Omar Bennett
The preamble to the Indian Constitution is an introductory statement that outlines the philosophy, objectives, core values, and principles of the nation. It is an integral part of the Constitution, providing a framework for interpreting and implementing its various provisions. While the preamble is not directly enforceable in a court of law, it plays a crucial role in understanding the intent and purpose of the enactment. The ideals behind the Preamble were laid down by Jawaharlal Nehru's Objectives Resolution, which was adopted by the Constituent Assembly on January 22, 1947. The Preamble declares India to be a sovereign, socialist, secular, and democratic republic. In describing the importance of the Preamble, Sir Earnest Parker termed it as the keynote to the Constitution.
| Characteristics | Values |
|---|---|
| Person who said "preamble is the keynote of the Indian Constitution" | Ernest Barker |
| What is a preamble? | An introduction to the Constitution |
| Preamble to the Indian Constitution | A concise and comprehensive introduction that outlines the philosophy and objectives of the Constitution |
| What does the preamble to the Indian Constitution say? | "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, liberty, equality, and fraternity" |
| What is the source of authority for the Constitution? | The preamble states that the Constitution derives its authority from the people of India |
| What is the nature of the Indian state? | The preamble declares India to be a sovereign, socialist, secular, democratic, and republican polity |
| What are the objectives of the Constitution? | The preamble specifies justice, liberty, equality, and fraternity as the objectives |
| Date of adoption of the Constitution | November 26, 1949 |
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What You'll Learn
- The preamble is an introduction to the Indian Constitution
- It is not enforceable in a court of law
- It is an expression of the nation's identity, values, and principles
- It is not the supreme power but plays an important role in interpretation and understanding the intent and purpose
- It is a reflection of the collective will and aspirations of the people
The preamble is an introduction to the Indian Constitution
The preamble to the Indian Constitution is an introductory statement that presents the intentions of its framers, the history behind its creation, and the core values and principles of the nation. It is not a source of legal power or restriction but is an integral part of the Constitution, providing context and aiding in the interpretation of its articles. The preamble sets out the Indian Constitution's objectives, including the pursuit of a sovereign, socialist, secular, and democratic republic, promoting harmony, justice, equality, liberty, and fraternity throughout the nation.
The preamble was debated by the Constituent Assembly on 17 October 1949, with discussions revolving around the name of the nation, and the inclusion of 'God' and 'Gandhi'. The proposal to rename India as the 'Union of Indian Socialistic Republics' was rejected as it was seen as conflicting with the already adopted constitutional scheme. Similarly, the inclusion of 'God' was opposed as it was thought to violate the fundamental right to freedom of faith. The suggestion to include Gandhi's name was also rejected by a member who felt that the Indian Constitution, based on American Supreme Court cases and the Government of India Act, was not 'Gandhian' and should not carry his name.
The preamble was incorporated into the Indian Constitution by the 42nd Constitutional Amendment in 1976, adding the terms 'Socialist', 'Secular', and 'Integrity' and amending the phrase ''Unity of the Nation' to 'Unity and Integrity of the Nation'. The preamble can be amended under Article 368, but its basic structure cannot be changed. The preamble is significant as it reflects the intent and purpose of the Constitution, providing insight into the minds of its creators and serving as a guide for interpretation.
The preamble has been described by various eminent personalities, such as Sir Dyer CJ, who stated that it is the "Key to open the minds of the makers of the Constitution". It has also been referred to as the ''soul of the Constitution' and the ''keynote to the Constitution'. Jawaharlal Nehru emphasised the goals and objectives outlined in the preamble, calling it a "firm resolution and a solid promise". The preamble, while not directly enforceable in a court of law, plays a crucial role in interpreting the Constitution and promoting the ideals of Indian democracy.
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It is not enforceable in a court of law
The preamble to the Indian Constitution is not enforceable in a court of law. This is because it is not the supreme power or source of any restriction or prohibition. Instead, it plays an important role in interpreting the statutes and provisions of the Constitution. It is an introductory statement that outlines the philosophy, values, aims, objectives, core values, and principles of the Constitution.
The preamble to the Indian Constitution was established by Jawaharlal Nehru's Objectives Resolution, which was adopted by the Constituent Assembly on January 22, 1947. It declares India to be a sovereign, socialist, secular, and democratic republic. The term “sovereign” indicates that India has its own independent authority and is not a dominion of any other external power. “Socialist” refers to the achievement of socialist ends through democratic means, with a mixed economy where private and public sectors coexist. “Secular” means that all religions in India receive equal respect, protection, and support from the state. Finally, “democratic” implies that the Indian Constitution gains its authority from the will of the people expressed in elections, and that the head of state is elected by the people.
The preamble also states the objectives of the Constitution, which include securing justice, liberty, equality for all citizens, and promoting fraternity to maintain unity and integrity within the nation. It is worth noting that the preamble has been amended once through the 42nd Amendment Act in 1976, which added the terms "sovereign" and "secular."
The preamble is often referred to as the "keynote of the Constitution." It is seen as a vital part of the Constitution, providing an understanding of the intent and purpose of the enactment and helping to resolve any ambiguity in the language of the Articles. While it is not directly enforceable in a court of law, the preamble does influence the interpretation of the Constitution and guides the application of its provisions.
