The Preamble to the Indian Constitution is based on the ‘Objective Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. It has been amended by the 42nd Amendment Act, 1976 which added three new words – Socialist, Secular, and Integrity.
The Preamble runs 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 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 TO OURSELVES THIS CONSTITUTION.
In re Berubari case, MANU/SC/0049/1960 : AIR 1960 SC 845: 1960 SCJ 933: (1961) 1 SCA 22: (1960) 3 SCR 250. The Supreme Court has said that the Preamble to the Constitution is a key to open the mind of the framers, and shows the general purpose for which they made the several provisions in the Constitution.
Golak Nath v. State of Punjab, MANU/SC/0029/1967 : AIR 1967 SC 1643: 1967 (2) SCJ 486: (1967) 2 SCR 762: (1967) 2 SCWR 1006. The Preamble to an Act sets out the main objectives which the legislation is intended to achieve.
Kesavananda Bharti v. State of Kerala, MANU/SC/0445/1973 : AIR 1973 SC 1461: (1973) 4 SCC 225, Shelat and Grover, JJ., observed it is sort of introduction to the statute and many times very helpful to understand the policy and legislative intent. It expresses “what we had thought or dreamt for so long”.
The Preamble contains four ingredients:
1. Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.
2. Nature of Indian State: It declares India to be of a Sovereign, Socialist, Secular, Democratic and Republic Polity.
3. Objective of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.
4. Date of adoption of the Constitution: It stipulate November 26, 1949 as the date.
(1) In Re Berubari Union and Exchange of Enclaves.-–The Supreme Court held that the Preamble is not the part of the Constitution and according to it, it is not a source of substantive powers. But this view has been rejected by the Supreme Court in.
(2) Kesavananda Bharti v. State of Kerala, MANU/SC/0445/1973 : AIR 1973 SC 1461: (1973) 4 SCC 225. The Preamble to our Constitution was enacted after the whole of the Constitution was enacted and Preamble is part of the Indian Constitution.
(3) LIC of India v. Consumer Education and Research Centre, MANU/SC/0772/1995 : AIR 1995 SC 1811: 1995 SCC (Cri) 608: 1995 AIR SCW 2834: JT 1995 (4) SC 366. The Supreme Court held that the Preamble is an integral part of the Constitution.
The word ‘Sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. Being a sovereign state India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.
Socialism implies that judicial freedom be completely subordinated to interest of the community with any deduction that may correctly or incorrectly be drawn from it, added by the 42nd Amendment Act, 1976.
Excel Wear v. Union of India, MANU/SC/0263/1978 : AIR 1979 SC 25: (1978) 4 SCC 224: 1979 (1) SCJ 292: (1979) 1 SCR 1009. The Supreme Court had held that the addition of the word ‘Socialist’ may enable the courts to lean more and more in favour of nationalization and State’s ownership of industry.
D.S. Nakara v. Union of India, MANU/SC/0237/1982 : AIR 1983 SC 130: (1983) 1 SCC 305: (1983) 1 SCWR 390: 1983 (1) SCJ 188. The Supreme Court has held that the basic framework of socialism is to provide a decent standard of life to the working people and especially to provide security from cradle to grave.
The term ‘secular’ too was added by the 42nd Amendment Act, 1976. It guarantees freedom of religion to all citizens and does not seek to patronize any particular religion. Articles 25-28 guarantee freedom of religion to all persons
Aruna Roy v. Union of India, AIR 2002 SC 3176: 2002 AIR SCW 3670: (2002) 7 SCC 368: 2002 (4) SCJ 235. The word ‘Secularism’ means developing understanding and respect for different religions. Secularism is thus susceptible to this positive meaning and a basic feature of the Constitution.
M.P. Gopalakrishnan Nair v. State of Kerala, AIR 2005 SC 3053: 2005 AIR SCW 2292: (2005) 11 SCC 45: 2005 (4) SCJ 47. It merely means equal status of all religions without any preference in favour of or discrimination against any of them.
Democracy is a system of government in which supreme powers are vested in the people and are exercised by the people directly or through elected representatives. It is a government of the people, by the people, for the people.
A democratic polity can be classified into two categories – monarchy and republic. A republic also means two things, one – vesting of political sovereignty in the people and not in a single individual like a king; second – the absence of any privileged class and hence all public officers being opened to every citizen without any discrimination. In India, the executive head is President of India. Who is an elected representative of the people of India.
The term ‘Justice’ in the Preamble embraces three distinct forms – social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles. Social Justice denotes the equal justice or treatment of all citizens without any social distinction based on race, religion, caste, creed sex and so on. Economic Justice denotes the non-discrimination between people on the basis of economic factors. A combination of Social Justice and Economic Justice is known as ‘Distributive Justice’. Political Justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.
Article 19(1)(a) guarantees fundamental right to freedom of speech and expression and article 25 guarantees freedom of conscience and freedom to profess, practice or propagate any religion. The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their fundamental rights, enforceable in the court of law in case of violation.
The term Equality means the absence of special privileges to any section of the society and the provisions of adequate opportunities for all individuals without any discrimination. Articles 14 to 18 guarantees right to equality.
(a) Article 14 – Equality before law and equal protection of law.
(b) Article 15 – Discrimination of the basis of race, religion, caste, sex, place of birth etc.
(c) Article 16 – Equality of opportunities in matters of public employment.
(d) Article 17 – Abolition of untouchability.
(e) Article 18 – Abolition of titles.
Fraternity means brotherliness. It implies that all citizens should have a feeling that they are the members of the same family with common interests. The Preamble declares that fraternity has to assure two things the dignity of the individuals and unity and integrity of the nation. The word Integrity has been added to the Preamble by the 42nd Constitutional Amendment Act, 1976.
For sometime an opinion prevailed that the Preamble to the Constitution was not a part of the Constitution. On this basis it was argued that since it is not a part of the Constitution, Parliament cannot amend the Preamble by virtue of its amending powers. However, in the case of Kesavananda Bharti v. State of Kerala, MANU/SC/0445/1973 : AIR 1973 SC 1461: (1973) 4 SCC 225, the Supreme Court overruled the earlier decisions and held that the Preamble is a part of the Constitution and in subject to the amending power of Parliament and is the basic structure of the Constitution.
The Constitutional 42nd Amendment Act, 1976 amended and added three new words – Socialist, Secular and Integrity in it.
© Universal law Publishing Co.