M.R. Venkataraman vs Commissioner Of Police A.I.R 1951 mad.1015, held that the preamble of a constitution may be understood as a scheme for the same! According to the Supreme Court, the establishment is the key to know the thoughts of the framers of the Constitution. PREAMBLE OF THE CONSITITUTION
Often a preamble is given at the beginning of each act, in which the objectives are clarified for the achievement of which that act is passed. A preamble has also been given at the beginning of the Indian Constitution, which states the purpose of the constitution. Preamble of the Indian Constitution It is described as follows-
“We the people of India, having resolved to constitute India into a sovereign, democratic, secular and socialist republic and to secure to all its citizens social, economic and political justice, freedom of thought, expression, belief, faith and worship, dignity and Resolved to provide for equality of opportunity and to promote among them all the fraternity which will ensure the dignity of the individual and the unity and integrity of the nation, adopt, enact and surrender this Constitution of ours.”
What is preamble?
An introduction is an introductory statement in a document that defines the philosophy and goal of the text. The constitution expresses the aims of its founders, the history of its making and the essential ideals and ideas of the nation. The following points are briefly discussed in the introduction:
source of constitution
Nature of the Indian State
statement of its objectives
the date it was adopted
purpose of introduction
Objects of the preamble
Based on the analysis of the above preamble, we can say that the building of our constitution is made up of the following basic facts entered in the preamble which reveal the various objectives of the constitution.
- ‘We the people of India’ – By these words it is meant that this constitution has been prepared by the people of India only. Therefore, neither a single state or a group of states of the Indian Union can abrogate the constitution. Nor can it sever ties with the union created by the constitution. We the people of India are the makers of this constitution and are not under any external power.
- Sovereign State – “Sovereign State” means that India is not subject to any foreign power internally and externally. Indian state power lies in the citizens of India and not in any foreign power.
- Democratic State – ‘Democratic State’ means that the source of power of the Government of India is the public. Democracy means the government established by the people, for the people and by the people. The government of the country is run by the representatives elected by the people who are completely responsible to the people. Indian citizens get an opportunity to elect their representatives after every five years. PREAMBLE OF THE CONSITITUTION
- Secular State – The word ‘secular’ has been added to the Preamble by the 42nd Constitutional Amendment, 1976 and was not there in the original Preamble. It refers to a state where no religion will be recognized as a particular religion, but all religions will be treated equally and given equal protection. Every person will have complete freedom to believe, practice and propagate any religion as per his wish.
- Socialist State – The term ‘Socialist State’ has also been added by the 42nd Constitutional Amendment Act, 1976. This means that every citizen of India will get the opportunity to enjoy national services, property and resources without any discrimination and the wealth will not be controlled by only a few people but will be controlled by the entire society.
- Integrity of the State – The word integrity has been added in the Preamble to prevent separatist tendencies. The interest of India’s integrity is paramount in the Indian Constitution.
- Republic State – The word republic means that the tradition of hereditary king has come to an end in India. The President of India is now elected indirectly by the Indian public. All the executive power of the country is vested in the President but he can use it only with the advice of the cabinet.
PREAMBLE OF THE CONSITITUTION
Value and importance of preamble
The Preamble in the Preamble has no statutory significance. But its importance is when the language of the constitution is so vague or ambiguous that its meaning is not clear, then in such a situation the support of the preamble can be taken to clarify the meaning of the constitution. M/s Burakar Kaul Co. B. In Union of India A.I.R.1961, S.C.1954, the Supreme Court observed that “although the Preamble may be used to understand the meaning of the provisions used in an Act, the express provisions of a Bill, even if they appear to be contrary to the provisions of the Act, should be given effect to.” Therefore the express provisions of an Act have effect on the preamble. PREAMBLE OF THE CONSITITUTION
Thus, we can say that the Preamble does not have any legal value yet according to the framers of the constitution it serves the following purposes-
- What is the source of the powers of the constitution?