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It is an expression of the nation's identity, values, and principles
The preamble to the Indian Constitution is an expression of the nation's identity, values, and principles. It is an introduction or preface to the Constitution, outlining its philosophy, objectives, and the ideals upon which the Indian state is founded. The preamble sets out India's commitment to being a sovereign, socialist, secular, and democratic republic, ensuring independence, equality, and secular governance. It highlights the nation's desire for an ideal model of governance that serves the needs of its people, promoting harmony, equality, liberty, justice, and fraternity.
The preamble is based on the Objectives Resolution, moved by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, and adopted on January 22, 1947. The resolution defined the basic goals and purposes of the Indian Constitution, acting as a guiding principle for the assembly members in framing the constitution. The preamble was debated and adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950.
The preamble is not directly enforceable in a court of law, but it plays a crucial role in interpreting the Constitution. It provides insight into the intent and purpose of the enactment and helps clarify ambiguous expressions. The preamble also states that the Constitution derives its authority from the people of India, reflecting their collective will and aspirations. This signifies the power and responsibility vested in the citizens to govern themselves and participate in the democratic process.
The preamble has been described as the "soul" and "key" to the Constitution, a firm resolution and a solid promise, and the "identity card of the Constitution." It is an integral part of the Constitution, providing a guiding framework for governance and a moral compass for policymakers and lawmakers. The preamble is subject to amendment, but its basic structure, including the values and principles it expresses, remains unchanged.
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It is not the supreme power but plays an important role in interpretation and understanding the intent and purpose
The preamble to the Indian Constitution is an introductory statement that outlines the philosophy, objectives, and ideals of the document. It is not a mere legal document but a "vehicle of life", as Dr B.R. Ambedkar described it. The preamble sets the tone for the entire Constitution, declaring India to be a sovereign, socialist, secular, and democratic republic. It also specifies the objectives of justice, liberty, equality, and fraternity.
While the preamble is an important part of the Constitution, it is not the supreme power. The preamble itself states that the source of authority for the Constitution lies with the people of India, and that the head of state is elected by the people. The preamble is subject to the amending power of Parliament, and while it can be amended, the basic structure of the preamble, which includes these core principles, cannot be changed.
The preamble plays a crucial role in interpreting the Constitution and understanding its intent and purpose. It helps clarify ambiguous language and expressions in the document, acting as a "key to open the minds of the makers", as described by Sir Dyer CJ. The preamble also provides a guiding framework for policymakers and lawmakers, serving as a moral compass and ensuring that the country's governance aligns with the values and principles outlined in the preamble.
The preamble has been described as the "soul of the Constitution" by Sir Pandit Thakur Das Bhargava, reflecting its significance in embodying the basic philosophy and fundamental values on which the Constitution is based. It is a concise and comprehensive introduction that presents the intentions of its framers, the history behind its creation, and the core values and principles of the nation. The preamble to the Indian Constitution is, therefore, an essential component that guides the interpretation and implementation of the Constitution's various provisions.
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It is a reflection of the collective will and aspirations of the people
The preamble to the Indian Constitution is an introductory statement that outlines the philosophy, objectives, values, and principles of the Constitution. It is not a source of authority or restriction but plays a crucial role in interpreting the Constitution and understanding its intent and purpose. The preamble sets the tone for the entire document, reflecting the collective will and aspirations of the people of India.
The preamble to the Indian Constitution begins with the words "We, the people of India", signifying that the ultimate sovereignty and authority lie with the citizens of the country. This phrase reflects the democratic nature of the Indian state and underscores the fact that the Constitution is not imposed by any external power but is drafted and adopted by the people themselves. It highlights the power and responsibility of the citizens to govern themselves and participate actively in the democratic process.
The preamble also declares India to be a "Sovereign, Socialist, Secular, Democratic Republic", emphasizing the country's commitment to independence, equality, and secular governance. These principles, along with justice, liberty, equality, and fraternity, are enshrined as the fundamental objectives of the Constitution. The inclusion of these values in the preamble demonstrates the collective will of the Indian people to establish a nation based on these shared aspirations.
The preamble to the Indian Constitution is the result of extensive debates and discussions within the Constituent Assembly. The Assembly considered various proposals, including the inclusion of "God" and "Gandhi" in the preamble, ultimately deciding against their inclusion. The preamble underwent amendments, such as the addition of the words "socialist", "secular", and "integrity" during the Indian Emergency by Indira Gandhi. Despite these changes, the core structure of the preamble remains intact, reflecting the enduring will and aspirations of the Indian people.
The preamble serves as a guiding framework for interpreting and implementing the Constitution's provisions. It provides a moral compass for policymakers and lawmakers, ensuring that the country's governance aligns with the collective will and aspirations of its citizens. The preamble is, therefore, a powerful reflection of the Indian people's collective desire for a nation that upholds democracy, equality, justice, and fraternity.
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Frequently asked questions
Sir Earnest Parker.
N.A. Palkhivala, K.M. Munshi, Jawaharlal Nehru, Sir Dyer CJ, and Sir Pandit Thakur Das Bhargava.
The preamble is an introduction to the Constitution.
It presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
It is predominantly based on the 'Objectives Resolution'.
