After the attainment of independence the people of India were looking for a government of their own to fulfill the aspiration they had cherished during the freedom struggle. As the leader had promised that after the independence India will have a government based on the of democracy and justice, it was hence, necessary to give a proper shape to these ideas and ideals .These were enshrined by the constituent assembly in the constitution of India
The constitution is the document of the founding faith of a nation and the fundamental direction of their fulfillment. So much so…an organic, not pedantic, approach to interpretation, must guide the judicial process. The healing art of harmonious construction, not the tempting game of hair-splitting promoters the rhythm of the rule of law.
The term ‘preamble’ means the introduction to the statue. It is the introductory part of the constitution intend to achieve through the constitution .the preamble generally sets the ideals and goal which the maker of the constitution intend to achieve through the constitution.
In simple words the preamble serves as an introduction to the constitution and highlights in brief the basic ideas for which the constitution and what the frame of the constitution sought out to achieve for tee citizen of India.
The to the constitution of India is a brief introductory statement that sets out the guiding purpose principles and philosophy of the constitution .
Preamble gives the idea about the following
1. The source of the constitution
2. Nature of Indian state
3. A statement of its objective
4. The date of its adoption
The words “socialist, secular and integrity” have been incorporated in the 42nd amendment of the constitution in 1976.
The phrase “WE THE PEOPLE OF INDIA” emphasis that the constitution is mad by and for the Indian people and not given to them by any outside power .It also emphasis the concept of popular sovereignty as laid down by Rousseau. All the power emanates from the people and the political system will be accountable and responsible to the people.
NATURE OF INDIAN STATE
1. Sovereign: India is internally and externally sovereign –externally free from the control of ay foreign power and internally, it has a free government which is directly elected by the people and makes law that govern the people. No external power can dictate the government of India.
2. Socialist: “socialism” as an economic philosophy where means of production and distribution are owned by the state. India adopted Mixed economy, where apart from state, there will be private production too. Socialism as a social philosophy stresses more on the societal equality
3. Secular : Feature of secularism as envisaged in the preamble is to mean that the state will have no religion of its own ad all person will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice
4. Democratic: Indicates that the constitution 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.
5. Republic: As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected by an electoral college for a term of five year. The post of the president of India is not hereditary .Every citizen of India is eligible to become the president of the country.
OBJECTIVE OF INDIAN STATE
• Justice: social, economic and political
• Equality: of status and opportunity
• Liberty of thought, expression, belief, faith and worship
• Fraternity: assuring the dignity of the individual and the unity and integrity of the nation
The ideal of justice implies a system where individual can realize their full potential. In the view of our founding father it is not enough that there is political or legal justice .political and legal justice is a myth unless accompanied by social and economic justice. Social justice implies all social discrimination like caste or untouchability must be ended. Economic justice implies that economic exploitation should be ended. However, social and economic justice still remains unrealized dream
The ideal of liberty aims at ensuring these freedoms which make men really free. Liberty to be meaningful must mean liberty of thought, expression, belief, faith and worship. The concept of liberty is essentially political in nature. Non-mention of the economic liberty is certainly a drawback of the preamble.
The ideal of equality is aimed at removing discrimination between citizens. This is particularly important in the Indian society. Vitiated by caste system and untouchability. But here again one should remember that equality in the social arena is bound to be empty unless accompanied by economic equality.
Family fraternity as an ideal is sought to be fostered to ensure the dignity of the individual and unity of the nation. One should however note that a fraternal feeling among Indians would grow only in proportion to the realization of the ideals of justice, liberty and equality. Thus fraternity is not an independent ideal but a resultant of the successful of important ideals listed earlier
DATE OF ITS ADOPTION
Date of adoption of the constitution is 26th November 1949. But most of the articles in the constitution came into force on January 26th 1950. These articles which came into existence on 26th November 1949 is given by Article 394.
1. Re:berubari union(1)(1960)3SCR 250
Berubari case was the president reference under art.143(1) of the constitution of India on the implementation of the Indo-Pak agreement relating to Berubari union and exchange of enclaves’ which come up for consideration by bench consisting of eight judge headed by B.P Sinha C.J justice Gajendragadekar delivered the unanimous opinion of the court. Quoting story, the eminent constitutional jurist, the court held that the preamble to the constitution the declaration made by the people f India in exercise of their sovereign will, n doubt is “a key to open the minds of framer of the constitution” which may show the general purpose for which they made the several provision in the constitution .
2. Kesavananda Bharati V. state of Kerala (1973) 4 SCC 225
Kesvanada Bharati case was created a history. For the first time, a bench of 13 judges assembled and sat in its original jurisdiction hearing the petition. 13 judges placed on record 11 separate opinions. The majority of the judges have held in the cases.
a. That the preamble to the constitution of india is a part of constitution
b. That the preamble is not a source of power nor a source of limitation
c. The preamble has a significant role to play in the interpretation of statues also in the interpretation of provision of the constitution.
3. S.R.Bommai V.Union of india 1994 sc 1918
In this case it was ruled by the apex court that the secular which was inserted in the preamble in the 42nd Amendment 1976 forms the basic structure of the constitution.
Thus, the preamble to a constitution embodies the fundamental values and the philosophy, on which the constitution is based, and the aims and objectives, which the founding father of the constitution enjoyed the polity to strive to achieve.
Whether Preamble is a part of the Constitution
The proceeding in the constituent Assembly make it clear that the preamble to our constitution was enacted and adopted by the same procedure as the rest of the constitution. The preamble was put to vote, in the constitution assembly, b a motion which stated that the “preamble stands as a part of the constitution” and the motion was adopted. Referring to the history of the drafting and the ultimate adoption of the preamble, the Supreme Court in Keshvananda Bharati v. State of Kerala case laid down that the preamble to the Indian constitution was an integral part of the constitution.
To control I would like to highlight that the preamble highlights the very principles which the constitutional also drafted the preamble as a mirror and an introduction of the same. It would not be wrong to say that the spirit of the constitution s sufficiently summated in the preamble