- What is the purpose of the constitution?and
- What is the date of enforcement of the constitution?
Object of the constitution
According to the Preamble, the main objective of the Constitution is to provide the following rights to the citizens-
- Justice – Social, Economic and Political.
- Freedom – of thought, opinion, belief and religion.
- Equality – of position and opportunity.
- Fraternity – for the glory of the individual and the unity of the nation.
Arrangements have been made in the constitution to maintain the above facts. Along with achieving social, economic and political justice, measures have been taken to maintain such fraternity in which the ideas of communalism, casteism, language and regionalism should not flourish. According to Dr. D.D. Basu, democracy can be successful only when it can be successful in awakening the feeling of fraternity in the minds of the people. Everyone should understand that he is the child of one motherland and they have to live with each other in a spirit of affection, companionship and co-operation. PREAMBLE OF THE CONSITITUTION
In Golaknath v. State of Punjab, A.I.R.1967 S.C.1643, the Supreme Court, while explaining the scope and purpose of the Preamble of the Constitution, said that the ideals and aspirations of the Constitution are compiled in the Preamble. Preamble is not just a special note but its entire purpose is mentioned in the constitution. Various units are born by the constitution,
Like – units of the Center, States and Union Territories. It creates all the three parts of the power of the government like legislative, executive and judiciary, it sets the limits of their jurisdiction and it is expected that they will not encroach on each other’s limits in the exercise of their powers. No authority created by the constitution is paramount but the constitution is supreme.
All the authorities work under the law of the land and the rule of law provision in the constitution is very important.
Can preamble be Amended?
It has been clarified by the 42nd Amendment Act of the Constitution, 1976 that the Parliament has the power to amend the Preamble. But before this, the Supreme Court in Kesavananda Bharti vs. State of Kerala AIR 1973 had given the decision that the Preamble is a part of the Constitution and it cannot be amended under Article 368. Therefore, until the Supreme Court changes its decision, it Doubtful whether such an amendment would be constitutional or not? PREAMBLE OF THE CONSITITUTION
Is preamble part of the constitution?
In Re. Indo Pakistan Agreement, 1960 S.C.845, the Supreme Court held that the Preamble may be said to be the driving force of the Constitution, but it cannot be said to be an essential part of the Constitution. Its absence does not make any difference to the basic purpose of the Constitution. Had to It is neither the source of giving power to the government nor it restricts, controls or compresses the power in any way. But recently in Kesavananda Bharathi Vs. State of Kerala A.I.R 1973 S.C.1461 it was held that the Preamble is a part of the Constitution And if the meaning of an article is not clear, then in interpreting it, reference can be taken to the purpose stated in the Preamble.
It is not wrong to say that the Preamble is a very important part of the constitution as it fully expresses the spirit and ideology of the document. It shows the basic structure of the constitution. Parliament can change this by fully exercising its amending powers under Article 368. It has been amended only once in the 42nd Amendment Act of 1976.
The Preamble of the Constitution also contains the underlying ideals and philosophy on which the Constitution is founded, as well as the objectives. and all the objectives for which the framers of the Constitution intended the country to strive tirelessly. All the makers of the Preamble considered the circumstances at the time it was written. Although it is a permanent document, it was designed to apply to all future scenarios and situations. As a result, PREAMBLE OF THE CONSITITUTION
Q1. How many words are there in the Preamble of the Indian Constitution?
Answer. There are 73 words in the Preamble of the Indian Constitution. The 73 words Preamble of the Indian Constitution describes all the ideas that will lead to Indian democracy as a whole. Along with the Directive Principles of State Policy, it sets a stage for the country to realize the fundamental rights guaranteed by the Constitution.
Q2. Why is the introduction so important?
Answer. It describes in brief all the aspirations of the constitution. It gives a purpose and direction to the constitution. It also establishes a broad target and socio-economic standards that must be met through the constitutional mechanism.