PREAMBLE TO THE 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.
SOVEREIGN
It means that India is no more dependent upon an outside authority. India is free to take its decision for its internal administration and external affairs. Indian membership of Common Wealth of Nations and that of UNO is a self-imposed limitation and do not restrict her sovereignty.
SOCIALIST
This word was inserted in the preamble by the Constitution 42nd Amendment Act. 1976. The word socialism has no definite meaning and it has been invariably used in both type of Constitution – Democratic and Communistic. Generally, the term implies a system of government in which the means of production is wholly or partially controlled by the state. In India, socialism is, however a democratic socialism and not a communistic socialism. For this purpose, the preamble has combined both the word socialism and the democracy.
EXCEL WEAR V. UNION OF INDIA
The Supreme Court held that addition of the word socialist might enable the courts to lean more in favour of nationalization and state ownership of an industry. But so long as private ownership of industries is recognized and governs an overwhelming large proportion of our economic structure, principles of socialism and social justice cannot be pushed to such and extent so as to ignore completely, or to a very large extent, the interest of another section of the public, namely- the private owners of the undertaking.
D.S. Nakara V. UNION OF INDIA
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 provide security from cradle to grave. This amongst others on economic side envisaged economic equality and equitable distribution of income. This is a blend of Marxism and Gandhism leaning heavily towards Gandhism Socialism.
SECULARISM
The term ‘Secularism’ means a State which has no religion of its own as recognized religion of state. It treats all religions equally. In a Secular state the state regulates the relation between man and man. It is not concerned with the relation of man with God. The concept of secularism was already implicit in the Constitution, liberty of belief, faith and worship. (Articles 25 to 28)
St. Xavier college v. state of Gujarat.1974
The supreme court has said, “although the words ‘secular state’ is not expressly mentioned in the constitution but there can be no doubt that constitution-makers wanted to establish such a state” and accordingly Articles 25 to 28 have been included in the Constitution.
S.R. Bommai v. Union of India
Secularism is the basic feature of the Constitution.
Aruna Roy v. Union of India
Secularism has a positive meaning that is developing, understanding and respect towards different religions.
DEMOCRATIC
The tern ‘democratic; indicates that the constitution has established a form of Government which gets its authority from the will of the people. The rulers are elected by the people and are responsible to them. Justice, Liberty, Equality and Fraternity which are essential characteristics of a democracy are declared in the Preamble of the constitution as the very objectives of the constitution. The democratic set up can be of two types; (i) Direct, and (ii) Indirect In a direct democracy the legal and political sovereignty vests in the people. In the indirect system of Democracy, it is the representatives of the people who exercise the power of legal as well as political sovereignty. The electorate chooses their representatives who carry on the Government. It is for this reason that this type of democracy is called representative democracy.
REPUBLIC
The term “REPUBLIC” signifies that there shall be an elected head of the state who will be the chief executive head. The President of India is not a hereditary monarch but an elected person chosen for a limited period. It is an essential ingredient of a Republic.
THE PURPOSES SERVED BY THE PREAMBLE
It indicates the sources from which the Constitution comes that is the people of India. It contains the enacting clause which bring into force the constitution “In our Constituent Assembly this 26th day of Nov. 1949 do hereby, Adopt, Enact and Give to ourselves this Constitution. It declares the great rights & freedom which the people of India intended to secure to all citizens and the basic type of government and polity which was to be established. The term democratic indicates that the constitution has established a form of governments which gets it authority from the will of the people.
Objectives contained in the preamble
(sequence of the words is important for prelim in law)
JUSTICE – Social, Economic, 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 & integrity of the Nation)
Which words were added by 42nd amendment Act added 3 words in the preamble –
1. Socialist
2. Secular
3. Integrity
Whether preamble is the part of the constitution?
No Re Berubari case
Yes Keshwanand Bharti case
Can preamble be amended under Art. 368?
This question was raised for the first time before the SC in Keshvanand Bharti case. SC held that preamble is a part of the Constitution & therefore it can be amended but subject to this condition that basic feature of the Constitution cannot be amended.
PREAMBLE HOW FAR USEFUL IN INTERPRETING THE CONSTITUTION
Preamble is of extreme importance & the Constitution should be read & interpreted in the light of the grand and noble vision expressed in the preamble. If the terms used in the Constitution are ambiguous & capable of two meanings in interpreting then, preamble can be resorted & the construction which fits the preamble may be preferred. The preamble was relied on in imposing implied limitation on the amending power of the Parliament under Art. 368 of the Constitution. In case of Keshwanand Bharti, it was held that the basic feature in the preamble cannot be amended.
IMPORTANT STATEMENTS
1. Preamble to the Constitution is key to open the mind of makers and shows the general purpose for which they made several. (Re Berubari case Gajendragadkar J)
2. Preamble was not a part. It could never be regarded as a source of any substantive powers. (Re Berubari case)
3. It has limited application in interpreting ambiguous provisions. If the terms used in the Constitution are ambiguous or capable of two meanings in interpreting then some assistance may be taken from the objectives enshrined in the preamble and the construction which fits the preamble may be preferred.
4. Preamble is the part of the constitution. (Keshwanand Bharti case)
5. It seems to me that Preamble of our constitution” is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision
expressed in the preamble Basic elements in the Preamble cannot be amended under art 368. (Keshwanand Bharti Case Sikri (C.J))
6. Preamble is the sum and substance of the Constitution. (Sajjan Singh Case Madholker J)
7. Preamble is the synopsis of those principles on which government has to work. It is the very soul of the constitution eternal and unalterable- (Golak Nath Case Hidayatullah)
8. Even though the Preamble is now taken to an inviolable part of the constitution. It also remains a fact that it is neither a source of any power nor a limitation there on. (Indira Gandhi V Raj Narayan)
9. Objectives specified in Preamble contain the basic features cannot be amended. Preamble is the floodlight illuminating the path to be persued by the State set up as a Socialistic, Secular, Democratic, Republic. (J. Desai & D.S. Nakara)
