Preamble to the Constitution. The term preamble, as defined in the Oxford Dictionary, connotes an opening statement that elucidates the purpose of any book, document, philosophy, bill, statute, etc. The Black's Law Dictionary defines it as a clause that exists at the beginning of a constitution or statute consisting of an explanation regarding its enactment and the objectives for which it is passed. The Webster dictionary defines it as an introductory statement made for the purpose of clarifying the intent of the law and for mentioning the reasons for the enactment. The Britannica dictionary defines it as a statement that is made at the introduction of a legal document which generally gives the reason and explanation for the parts that follow.
In the words of Sir Aladhi Krishnaswamy, Preamble is something that expresses what we thought for or dreamt for so long. The Preamble of the Constitution of India was first introduced on the 26th of November 1949. But Indian Preamble of the Constitution started its action on 26th of January 1950. The Preamble of the Constitution of India was introduced by the Constituent Assembly and the day on which the Preamble of the Constitution came into effect, 26th of January, is celebrated as Republic Day every year in India. The Preamble to the Constitution of India is a concise introductory statement that that outlines the fundamental values, principles and objectives of the Indian Constitution. It serves as a guiding framework for the interpretation and implementation of the Constitution.
The preamble was adopted along with the Constitution on January 26, 1950, the day when India formally became a republic. The 42nd Amendment Act of 1976 made significant changes to the Preamble of the Constitution of India. The primary altercations included the insertion of the terms Socialist and Secular in the Preamble.
Prior to the amendment, the Preamble read, We, the people of India, having solemnly resolved to constitute India into a sovereign, democratic, republic. and to secure to all its citizens, the 42nd Amendment modified the Preamble to include the terms socialist and secular and the amended Preamble here onwards. 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, the Preamble of the Constitution of India reads as follows, We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic, and to ensure to all its citizens justice, social and economic and political, liberty of thought, expression, belief, faith and worship.
equality of status and opportunity, and to promote among them all fraternity, assuring the dignity of the individual and the unity and integrity of the nation. Moving ahead to the key elements of the preamble. Firstly, we, the people of India, emphasises that the power and authority of the Constitution emanates from the people of India.
indicating the democratic nature of the governance. reinforces the idea that the constitution is not imposed but is a product of the collective will of the people. Sovereign Socialist Secular Democratic Republic The term sovereign means the independent authority of the state. It means the state has control over every subject and no other authority or external power has control over it.
So the legislature of a country has the power to make laws in the country with restrictions keeping in mind imposed by the constitution. India is an independent nation with complete authority over its internal and external affairs. The term socialist denotes democratic socialism.
It means a political economic system that provides social, economic and political justice, signifies a commitment to achieving a socialist society by reducing economic inequalities and promoting social justice. It implies a society where wealth and resources are distributed in a way that benefits all citizens. Moving ahead, the term secular. India maintains a secular state, ensuring equal treatment of all religions and there is no official state religion. The constitution states India as a secular state.
The citizens have their own view of life and can choose their religion as they like. The state provides full freedom to the people to practice any religion of their choice. The state treats all religions equally with equal respect. and cannot discriminate between them.
The state has no right interfering with the people with their choice of religion, faith or idol of worship. The term democratic is derived from the Greek words where demos means people and kratos means authority. These terms collectively mean the government is constructed by the people. India is a democratic state. as the people elect their government at all levels.
That means union, state and local or ground level. Everyone has the right to vote irrespective of their caste, creed or gender. Republic India has a republic form of government. As the head of the state is elected and not a hereditary monarch, like a king or a queen, the term republic is obtained from res publica. that means public property or commonwealth.
It means the power to elect the head of the state for a fixed term lies within the people. Justice social, economic and political. Social justice.
Social justice refers to the fair and equitable distribution of resources, opportunities and privileges within a society. Objective The Constitution aims to eliminate disparities and inequalities based on caste, religion, race and gender. Measures, policies such as reservations in education and employment, as well as laws against untouchability and discrimination are intended to promote social justice.
Economic Justice Economic justice evolves. ensuring that wealth and economic opportunities are distributed fairly among all sections of society. The objective? The Constitution seeks to reduce economic disparities and promote the well-being of all citizens.
Measures? The Directive Principles of State Policy, also known as the DPSP, in the Constitution provides guidelines for the government to work towards economic justice through measures such as equitable distribution of resources and preventing concentration of wealth. Moving ahead with Political Justice. Political justice pertains to the equal participation of all citizens in the political processes and decision making of the country.
