Omar Bennett
The preamble to a constitution is an introductory statement that explains the document's purpose and underlying philosophy. The Indian Constitution's preamble outlines the core values of justice, liberty, equality, and fraternity, forming the foundation of India's democratic framework. In the context of the Indian Constitution, Ernest Barker, an English political scientist, described the preamble as the keynote of the Constitution. He was so impressed by the preamble that he quoted it in his book Principles of Social and Political Theory, published in 1951.
| Characteristics | Values |
|---|---|
| Name | Ernest Barker |
| Occupation | English political scientist |
| Known for | Served as principal of King's College, London from 1920-1927 |
| Quote | "The keynote of the Constitution" |
| Context of quote | Barker was referring to the preamble of the Indian Constitution |
| Impact of quote | Barker included the preamble in his book, "Principles of Social and Political Theory" (1951) |
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What You'll Learn
The Preamble of the Indian Constitution outlines core values of justice, liberty, equality, and fraternity
The Preamble of the Indian Constitution is a concise and powerful introduction that outlines the philosophy, fundamental values, and objectives of the Constitution. It is considered the soul and key to the Constitution, providing a moral compass and a guiding framework for interpreting its provisions and shaping the nation's governance.
The Preamble emphasises India's identity as a Sovereign, Socialist, Secular, and Democratic Republic. It reflects the country's commitment to justice, liberty, equality, and fraternity, which are essential for a harmonious society. These core values are not just formal statements; they represent the hopes, aspirations, and commitments of the Indian people, shaping the constitutional framework and ensuring its relevance to society's evolving needs.
Justice, as outlined in the Preamble, encompasses social, economic, and political aspects, ensuring equal, free, and fair rights for all citizens without discrimination. Liberty refers to the freedom of individuals to choose their way of life, express their thoughts, and hold political views, while respecting the limits set by law. Equality means that no section of society enjoys special privileges, and all citizens are guaranteed equal opportunities and equal status before the law. Fraternity, inspired by the French Revolution's motto, fosters a sense of brotherhood and emotional attachment to the country, promoting dignity and unity within India's diverse population.
The Preamble, with its emphasis on these core values, serves as a vital introduction to the Indian Constitution, providing a glimpse into its essence and guiding principles. It acts as a fountainhead of wisdom, influencing lawmaking and policymaking processes. The Preamble's role in interpreting the Constitution and understanding the intentions of its creators is so significant that renowned English political scientist Ernest Barker described it as "The Keynote of the Constitution".
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Justice Madholkar's view on the Preamble
Justice Madholkar considered the Preamble to be a concise summary or "epitome" of the broad features of the Constitution. He believed that the Preamble was not just a mere statement but a carefully crafted expression of the Constitution's underlying principles. According to him, the Preamble is an amplification and concretization of the concepts elaborated in the Constitution's provisions.
In his interpretation, Justice Madholkar highlighted the source of authority under the Constitution, which is the people of India. This assertion of sovereignty by the people is a fundamental aspect of the Preamble and the Constitution as a whole. It signifies that the Constitution emanates from the people and is not subordinate to any external authority.
Justice Madholkar's perspective aligns with the broader understanding of the Preamble's role in interpreting the Indian Constitution. The Preamble serves as a guide to understanding the intentions of the framers and is often referred to when there is ambiguity in interpreting the Constitution's articles. While it is not directly enforceable in a court of law, it provides context and clarity to the fundamental principles that govern the nation.
In conclusion, Justice Madholkar's view on the Preamble to the Indian Constitution underscores its deliberate nature, precision, and significance. He believed that the Preamble encapsulates the core features of the Constitution and reflects the framers' careful consideration and attachment of importance. His interpretation highlights the role of the Preamble in expressing the source of authority, the people of India, and its function as an interpretive tool for understanding the broader principles and objectives of the Constitution.
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Sir Alladi Krishnaswami Iyer’s perspective
Dewan Bahadur Sir Alladi Krishnaswamy Iyer was an Indian lawyer and member of the Constituent Assembly of India, which was responsible for framing the Constitution of India. He was a renowned jurist and served as the advocate general of Madras State from 1929 to 1944.
