Equality before the law, no discrimination.
• Fraternity:
  • Dignity of the individual: Protection of dignity and rights.
  • Unity and integrity of the nation.

Historical Background

• British Colonial Rule: Nearly 200 years; movement for independence.
• Constituent Assembly (1946): Drafted the Constitution.
• Dr. B. R. Ambedkar: Chairman of the drafting committee.
• Objective Resolution (1946): Ideals of justice, liberty, equality, fraternity.
• Influence of International Documents: Aligns with Universal Declaration of Human Rights.
• Adopted: January 26, 1950.

Importance and Legal Status

• Is the Preamble part of the Constitution?
  • Kesavananda Bharati Case: Affirmed Preamble as part of the Constitution.
  • Not the source of power, but aids in interpretation.
  • Considered unamendable.

Conclusion

• Significance:
  • Represents foundational values and aspirations.
  • Guides constitutional interpretation and governance.
  • Described as the soul, key, and jewel of the Constitution.
• Ultimate Objective: Achieve justice, liberty, equality, and fraternity in a sovereign, socialist, secular, and democratic republic.