Preamble [Polity for UPSC]

 

INTRODUCTION

-> Preamble is a key to unravel the minds of the makers of the Constitution. It is, Preamble that serves as an introduction to the Constitution

-> In December 1946, the foundations of the Preamble were laid down in the ‘Objectives Resolution’[22 January 1947] moved by Jawaharlal Nehru before the Constituent Assembly

INGREDIENTS OF THE PREAMBLE

-> Date of its adoption - November 26, 1949 as the date

-> Nature of the Indian State - Sovereign, socialist, secular, democratic and republican polity

-> Statement of Its objective - Justice, liberty, equality and fraternity

-> Sources of the Constitution - Derives its authority from the people of India

CONCEPTS

1. Sovereign

-> Sovereign power is that which is absolute and uncontrolled

-> ‘Sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state- free to conduct its own affairs (both internal and external)

2. Socialist

-> Added by 42nd Amendment Act, 1976

-> Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’)

-> Democratic socialism- holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side

-> Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards the Gandhian socialism

3. Secular

-> Added by 42nd Amendment Act, 1976

-> India has positive concept of secularism i.e., all religions in our country (irrespective of their strength) have the same status and support from the state.

4. Democratic

-> 2 types - Direct and Indirect Democracy

-> Direct democracy - devices - Referendum, Initiative, Recall and Plebiscite

-> Indirect democracy - Representative Democracy - 2 types(Parliamentary[followed in India] and Presidential)

5. Republic

-> India is a Republic because the head of the State is not a hereditary monarch

-> Instead, he is elected by the people for a fixed term of five years.

6. Justice

-> The ideal of justice–social, economic and political–has been taken from the Russian Revolution

-> Justice, as a concept involves fair, moral, and impartial treatment of all persons

-> Social Justice - Every person has equal personality, his place is important

-> Economic Justice - Provide economic freedom and equality

-> Political Justice - Every citizen should enjoy their right to vote

7. Liberty

-> The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship.

-> Derived from French consitution

-> ‘Liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities

-> These rights are guaranteed to the individuals by the Constitution by providing the six democratic freedoms (Art. 19) and Right to Freedom of Religion (Arts. 25-28) 

8. Equality

-> Equality means absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination

-> Derived from French revolution

-> Art. 14, Art. 15, Art. 16, Art. 17, Art. 18

9. Fraternity

-> Derived from French revolution

-> Fraternity means “Sense of brotherhood”- to assure two things– the dignity of the individual and the unity and integrity of the nation.

PREAMBLE AS PART OF THE CONSTITUTION

-> In the Berubari Union case (1960), the Supreme Court specifically opined that Preamble is not a part of the Constitution

-> But, in the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution

-> In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution

AMENDABILITY OF THE PREAMBLE

-> Kesavananda Bharati case (1973)

-> The Supreme Court, held that the Preamble is a part of the Constitution and Preamble can be amended, subject to the condition that no amendment is done to the “basic structure”

->  42nd Constitutional Amendment Act, 1976 has added three new words–Socialist, Secular and Integrity–to the Preamble