Preamble of India
The ‘Objectives Resolution’, drafted and moved by Pandit Jawaharlal Nehru in the Constituent Assembly on
13 December 1946 is the basis of the preamble of Indian Constitution,
and adopted by the Constituent Assembly on 22 January 1947.
INGREDIENTS OF THE PREAMBLE
The Preamble
reveals four ingredients or components:
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 republican polity.
3. Objectives
of the Constitution: It specifies justice, liberty, equality and
fraternity as the objectives.
4. Date
of adoption of the Constitution: It stipulates November 26, 1949, as the
date.
“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”.
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Preamble: Is it part of the Constitution?
# In Berubari Case (1960) -
* Preamble is not
a part of the constitution.
* This is the key
to know the views of the constitution makers.
# Keshavanand Bharti vs. Kerala State
Case (1973) -
* Preamble is a
part of the constitution i.e. it can also be amended (in
addition to the basic structure).
* Preamble is not
justified, that is, no decision can be taken on its basis.
KEY WORDS IN THE PREAMBLE;
* We, the people of
India -
The basic
source of the constitution is the people of India.
The words
'we, the people' are derived from the US Constitution.
* Sovereign -
India is
completely free to conduct its own affairs (both internal and external).
Note: - Membership
of the Commonwealth is completely voluntary and is not contrary to the
sovereignty of India.
* Socialist
-
Socialism of
India is ‘democratic socialism’ in which government control over major means of
production is relatively less. Democratic socialism, on the other hand, holds
faith in a ‘mixed economy’ where both public and private sectors co-exist side
by side.
The term
‘Socialist’ was added by the 42nd Constitutional Amendment Act of 1976.
* Secular –
The term
‘secular’ too was added by the 42nd Constitutional Amendment Act of 1976.
The state
will not have any ‘Rajdharma’ on its own but will provide equal protection to
all religions.
Note: -
Secularism has been declared as the basic structure of the Constitution in S.
R. Bommai v. Union of India case.
* Democracy
According to
Abraham Lincoln - Democracy is the Government of the
people, by the people, for the people,.
In India,
the people govern through elected representatives.
* Republic
-
The term
‘republic’ in our Preamble indicates that India has an elected head called the
president. He is elected indirectly for a fixed period of five years.
Note: - On
26 January 1950, the President of our country took the oath of office;
therefore, we celebrate this day as Republic Day, not on this day, because the
constitution of our country came into force.
* Justice
-
Three types
of justice are mentioned in the preamble -
- Social
- Economic
- Political
* Liberty -
Five types
of freedom are mentioned in the preamble -
- thought
- The expression
- Belief
- Faith and
- Worship
* Equality -
Of status
and opportunity.
The term
‘equality’ means the absence of special privileges to any section of the
society, and the provision of adequate opportunities for all individuals
without any discrimination.
As per the
last lines of the preamble, the Constitution of India has been adopted and
enacted by the people of India on 26 November 1949.
Subhash Kashyap:
- If the constitution is a body, the preamble is its soul. The preamble
is the foundation, then the constitution is a stand on it.
K M. Munshi
has called the ‘POLITICAL HOROSCOPE’.
Justice Hidayatullah
has called the Preamble to be the soul of the Constitution.
Thakurdas Bhargava
has also described the Preamble as the soul of the constitution.
N.K. Palkiwala
has named the Preamble as the ‘identity card of the Constitution’.
Ernest Baker
calls the Preamble the key to the Constitution.
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Therefore 26 November is
celebrated as 'Constitution Day'. Earlier it was celebrated as Law
Day.
The first
Constitution Day was celebrated on 26 November 2015 to
commemorate the 125th birth anniversary of Dr. Bhimrao Ambedkar.
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