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The Preamble of Indian Constitution – Meaning and Significance

Preamble-of-Indian-Constitution

Did you know that no reading of any Constitution of India would ever be complete without reading the Preamble of the Indian Constitution completely? Actually, Preamble serves as the introduction to the Indian constitution, which was amended by the 42nd Constitutional Amendment Act 1976. It is typically determined to constitute India into a socialist, sovereign, democratic, secular, and republic.

It also secures Fundamental rights such as liberty, equality, and justice to all Indian citizens and then promotes fraternity among them. Continue reading to know about the history, objectives, keywords, and present status of the preamble of the Indian Constitution!

What is the Preamble History Background?

The term Preamble indicates the introduction to the statute, which is typically an introductory part of the Constitution. The preamble to the Indian constitution always records the aims and aspirations of the Indian people, which have been translated into several provisions of the constitution. The preamble of India does not grant any power, but it renders a purpose and direction to the Constitution of India. It only outlines the objective and scope of the whole constitution. It comprises the fundamental of the Indian constitution.

The preamble of the Indian constitution is actually based on Jawaharlal Nehru’s objective of resolution. On 13 December 1947, it was introduced and adopted on 22 January 1947 by the Constituent Assembly.  Interestingly, preamble adopted by the Constituent Assembly only after the approval of Draft Constitution. The first country that started with the preamble was the American Constitution. Later on, other countries, such as India, started to follow this practice in their nation.

The preamble of the Constitution of India is a comprehensive introductory statement that sets out the guiding purpose as well as principles of the document.  Including preamble and other pages of the original Indian constitution designed and decorated by the Ram Manohar Sinha of Jalapur solely. Thus, the page has the short signature of Deodhar Ram Manohar Sinha’s Ram in the lower right corner.

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The Important Cases One Must Know Regarding the Preamble of India

Beru Bari case

The preamble is not a vital part of the Indian constitution, which was decided upon by the Supreme Court in the Beru Bari case. Thus, it is not at all enforceable in a court of law.

Kesavnanda case

In the Kesavnanda case, however, the Supreme Court of India has recognized that Preamble may be utilized to interpret uncertain areas of the Indian constitution where different interpretations are available themselves.

LIC of India vs. Union Government

In the case of LIC of India vs. Union Government held in 1995, the Supreme Court has again declared that preamble of India is the vital aspect of the constitution.

What are the Texts Available in the Indian Preamble?

Here are the texts available on the preamble of the Indian constitution, which let you know exactly what the preamble is in the Indian constitution1.

“We, the people of india having resolved to constitute India into the a socialist, secular, sovereign, republic, and democratic to secure all the citizens, Justice, economic, social, and political; Liberty of expression, thought, faith, belief, and worship; Equality of status and opportunity; and to promote among them all Fraternity assure the dignity of the individual and unity and integrity of the nation;”

In our constituent assembly, this 26th day of November 1949, does hereby adopt, enact, and then give to ourselves this constitution.

What is the Present Status of the Preamble?

Look at the present status of the preamble of India.

  • It is a comprehensive part of the Indian constitution
  • It highlights the basic structure of the constitution
  • It does not offer any legal framework of the constitutional law
  • It can be amended by the parliament by utilizing its amendment power under the article 368
  • It enshrines the philosophy and ideas of the Constitution of India, not the huge objective of the Governments
  • It is neither a source of limitations nor a source of power
  • Its important role is played in the interpretation of statutes and even in the interpretation of provisions of the constitution
  • It is neither justifiable nor enforceable in a court of law. It actually implies that courts cannot able to pass orders against the Indian Government to implement the Fundamental rights and ideas in the preamble
  • It neither offers any power nor imposes any kind of duty
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What is the Meaning of Keywords in the Preamble?

Look at the below table to know the exact meaning of the keywords in the preamble of India.

S.No. Keywords in preamble Meaning

1

Sovereign

It impliesthat India is neither dominion nor dependency of other nation. Instead, it is the independent state. It means no external power can able to dictate the Indian Government and all the citizens are free in the limit to do things in their own opinion

2

Socialist

It refers to democratic socialism, not state socialism. The word socialist added to Preamble by 42nd Amendment during an emergency in the year 1972. It actually implies both social and economic equality. India has adopted a mixed and socialistic economy and framed various laws to reach the aim

3

Secular

It means equal treatment of all sorts of religions by the state. This word also added to preamble by 42nd Amendment in 1972. It implies the citizen of India has complete freedom and Fundamental rights to follow any religion as no official religion in the country. Indian Government treats all religious practices and beliefs with equal honor and respects

4

Democratic

The first part of the preamble of India clearly indicates the democratic spirit involved in the constitution. Of course, India is a democratic country where citizens elect their Government at different levels by the voting system. Every citizen enjoys these Fundamental rights without any discrimination based on color, caste, sex, creed, education, or religion.

5

Republic

Republic indicates that the head of the state elected by the people either directly or indirectly. In India, the head of the state is President. The people will elect the President indirectly through their representatives in the parliament and state assemblies.

6

Justice

The Constitution of India covers economic, social, and political justice. This is actually achieved via Fundamental rights and DPSPs. Social justice means constitutions wishes to create a more equitable society according to equal social status. Political justice means all the citizens of India have equal right in political participation. Economic justice implies equitable wealth distribution among individuals so that wealth is not concentrated in some hands.

7

Liberty

Liberty in the preamble of India implies the absence of domination and restraints on the activities of the people including freedom from slavery, despotism, imprisonment, and so on. The Preamble renders for the liberty of expression, thought, worship, faith, and belief.

8

Equality

Equality in the preamble of Indian constitution indicates the absence of discrimination and privileges against any section of society. It offers equality of opportunity and status to all people of the nation. The Constitution ofIndia also strives to offer political, social, and economic equality in the country.

9

Fraternity

Fraternity indicates a sense of brotherhood. The preamble of Indian constitution seeks to enhance fraternity among the Indian citizen assuring the individual dignity and integrity of the nation. This preamble of Indian constitution amended in 1976 by the 42ndconstitutional amendment act. Three new terms added to preamble including secular, socialist, and integrity.

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References

  1. https://legislative.gov.in/constitution-of-india/

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