Preamble of Indian Constitution: A Recent Context

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Preamble of Indian Constitution (Preamble of India)

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 26th day of
November, 1949, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION

What is preamble of Indian constitution

Preamble in simple terms can be understood as a preface to the constitution. It is an ornamental or decorative part of the constitution according to many.

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History of Preamble

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

Does every constitution have a preamble?

No, preamble is a customary part of constitution but it is not compulsory for a constitution to have a preamble. Unwritten constitutions do not have any preamble whereas written constitution may or may not have a preamble.

For example – Government of India Act, 1935 didn’t have preamble.

Importance of preamble

Preamble declares the basic values on which the constitution is based as per Dr. DD Basu. The Preamble contains the philosophy or theme of the constitution. It is the key to read the minds of constitution makers. And it does not confirm the substantive powers of organs of the government nor does it limit those powers. As per supreme court if there’s some confusion or ambiguity surrounding some articles of the constitution then that interpretation of the articles can be given by a court which tallies with the preamble.

Is preamble a part of constitution?

Historical judgments
Re Berubari Case, 1960	Preamble is not the part of constitution as it doesn’t affect the working of the constitution.
Keshavananda Bharati case, 1973	Preamble is the part of constitution as it can be amended suitably to keep it updated with the modern day constitution. For ex- 42nd constitutional amendment act amended preamble to add secularism, socialism and integrity in the preamble.
Kehar Singh v/s union of India case,1989	The Constitution derives its power from people directly is a conclusive assumption which cannot be challenged in court of law.

5 ideals of the preamble

Sovereignty :- It means a country’s government is absolutely independent of others with respect to decision making and doesn’t take into consideration the force or influence of any other economy.
Secularism:- It means there is no religion of a state or no one religion is declared as a State’s religion.
Republic :- When the head of the state is an elected representative and this position is not hereditary in nature.
Socialism :- When resources and opportunities in an economy are equally divided among the people and nobody can concentrate wealth completely.
Democracy :- To quote Abraham Lincoln democracy is government of the people, by the people and for the people. It refers to a political system where the voice of the people is heard and appreciated.

4 Aspirations of the preamble

Justice :- Justice refers to treating people impartially and fairly. The Constitution of India guarantees social, political and economic justice to all its people.
Equality :- Equality refers to availability of opportunities, rights, freedom etc to all. Preamble talks about equality of opportunity and status.
Liberty :- Liberty in literal sense means freedom.
Fraternity:- Fraternity refers to a sense of brotherhood among all the people of India which is essential to maintain unity and integrity in India.