PREAMBLE OF THE CONSTITUTION




⦁ Identity card of the Constitution: N A Palkhivala

⦁ Preamble is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly

⦁ Preamble is not a source of power to legislature not a prohibition upon the powers of legislature

⦁ It is non-justiciable

⦁ The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words— Socialist, Secular and Integrity—to the Preamble

Key Words Sovereign:

⦁ India is neither a dependency nor a dominion of any other nation, but an independent state

⦁ State is free to conduct its own affairs (Internal and External)

⦁ India can acquire of ceded territories

Socialist:

⦁ Indian brand of socialism is a ‘democratic socialism’ (mixed economy) and not a ‘communistic socialism’ (also known as ‘state socialism’)

⦁ 1991 reforms: Diluted socialist character of state

Secular:

⦁ Added by 42nd Constitutional Amendment Act of 1976. Positive concept of secularism i.e., all religions in our country have the same status and equal support from the state

Democratic:

⦁ The term ‘Democratic’ is used in the Preamble embraces not only political democracy but also social and economic democracy

⦁ It is based on doctrine of popular sovereignty

⦁ Indian democratic set-up is based on indirect democracy

Republic:

⦁ The term ‘Republic’ in our Preamble indicates that head of the state is always elected in India (President).

⦁ It implies

⦁ Political sovereignty lies with people and not a single person

⦁ Public offices are open to all (Absence of Privileged Class)

Justice:

⦁ The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political, secured through Fundamental Rights and Directive Principles -- (political through FR’s and social and economic justice through DPSP)

⦁ Social Justice + Economic Justice = distributive justice

⦁ Social justice: Equal treatment of all

⦁ �Economic Justice: no discrimination on the basis of economic factors

⦁ Political justice: equal political rights to all

Liberty:

⦁ It Implies:

⦁ Absence of restraints on the activities of individuals

⦁ Providing opportunities for the development of individual personalities

⦁ It is ensured through FRs

Equality:

⦁ ‘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.

 3 Dimensions: Civic, Economic and Political 1. Civic: Art. 14, 15, 16, 17 and 18

⦁ Political: Art. 320 (UAF) and Art. 325

⦁ Economic: Art. 39 (DPSP)

Fraternity:

⦁ It implies a sense of brotherhood.

⦁ Constitution promotes this feeling of fraternity by

⦁ System of single citizenship

⦁ Art. 51-A (Fundamental Duties)

⦁ It ensures 2 things:

⦁ Dignity of individual

⦁ Unity and integrity of nation (territorial and psychological)

Significance of the Preamble:

⦁ Basic Philosophy and Fundamental values of the constitution are stated

⦁ Essential   to   unravel minds of constitutional forefathers.

⦁ Soul of Constitution lays down pattern of our political society

Components of the Preamble

⦁ The constitution derives its authority from the people of India (We, The People of India is mentioned in Preamble).

⦁ Nature of Indian state-sovereign, socialist, secular, democratic and republican polity

⦁ Objectives- it specifies justice, liberty, equality, fraternity, unity and integrity

⦁ Date of adoption- Nov 26, 1949

⦁ Is Preamble Part of the Constitution:

Berubari v/s Union (1960) Case: Preamble is not part of the constitution

Keshavananda Bharati (1973) Case: Preamble is part of the constitution

LIC of India (1995) Case: Preamble is Integral part of the constitution. Amendment of Preamble: Preamble can be amended without affecting Basic feature of the constitution.