Isabella Carter
The preamble to the Indian Constitution is an introductory statement that outlines the philosophy, objectives, and fundamental values of the constitution. It is based on the 'Objective Resolution' written by Jawaharlal Nehru and adopted by the Constituent Assembly on 22 January 1947. The preamble declares India to be a sovereign, socialist, secular, democratic, and republican polity, with the source of its authority being the people of India themselves. It specifies justice, liberty, equality, and fraternity as its objectives and plays a crucial role in interpreting the constitution, acting as a moral compass for policymakers and lawmakers. The preamble was designed by renowned painter Beohar Rammanohar Sinha and has been amended once through the 42nd Amendment Act in 1976, which added the word 'socialist'.
| Characteristics | Values |
|---|---|
| Date of adoption | 26 November 1949 |
| Nature of Indian State | Sovereign, Socialist, Secular, Democratic, Republican |
| Objectives | Justice, Liberty, Equality, Fraternity |
| Authority | The people of India |
| Philosophy | Jawaharlal Nehru's 'Objective Resolution' |
| Purpose | To promote harmony and provide a moral compass for governance |
| Interpretation | Provides a framework for interpreting the Constitution |
| Enforceability | Not directly enforceable in court, but recognised as part of the 'Basic Structure' of the Constitution |
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What You'll Learn
The preamble is an integral part of the Constitution
The preamble to the Constitution of India is a concise and comprehensive introduction that outlines the philosophy, objectives, and ideals of the Constitution. It is an integral part of the Constitution, representing its spirit and purpose. The preamble declares India to be a sovereign, socialist, secular, and democratic republic, highlighting the country's commitment to independence, equality, and secular governance.
The preamble states the objectives of the Constitution, including securing justice, liberty, equality for all citizens, and promoting fraternity to maintain unity and integrity within the nation. It serves as a foundational document and a guiding light for the Constitution, providing a moral compass for policymakers and lawmakers. The preamble indicates that the source of authority of the Constitution lies with the people of India, emphasising the country's independent authority and the ultimate sovereignty of its people.
The preamble has been a subject of discussion in the Supreme Court on several occasions. Initially, in the Berubari case, the Court stated that the preamble was a "key to open the mind of the makers" but could not be considered an enforceable part of the Constitution. However, in the 1973 Kesavananda case, the same court overruled its earlier decision and recognised the preamble as part of the "Basic Structure" of the Constitution, allowing it to be used for interpreting ambiguous areas. Subsequently, in the 1995 case of Union Government vs LIC of India, the Supreme Court reaffirmed that the preamble is an integral part of the Constitution.
The preamble can be amended under Article 368 of the Constitution, but its basic structure, encompassing the core values and principles of the nation, cannot be altered. The preamble has only been amended once through the 42nd Amendment Act of 1976, when the terms 'socialist', 'secular', and 'integrity' were added. This amendment reinforced India's commitment to a secular and democratic form of governance, ensuring the protection of individual rights and promoting unity and integrity within the nation.
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The ideals and aspirations of the people
The preamble to the Indian Constitution is a concise and comprehensive introduction that outlines the philosophy, ideals, and objectives of the Constitution. It is based on the 'Objective Resolution' written by Jawaharlal Nehru and reflects the nation's identity, democratic ethos, and foundational principles. The preamble highlights India's commitment to being a sovereign, socialist, secular, and democratic republic, ensuring independence, equality, and secular governance.
Firstly, it emphasises the sovereignty of the people and their role as the source of authority for the Constitution. The preamble begins with the words "We, the people of India...", signifying that the Constitution is adopted, enacted, and given to themselves by the people of India. This reflects the power and responsibility vested in the citizens to govern themselves and participate in the democratic process.
Secondly, the preamble secures for all citizens of India the liberty of belief, faith, and worship. It guarantees freedom of religion and ensures that the state will not impose any particular religious beliefs or practices on its citizens.
Thirdly, the preamble specifies justice, liberty, equality, and fraternity as key objectives. It promises justice for all through various provisions of Fundamental Rights and Directive Principles of State Policy. The ideal of justice, including social, economic, and political justice, is inspired by the Soviet Union (Russia) Constitution.
Fourthly, the preamble embraces the "dignity of the individual", ensuring material betterment and recognising every person's sacred individuality. It values the worth and inherent dignity of each person, aiming to promote their well-being and protect their rights.