Iyer played a significant role in shaping the Indian Constitution. B.R. Ambedkar, the main architect of the Indian Constitution, credited Iyer's contribution, acknowledging his competence and expertise. Iyer was a member of nine committees, including the Drafting and Advisory Committees. He actively participated in discussions and interventions regarding citizenship provisions, highlighting the different choices and their implications for the Assembly.
One of Iyer's notable contributions was his perspective on the role of the supreme court. He emphasised the importance of judicial independence while also stressing that the doctrine of independence should not become a dogma that elevates the judiciary above the legislature or executive. Iyer believed that each organ of the administration, including the judiciary, has a distinct area of functioning. He argued for restrictions to Article 19, suggesting that freedom should be balanced with state security considerations.
Iyer also advocated for the principle of universal adult franchise, expressing faith in democratic rule and its potential to promote the well-being and standard of living of the common man. His contributions were recognised by his peers, and his influence on the Indian Constitution is commemorated through the Alladi Memorial Trust, founded by his son, Alladi Kuppuswami, in 1983. The Trust conducts lectures on topics relating to Constitutional law, honouring Iyer's legacy and his contributions to the foundation of India's legal system.
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K.M. Munshi's description of the Preamble
K.M. Munshi, born Kanhaiyalal Maneklal Munshi, was a prominent Indian independence activist, politician, writer, and lawyer who played a key role in the drafting of the Indian Constitution. He described the Preamble of the Indian Constitution as its "'political horoscope".
Munshi, in his book "The Framing of India's Constitution", referred to the Preamble as the "political horoscope" of the Constitution, highlighting its importance as a guiding document that outlines the fundamental principles and values of the Republic of India. The Preamble, according to Munshi, is the "horoscope of our sovereign democratic republic". In other words, it serves as a forecast or a guiding document that defines the nature and culture of India, indicating its fundamental principles and objectives.
The Preamble to the Indian Constitution is based on the "Objectives Resolution" mooted by Pandit Jawahar Lal Nehru and adopted by the Constituent Assembly of India on 13th December 1946. It embodies the basic philosophy and fundamental values—political, moral, and religious—on which the Constitution is based. It reflects the dreams and aspirations of the founding fathers of the Constitution.
The Preamble has been amended only once so far, in 1976 by the 42nd Constitutional Amendment Act. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through this amendment.
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Pandit Thakur Das Bhargava's opinion
Pandit Thakur Das Bhargava, a member of the Constituent Assembly, described the Preamble as "the most precious part of the Constitution". He further elaborated on this idea, saying that it is the "soul of the Constitution", a "jewel set in the Constitution", and a "yardstick with which one can measure the worth of the Constitution".
Bhargava's opinion underscores the significance and value he attributed to the Preamble. By referring to it as the "soul", he implies that it is the essence and spirit that gives life and meaning to the Constitution. The description of the Preamble as a "jewel" emphasises its rarity and intrinsic value, suggesting that it is a cherished and indispensable component of the Constitution.
Additionally, Bhargava's statement that the Preamble is the "key to the Constitution" indicates that it is essential for understanding and interpreting the document. It serves as a fundamental principle or standard by which the Constitution can be measured and evaluated, as reflected in his description of it as a "yardstick".
The Preamble, according to Bhargava, is not just a decorative or introductory element but the very heart and essence of the Constitution. It sets the tone, provides guidance, and establishes the underlying principles upon which the Constitution is built.
It is worth noting that Bhargava's views on the Preamble echo those expressed by others, such as Sir Ernest Barker, an English political scientist, who described the Preamble as the "key-note" to the Constitution. The Preamble has also been referred to as the "identity card of the Constitution" by N.A. Palkhivala, an eminent jurist and constitutional expert.
The Preamble to the Indian Constitution, based on the 'Objectives Resolution' drafted by Pandit Nehru, has been subject to amendment, reflecting the evolving nature of constitutional interpretation. The Supreme Court has also played a role in shaping the understanding of the Preamble, with cases like Keshwavand Bharti (1973) establishing that it is a part of the Constitution and can be amended, albeit with restrictions to preserve its 'basic features'.
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Frequently asked questions
Renowned English political scientist Ernest Barker described the preamble of the Indian Constitution as "the keynote of the Constitution".
A preamble is an introductory statement in a document that explains the document's purpose and underlying philosophy.
The preamble of the Indian Constitution outlines the core values of justice, liberty, equality, and fraternity, forming the foundation of India's democratic framework.
