PREAMBLE
Preamble of Indian Constitution is borrowed from U. S
It is also known as the summary of Indian Constitution. The preamble of our Constitution reflects the basic structure and spirit of Constitution. N. A palkiwala ( jurist and a constitutional expert ) called preamble “ Identity Card of our Constitution “ . K munship called it political horoscope.
It highlights the type and feature of society and government. Preamble is not justifiable but no law can be enacted in such a manner that it violates the spirit of Constitution.
The preamble of Constitution is fully inspired by objective resolution .objective resolution was introduced by pandit Jawahar Lal Nehru and adopted by constituent assembly. The preamble has been amended only once so far, in 1976. Which is 42nd constitutional amendment act 1976 it added 3 words in preamble. That are socialist, secular and integrity.
PREAMBLE
WE THE PEOPLE OF INDIA, ( source of authority) having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC (nature of Indian state) and to secure all its citizens.
JUSTICE, social, economic and political. LIBERTY, of thoughts, expression, belief, faith worship EQUALITY of status and of opportunity to promote peace among them all. FRATERNITY assuming the dignity of the individual and unity and integrity of the nation ( objective of our Constitution)
In our constituent assembly, this 26th of November, 1949 (adoption)
Do hereby adopt, “ enact and give to ourselves this Constitution. ( acceptance)
📌The idea of justice, social economic and political have been taken from the Russian Revolution. (1917 )
📌 The idea of Liberty, equality and fraternity was taken from French Revolution. (1789 -1799)
Words used in preamble :-
1. Sovereign
Sovereignty means free from external control, India is neither dependent and nor in dominion of any other country it is independent. No other authority is above it and it is free to conduct any internal and external affairs. Membership of international organization such as Commonwealth of nation and UNO does not affect sovereignty of India because the decision of those organization are not binding.
2. Socialist ( democratic socialism)
This term was added by 42nd amendment in 1976 socialist pattern of society was adopted in Avadi Session 1955. It means distribution of opportunity.
Types of socialism
• Democratic socialism
It is a socialism in which both public and private sectors co-exist. (mixed economy)
• Communistic socialism
It is also known as state socialism. In communistic socialism there is a nationalisation of all means of production and distribution also the abolition of private property.
Indian socialism is a democratic socialism and socialism aims to end poverty, ignorance, disease and inequality of opportunity. Indian socialism is combination of Gandhian and Marxist ideology.
3. Secular
This was also added through 42nd constitutional amendment act of 1976.
It means that our country does not have official religion or religion of state and all religion in country irrespective of strength have same status and support from the state. Article (25 – 28 ) talks about fundamental right of freedom of religion.
4. Democratic
It means that the possession of supreme power is to people. People are the supreme authority of government
Types of democracy
• Direct democracy
In this form of democracy people directly rules over country but it is not practical in India’s scenario due to huge population of India.
• Indirect democracy
In this form of democracy representatives of people rules over the country.
Indirect democracy is further divided into 2 categories :-
1. Parliamentary
2. Presidential
India follows indirect parliamentary democracy. Where executive is responsible to the legislature.
5. Republic
It means law or Constitution is the king. In this the head of the state is directly or indirectly elected for a fixed period of time.
Sovereignty remain in the hands of people not in hands of a individual like king. And all public offices are open to every citizen without any discrimination.
6. Justice
Justice means security of fundamental rights and directive principles.
Types of justice
• Social justice
Equal treatment of all citizens without any social discrimination based on caste , colour, race, sex or religion.
• Economic justice
No discrimination on the basis of economic factors like wealth, income and property.
• Political justice
All citizens have equal political rights, equal access to all political offices and equal voice in government.
Social justice + economic justice = distributive justice
7. Liberty
Liberty means absence of Restraints on the activities of individuals and at same time providing opportunity for development of individual personality.
Liberty of thought, expression, belief, faith and worship are enforceable in court of law in case of violation.
Whereas liberty does not means license to do what one likes it is not absolute it is qualified which means it have certain limitations.
8. Equality
Equality means treatment of all citizens in same way. Situation in which everyone has the same rights and advantages. It indicates fairness.
9. Fraternity
Fraternity means sense of brotherhood. It promotes mutual harmony in country. Constitution promote fraternity by system of single citizenship.
Article 51 A says that it is the duty of every citizen of India to promote harmony and spirit of common brotherhood among all people of India transcending religion, linguistic , regional or sectional diversities.
Case laws
Berubari 1960- preamble is not a part of Constitution
Keshwananda Bharati – preamble is integral part of Constitution.
