Understanding of Preamble.

Preamble:

The constitution of any country begins with preamble.

The term “Preamble” is a Latin word, which means “to go before”

It is a preface or a preliminary statement in writing.

According to Collins,

The term “Preamble” means, “The introduction to the statute”

It contains the ideals and goals, which the legislature is intending to achieve.

Preamble forms a basis to understand various provisions, objectives and aspirations intending to achieve.

The Supreme Court in BeruBari Case, said that, “Preamble is a key to open the minds of the constitution makers”

The Preamble declares that,

“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.

1. Justice: Social, economic and political
2. Liberty: Of thought, expression, belief, faith and worship
3. Equality: Of status, opportunity and to promote among them all
4. Fraternity: Assuring the dignity of an individual and the unity and the Integrity of the nation. 

In our constituent assembly this 26th day of November 1949, hereby,

Adopt, Enact and Give to ourselves this constitution.

Purposes:

The preamble serves the following purposes:

1. It contains the enacting clause which brings the constitution into force.
2. It indicates the source from which the constitution comes that is the people of India.
3. It declares the rights and freedoms, which the people of India have to secure.

42nd Amendment Act 1976 or

Sovereign, Socialist, Secular, Socialism, Secularism, Democratic, Republic:

The preamble of the constitution declares India to be Sovereign, Socialist, Secular, Socialism, Secularism, Democratic, Republic.

The word “Sovereign” means that India is fully independent and is no more dependent upon any outside authority.

The word “Socialist” and “Secular” was inserted in the preamble by the constitution in 42nd Amendment Act 1976.

The word “Socialism” is used in the democratic and socialistic countries and has no definite meaning.

The word “Secularism” means a state which has no religion of its own.

In other words, the state treats all the religions equally.

The word “Democratic” means a form of government which secures him authority/ power by the will of the people.

The word “Republic” means that there shall be an elected head of the state as the chief Executive Head. 

As such, the President of India is the Chief Executive Head.

Objectives:

The following are the objectives which the Preamble secures to every citizen:

1. Justice: Social, economic and political
2. Liberty: Of thought, expression, belief, faith and worship
3. Equality: Of status, opportunity and to promote among them all
4. Fraternity: Assuring the dignity of an individual and the unity and the Integrity of the nation. 

Justice: Social, economic and political:

The word “ Justice” briefly speaks about the harmonious reconcilement of an individual conduct with the general welfare of the society.

The word “Social Justice” means, “Abolition or removal of all sorts of inequalities which may result from the inequalities of wealth, opportunity, status, race, religion, caste etc”

All are treated equally in the society irrespective of their social status.

The word “Economic Justice” means, equal pay for equal work that every person should get his just dues for his labor irrespective of his caste, sex etc

The word “Political Justice” means, the absence of any unreasonable or arbitrary distinction among men in political matters.

 

Indian constitution has adopted the system of universal suffrage, which ensures that every citizen without any discrimination on the grounds of caste, race, sex, religion etc, has a right to vote and to contest the elections or to hold offices under the state.

Liberty: Of thought, expression, belief, faith and worship:

The word “liberty” is used in 2 senses i.e., negative and positive senses.

In negative sense, it means, the absence of all the arbitrary interference with the individuals action on the part of the state.

In positive sense, it means, it comprises of Rights or Liberties, which are considered essential for an individual to attain his potentialities and for the perfection of the national life.

Equality:Of status, opportunity and to promote among them all:

One of the most important objectives of the preamble is “Equality of status and opportunity, which can be secured to the people by abolishing all the discrimination by the state, between the citizen and the citizen on the grounds of religion, race, sex, place of birth and by throwing open the public places to all the citizens, by abolishing the untouchability and titles, by securing equality of opportunity in the matters relating to the employment or appointment to any office under the state.

Fraternity: Assuring the dignity of an individual and the unity and the Integrity of the nation: 

The term “Fraternity” means, a spirit of brotherhood, a feeling that all the people are the children’s of the same soil of the mother land.

It is made clear from the above that the source of the constitution is the people that are “We the People of India”.

Role of Preamble in the interpretation of the constitution:

There a 3 organs in the government i.e., Legislature, Executive and Judiciary.

The legislature makes the law, the executive is to implement the laws and the judiciary interprets the law.

Preamble helps the judiciary interpretating the laws particularly at the time of the conflict and to remove the ambiguity.

 

Whether Preamble is a part of the Constitution:

In BeruBari’s case,

The Supreme Court held that, the preamble was not a part of the constitution.

In Kesavananda Bharti’s Case,

The court held that, the preamble is a part of the constitution and it is of extreme importance and the constitution should be read and interpreted in the light of the grand and the noble vision is expressed in the preamble. 

 

Stay Tuned!!!