Based on : ‘Objective Resolution' of Nehru
Called
as : Soul of the
Constitution, while constitution is body.
Preamble is the foundation stone, the Constitution is
the building standing on it.
Preamble is the ideal, the Constitution along with its various
articles are a means to realize this ideal.
The makers of the Indian Constitution expressed basic tenets of the
political system and its inspirations and ideals through the Preamble to the
Constitution.
Read as
"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 ourselves this
Constitution."
NOTE: The original 1950 constitution stated "SOVEREIGN DEMOCRATIC
REPUBLIC" and "unity of the Nation", the words "SOCIALIST
SECULAR" and "Unity and Integrity" were added via the 42nd
amendment during the Emergency in 1976.
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Topics To Be Read
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Is Preamble part of the Constitution?
Though the Preamble to the Constitution is non-justiciable, it is an
integral part of the Constitution. The Supreme Court has categorically ruled in
the cases of Beruberi Union (1960) and Keshvanand Bharat r (1973) cases, that
the Preamble is a part of the Constitution. Also, since the Preamble can be
amended in the like manner as the rest of the Constitution, it can be
recognised as a part of the Constitution.
Nature of the Preamble :
The Preamble to the Indian Constitution clearly indicates three aspects of the Constitution—
1. What is the source
of the Constitutional power ?
2.What is the nature
of the Indian Government ?
3. What are the aims
and objectives of the Constitution ?
The Preamble of the Indian Constitution declares India as Sovereign,
Socialist, Secular, Democratic Republic. These ideals, on the one hand, remind
us of our glorious past and represent our future aspirations and expectations
on the other
Sovereign: The word ‘Sovereign’ emphasis that India is no
more dependent upon any outside authority. It means that both internally and
externally India is sovereign. It’s membership of the Commonwealth of Nations
and that of the United Nations Organization do not restrict her sovereignty.
Socialist: The term socialist has been inserted into the
preamble by the Constitution 42nd Amendment Act, 1976. Though the word
“Socialism” has no definite meaning, in general, the word means some form of
ownership of the means of production and distribution by the State. The degree
of State control will determine whether it is democratic State or Socialistic
State. India has, however, chosen its own brand of socialism which is mixed
economy.
Secularism: The term Secularism means a State which has no
religion of its own as recognized religion of the State. It treats all
religions equally. In a Secular State, the State regulates the relationship
between man man. It is not concerned with the relation of man with God.
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 term Republic signifies that there shall be
an elected head of the State who will be the chief executive head
Cases Related to Preamble:
Keshavananda Bharti v State of Kerala, -1973: Objectives of the Preamble are part of
basic structure and hence they cannot be amended even by a constitutional
amendment because it will be in violation of the basic structure.
S R Bommai and Others v Union of India, 1994: Features of secularism as envisaged in
the Preamble is to mean that the state will have no religion of its own and all
persons will be equally entitled to the freedom of conscience and the right
freely to profess, practice and propagate the religion of their choice.
Some fill in the blanks on preamble of the Indian Constitution.
1. Preamble taken from which country’s constitution ____________________
2. Whats date specified in the preamble telling about the date of effect ____________________
3. On which day did the preamble came into force ____________________
4. In which case the SC ruled that preamble is not a part of the constitution ___________________
5. In which case the SC held its earlier opnion and ruled that preamble is part of constitution ____________________
6. Parliament can ammend the preamble or not? Which case first this arose ____________________ what judgment did the SC ruled ____________________
7. Till now how many times preamble was amended ____________________
8. When was the first amendment to preamble done ____________________
9. Name the words added by the first amendment to the preamble ____________________
10. Today whether preamble is part of constitution or not? ____________________
11. Cannot parliament amend the preamble the constitution? ____________________. Whats the restriction imposed to do so if allowed ____________________
Answers Please
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