Preamble has been taken from the Latin word Praembulus which means introduction and every act comes up with the Preamble. It is an introductory statement for any act or legislations which tells about the purpose, philosophy, ideas & aspirations, principles and objective. The Preamble is borrowed from US Constitution. When Supreme Court struck down article 377 of IPC, it also held one of the provision of the preamble i.e. dignity of individual. Therefore, preamble is the integral part of the constitution and it reflects upon the society.
The Preamble states:
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 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.
• ‘We the people’ are the Source of the Indian Constitution
• Sovereign, Democratic, secular, Socialist, Republic are the Nature of the Preamble • Justice, Equality, Liberty are the objectives of the constitution.
• The Preamble promotes fraternity for maintaining the unity and integrity of the nation Preamble was modified for only once in the 42nd amendment of the constitution and only three words were added i.e socialist, secular, integrity.
The Contents of the Preamble
Sovereign: The word “Sovereign” means India is an independent nation and it can manage the internal manages by itself. No external power can interfere in the internal matters of the India.
Socialist: The word “Socialist” was added to the Preamble by the 42nd Constitutional Amendment in 1976. Generally, we relate socialist word from communist theory which means, government has control over means of production either wholly or partially. The Socialist word is inspired from the philosophies of the Mahatma Gandhi and Jawaharlal Nehru and its objective is to establish ‘welfare state’
Secular: The term “Secular” means that all religions that equal respect, protection, and support from the state. It was also added to the Preamble by the 42nd Constitutional Amendment in 1976. India has positive secularism.
Democratic: “Democratic” indicates the Constitution established a form of government which is by the people, for the people, and of the people. Democracy is of two types, Direct and Indirect Representative. In India, we have Indirect Representative which is also called Representative form of Democracy.
Republic: In a Republic state, the head of the state is elected either directly or indirectly by the people.
Justice: The expression “Justice” embraces three forms: social, economic, and political through provisions of Fundamental and Directive principles.
Liberty: The word “Liberty” means the liberty of expression, thought, faith, belief, and worship. It also provides freedom from slavery, discrimination, despotism.
Equality: The word “Equality” provides equal status and opportunities to all the citizens and people of the country.
Fraternity: “Fraternity” means a feeling of brotherhood. The Preamble urges the people to assure the dignity of the individual and unity, the integrity of the nation.
The significance of the preamble is as follows:
• The preamble embodies the basic philosophy and fundamental values on which the constitution is based.
• It contains the grand and noble vision of the constitution assembly.
• It reflects the dreams and aspirations of the founding father of the constitution. • It reveals the source of the authority of the constitution i.e. the people of India in the opening words of it.
• It tells the nature of Indian state as sovereign, socialist, secular, republic and democratic polity.
• It specifies the objective of the constitution as justice, liberty, equality and fraternity to its people.
• It is also important in understanding the ambiguous provision of the constitution. • It helps the common man understand what our constitution is about, given the simple language, unlike the constitution itself which is tough to understand.
• It helps the Supreme Court in making judgments regarding whether a particular provision/legislation is in line with the spirit of the constitution.
Conclusion
Preamble has the major importance in the Indian Constitution and the legislation. Pandit Thakur Das Bhargava, a member of constitution assembly, was very right when he summed up the importance of the Preamble in following words – “The preamble is most precious part of the constitution. It is the proper yardstick with which can measure the worth of the constitution.”
-Isha Singh
IMS Law College, Noida
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