Lastly, the preamble promotes "unity and integrity of the nation", aiming to overcome hindrances to national integration such as communalism, regionalism, casteism, and linguism. It seeks to foster a sense of unity and cohesion among India's diverse population, respecting territorial integrity while also addressing psychological dimensions of national integration.
The preamble, while not directly enforceable in a court of law, serves as a guiding framework for governance, providing a moral compass for policymakers and lawmakers. It reflects the will of the people and establishes the fundamental values upon which the Indian Constitution is based.
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The source of authority for the Constitution
The preamble to the Indian Constitution is a concise and comprehensive introduction that outlines the philosophy, objectives, purpose, and principles of the Constitution. It is based on the 'Objective Resolution' written by Jawaharlal Nehru and was adopted by the Constituent Assembly on January 22, 1947.
The preamble begins with the words "We, the people of India", indicating that the source of authority for the Constitution is the people of India themselves. This phrase declares unambiguously that the Constitution has been adopted, enacted, and given to themselves by the people of India. It signifies the power and responsibility vested in the citizens to govern themselves, participate in the democratic process, and elect their representatives. It also gives them the right to criticise those representatives.
The preamble is not the supreme power and does not impose any restrictions or prohibitions. However, it plays a crucial role in interpreting statutes and provisions of the Constitution. It is considered the soul, spirit, and backbone of the Constitution, reflecting its essence and the ideals that must guide Indian democracy. The preamble is also used to interpret ambiguous areas of the Constitution and acts as a moral compass for policymakers and lawmakers.
While the preamble is not directly enforceable in a court of law, it is recognised as an integral part of the Constitution. The Supreme Court of India has affirmed this in several cases, including Union Government vs LIC of India in 1995 and the Kesavananda Bharati Case in 1973. The preamble can be amended under Article 368 of the Constitution, but its basic structure cannot be altered.
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The nature of the Indian State
The preamble to the Indian Constitution is a concise and comprehensive introduction that outlines the philosophy, objectives, purpose, and principles of the Constitution. It is based on the 'Objective Resolution' written by Jawaharlal Nehru and was adopted by the Constituent Assembly on January 22, 1947. The preamble is an integral part of the Constitution, providing a framework for interpreting and implementing its various provisions.
- Sovereign: India is an independent state with control over its internal and external affairs, and no other external power has authority over it. The Indian legislature has the power to make laws for the country, with the restrictions imposed by the Constitution.
- Socialist: The word 'socialist' was added to the preamble by the 42nd Amendment in 1976. It indicates that India is a welfare state, ensuring material betterment and recognising the sacred individuality of each person.
- Secular: The term 'secular' was also added to the preamble by the 42nd Constitutional Amendment Act of 1976. It signifies that India is a secular state, where religious freedom and equality are guaranteed, despite the country's religious diversity.
- Democratic: This term implies that the Indian Constitution derives its authority from the will of the people, expressed through elections. It highlights the people's power to elect their representatives and hold them accountable.
- Republican: India is a republic, with the President as the elected head of state.
The preamble also emphasises the sovereignty of the people and the fundamental rights and freedoms they are entitled to, including liberty, equality, and justice. It reflects the ideals and aspirations of the Indian people and serves as a guiding force for governance and policymaking.
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The objectives of the Constitution
The preamble to the Indian Constitution outlines the objectives of the constitution, which are to:
- Establish India as a sovereign, socialist, secular, democratic republic.
- Secure for all its citizens justice, liberty, equality, and fraternity.
- Promote harmony throughout the nation.
- Maintain the unity and integrity of the nation.
- Protect the dignity of the individual.
The preamble, which was adopted on November 26, 1949, and came into effect on January 26, 1950, is an introductory statement that explains the document's philosophy, objectives, and core values and principles. It is not directly enforceable in a court of law but plays a crucial role in interpreting the constitution and providing a guiding framework for governance. The preamble highlights that the source of authority for the constitution is the people of India, and it reflects the nation's identity, democratic ethos, and foundational principles.
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Frequently asked questions
A preamble is an introductory statement that outlines the philosophy, objectives, and purpose of the document it precedes. It is not a source of power but gives direction to the constitution.
The preamble of the Indian Constitution begins with "We, the people of India..." and outlines the ideals and aspirations of the people and the nation. It establishes India as a sovereign, socialist, secular, democratic, and republican polity. It also specifies justice, liberty, equality, and fraternity as its objectives.
The preamble is of significant importance as it provides a framework for interpreting and implementing the various provisions of the constitution. It acts as a moral compass for policymakers and lawmakers and is considered the soul of the constitution.