The objective for the same, the Constitution aims to establish a democratic system where every citizen has an equal opportunity to participate in the political life of the nation. Measures, universal adult suffrage, regular elections, and the concept of one person, one vote are fundamental principles ensuring political justice. The Constitution provides for the representation of various communities through reservations in legislative bodies. Moving ahead, liberty of thought.
Expression, belief, faith and worship guarantees fundamental freedoms for the citizens, thought and expression, freedom of speech and expression, belief and faith, freedom of conscience and the right to profess, practice and propagate any religion. Worship, freedom to worship according to one's own conscience. The next part, equality of status and of opportunity, emphasizes equality among citizens, both in terms of status and opportunities, promoting social justice.
Equality of status, all citizens are equal before the law, and there is no discrimination based on caste, creed, gender, or religion. Equality of opportunity provides equal opportunities in matters of importance. employment and prevents discrimination. Fraternity, assuring the dignity of the individual and the unity and integrity of the nation, stresses the need for unity and a sense of brotherhood among the citizens, aiming to prevent discrimination and foster a spirit of solidarity. Fraternity promotes a sense of brotherhood and common citizenship.
Dignity of the individual ensures the protection of the dignity and rights of every individual. Unity and integrity of the nation emphasizes the need to maintain the unity and integrity of the nation. The preamble encapsulates the aspirations and ideals of the framers of Indian constitution, serving as a guiding light for the nation's governance and legal interpretation.
It reflects a commitment to democratic principles, social justice, secularism and the protection of individual liberties. Historical Background of the Preamble The historical background of the Preamble can be traced back to its struggle for independence and the framing of the Constitution. Here is a brief historical context. British Colonial Rule India was under British colonial rule. for nearly 200 years.
The struggle for independence gained momentum in the late 19th and the early 20th centuries, with leaders like Mahatma Gandhi advocating for freedom and self-rule. The Constitutional Assembly and Independence from 1947 to 1950. As India approached independence, the need for a constitutional framework became evident. The Constitutional Assembly was formed in 1946 to draft a constitution for the independent nation. Dr. B. R. Ambedkar was appointed as the chairman of the drafting committee.
The drafting of the Constitution from 1946 to 1949 The drafting of the Constitution was a complex process that involved discussions, debates and contributions from various leaders. representing different ideologies and regions. The Constituent Assembly debated various constitutional provisions and the preamble was adopted after considering several drafts.
The next step in history was objective resolution in 1946. The preamble's language was influenced by the objective resolution moved by Jawaharlal Nehru on December 13, 1946. The objective resolution outlined the ideals and goals that the Constituent Assembly sought to achieve in the Constitution. It emphasized justice, liberty, equality and fraternity. Influence of International Documents The preamble also reflects the influence of various international documents and principles and ideals such as justice, liberty, equality and fraternity are in line with the ideals enshrined in the Universal Declaration of Human Rights. Adoption of the Preamble The Preamble as we know it today was adopted on January 26, 1950, when the Constitution of India came into effect.
The adoption of the Preamble marked the commencement of the Republic of India. The Preamble declares India to be a sovereign, socialist, secular and democratic republic. ensuring justice, liberty, equality and fraternity for its citizens.
It reflects the aspirations of the people and the values that the nation seeks to uphold. Over the years, the preamble has served as a guiding light for the interpretation and implementation of the Constitution's provision. This leads us to an important question. Is the preamble a part of the Constitution? The preamble is the...
preface of the Constitution. It contains the ideals and principles of the Constitution and reflects the purpose or the objectives that were constitutions seek to achieve. The question remains whether it is a part of the Constitution was finally settled in the case one and the Bharti case.
One of the most important landmark cases in the country where the Honorable Supreme Court held that. Firstly, The Preamble of the Constitution will now be considered a part of the Constitution. Secondly, the Preamble is not the supreme power of source of any restriction or prohibition, but it plays an important role in the interpretation of statutes and provisions of the Constitution. Third, the Preamble is unamendable and it cannot be varied, altered or repeated, and that the Preamble is a part of the Constitution and relates to the basic structure or the framework of the Constitution.
Concluding, the preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is the key to the Constitution. It is a jewel set in the Constitution.
These were the famous words of Pandit Thakur Das Bhargav, the former member of the Constituent Assembly of India. The Preamble serves as a guiding philosophy, setting the tone for the entire Constitution and represents the aspirations of the people for justice, liberty, equality, fraternity in a sovereign, socialist, secular and democratic republic. The Preamble to the Constitution of India serves as a successant and powerful declaration of the nation's foundational values and aspirations.
It encapsulates the ultimate objective that the Constitution seeks to achieve for the people of India. It serves as the crown of the Indian Constitution, which is the longest and the lengthiest Constitution compared to that of any other sovereign country.