The constitutions all over the world generally start with a preamble. The term itself refers to the introduction or preface to the constitution. It sets out the ideals and the goals which our constitution-makers intended to achieve. The preamble is also used to explain and elucidate the ambiguous pat of the provisions of the constitution. Therefore, the preamble is regarded as a key to opening the mind of the makers of the constitution.
The preamble of the Indian constitution:
The preamble of the Indian constitution is based on the objective resolution, drafted and moved by Pandit Jawaharlal Nehru on December 13, 1946, and adopted by the constituent assembly on January 22, 1947. Since the inception of the constitution, the preamble has been amended once, by the 42nd amendment act, (1976), and added three new words- socialist, secular, and integrity.
Though the Preamble is non-justifiable, that is, its provisions are not enforceable in courts of law, it is a part of the constitution and can be amended without altering the basic features of the constitution, which are enshrined in the Preamble.
The preamble of the constitution of India can be read as follows-
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 opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individuals 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 TO OURSELVES THIS CONSTITUTION.
It sets out the following components or ingredients of the constitution:
A). Source of the authority of the constitution is the people of India.
B). It sets out the nature of the Indian state as sovereign, socialist, secular, democratic, and republic.
C). It also lays down what our constitution tries to achieve in the long run- justice, liberty, equality, and fraternity.
The keywords of the preamble:
A). Sovereignty: The word sovereignty is derived from the Latin word Superanus, which means supreme power, neither a dependency nor a dominion of any other nation. India is an independent country, which is mentioned in its preamble. It is free to conduct its affair, both internally as well as externally. Sometimes a question arises whether the membership of any international organization affects India’s sovereignty. But the answer is India’s membership in any international organization, whether Commonwealth or nations or united nations organization will not in any way impact Indian sovereignty.
B) Socialist: The word socialist was added by the 42nd amendment word (1976). The idea of socialism was already present in the Indian political scenario. It was evident in the resolution adopted by the Congress party in its Avadi Session, 1955. The resolution clearly states the pattern of socialistic pattern of society where the principle means of production are under the social ownership or control, production is progressively speeded up and there is equitable distribution of national wealth. Indian brand of socialism is democratic socialism which holds faith in a mixed economy, where both the public and private sector exists side by side intending to end poverty, ignorance, disease, and equality of opportunity.
C) Secular: The word secular was added to the constitution by the 42nd amendment act, of 1976. However, the constitution-makers have incorporated the concept of positive secularism i,e., all religions in our country have the same status and support from the state, in the list of fundamental rights from articles 25 to 28.
D) Democratic: The term democracy enshrined in the preamble embraces both political as well as social and economic democracy. The Indian constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its actions and policies. Some of the principles included in Indian politics are a universal adult franchise, periodic elections, rule of law, independence of the judiciary, absence of discrimination on certain grounds, etc. Which shows democratic character.
E). Republic: A Republic country is one where the head of the state is elected directly or indirectly but never selected. India is a republic country where the head of the state i,e, the President is elected indirectly for 5 years.
F). Justice: An idea inspired by the Russian revolution of 1917, the kind of justice the Indian constitution wants to establish in three broad spheres- socio-economic (distributive justice) and political spheres. Social justice denotes the absence of privileges for any particular section of the society and eliminating discrimination based on caste, color, race, religion, sex, and so on. Economic justice aims at the elimination of glaring inequalities in wealth, income, and property.
Political justice refers to granting equal political rights to all citizens whether in the sphere of access to political offices or voice in the government
G) Liberty: The constitution of India grants to every citizen liberty of thought, expression, belief, faith, and worship. It does not mean liberty to do whatever an individual wants but to enjoy his liberty within the limitations prescribed in the Constitution. Thus the liberty prescribed in the preamble is not absolute but qualified.
H). Equality: The term equality refers to the absence of special privileges for any particular section of society and providing equal opportunity to all individuals without any discrimination. The preamble of India tries to grant to all its citizen’s equality of status and opportunity, which it tries to establish through the various provisions mentioned in the constitution, the prominent being the right to equality from article 14 to article 18.
I). Fraternity: The term fraternity refers to a sense of common brotherhood. The fraternity has to ensure two things-
a). Dignity of the individual- that the personality of every individual is sacred, which is highlighted through the various provisions of the fundamental rights, directive principles, and fundamental duties.
b). Unity and integrity of the nation- The word integrity has been inserted in the preamble by the 42nd amendment act 1976. The unity of the country is of utmost importance at both psychological and territorial levels. Article 1 of the Indian constitution clearly states that India that is Bharat shall be a union of states, and the units have no right to secede. Moreover, the constitution also aims to eliminate the various hindrances to national integration like regionalism, communalism, casteism, and so on.
The preamble thus embodies the basic principles which our founding fathers wanted to realize for the people of their motherland. The constitution mentions elaborate provisions for establishing these principles. Thus we can conclude with the words of a distinguished English political scientist Sir Ernest Barker, preamble of the Indian constitution states” in a brief and pithy form the argument of much of the book and it may accordingly serve as a keynote. “