Preamble to the Constitution of India
The Preamble to the Constitution of India is "Declaration of Independence" statement & a brief introductory that sets out the guiding principles & purpose of the document.It is the soul of the Indian Constitution, written by the Father of Indian Constitution Dr. B. R. Ambedkar.
Proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood. Preamble is not an integral part of the Indian constitution was once decided upon by the Supreme Court of India in the BeruBari case; therefore it is not enforceable in a court of law. However, the Supreme Court of India has, in the Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. Supreme Court held that the Preamble is an integral part of the Constitution.
The preamble-page, along with many other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha . As such, the page bears Beohar Rammanohar Sinha's short signature Ram in Devanagari lower-right corner.
|“||WE, THE PEOPLE OF INDIA, HAVING SOLEMNLY RESOLVED TO
constitute INDIA INTO A "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" AND to secure 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 individual the unity and integrity of nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
A preamble is an introductory and explanatory statement in a document that explains the document's purpose and underlying philosophy.It is considered as the key to understand the constitution . When applied to the opening paragraphs of a law enacted by legislative body, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. The Preamble of our constitution is the introductory statement set out the guiding purpose and principal of the Constitution.It is based on the Objective Resolutions presented by Jawaharlal Nehru in the constituent assembly.
It signifies the democratic principle that power ultimately rests in the hands of the people. It also emphasizes that the constitution is made by and for the Indian people and is not given to them by any outside power (such as the British Parliament). The wording is close to the preamble to the constitution, which had been adopted in 1937; it reads "We, the people of India ... Do hereby adopt, enact, and give to ourselves this Constitution". The phrase "we the people" emphasizes upon the concept of popular sovereignty as laid down by J. J. Rousseau. All the power emanates from the people and the political system will be accountable and responsible to the people.
The word sovereign means supreme or independence. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. She allies in peace and war. The Popular sovereignty is also one of the basic structures of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives in elections held for parliament, state legislature and local bodies as well. People have supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India.All the people are free in a limit to do their work in their own opinion.
Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Under social equality, everyone has equal status and opportunities.
Economic equality in this context means that the government will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasized a commitment towards the formation of a welfare state. India has adopted a socialistic and mixed economy and the government has framed many laws to achieve the aim.Government should regulate the ownership of land and industry to reduce social and economic problems .
See main article:Secularism in India
The word secular was added to the Preamble by the Forty-second Amendment during the Emergency in 1976. Citizens have complete freedom to follow any religion, and there is no official religion. The Government treats all religious beliefs and practices with equal respect and honor.
The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly indicate the democratic spirit involved even in the Constitution. India is a democracy. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult franchise; popularly known as "one man one vote". Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour, sex, religion or education.
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, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every single citizen of India is eligible to become the President of the country. The leaders of the state and local bodies are also elected by the people in similar manner.
On 18 December 1976, during the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution of India. A committee under the chairmanship of Sardar Swarn Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the phrase "unity of the Nation" was changed to "unity and integrity of the Nation".
- Aditya Singh, Preamble of Indian Constitution and its significance.
- Gajendragadkar, P. B. (14 March 1960). "Supreme Court of India In Re: The Berubari Union And ... vs Unknown". Indian Kanoon. Retrieved November 13, 2012.
- "The Constitution (Forty-Second Amendment) Act, 1976". Government of India. Retrieved 1 December 2010.
- "61st Amendment".