Preamble

Preamble
preamble of constitution















Preamble is an opening statement and introduction of any legal statute and it is the key of that particular legal statute which disclose the basic structure and objectives of the enactment intended by law makers i.e., legislation. In other words we can say that it is the crux or gist of that particular enactment.

The Preamble of Constitution embodies the ideals and objectives which the founding fathers of the Constitution desired to achieve by the citizen in their best interest and also go with the concept of welfare State. The Preamble spells out its source of authority, i.e.,
“People of India” (DEMOCRACY of the Country). It also put emphasis on the social and political ideology of the country it also embodies the nation concept of Natural and Social Justice to a wide extent.

PREAMBLE OF CONSTITUTION


“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 opportunity; and to promote among them all;

Fraternity assuring the dignity of the individual and the unity and the integrity of the Nation.

In our Constituent Assembly this twenty-sixth day of November, 1949 do 

Hereby ,Adopt,Enact and Give Ourselves this Constitution.”


Preamble 

On the basis of analysis Preamble is divided into three parts by reference to its qualitative characteristics. The first part is declaratory, whereby the people of India in their Constituent Assembly adopted, enacted and gave to ourselves this Constitution.The second part is resolutionary, whereby the people of India solemnly resolved to constitute India into a sovereign democratic republic. The third part is promissory ,a commitment by the people of India to secure to all its citizens, namely, justice, liberty, equality and fraternity accompanied by an assurance of the dignity of the individual and the unity of the nation.

The terms Sovereign Socialist Secular Democratic Republic and Integrity inserted by the Constitution (42 nd Amendment ) Act, 1976.
The Preamble is the key to open the mind of the makers.But it does not mean that the Preamble can override the express provisions of the Act. Preamble contains the enacting clause which brings into force the Constitution.

SOVEREIGN
According to Cooley: “A state is sovereign when there resides within itself a supreme and absolute power, acknowledging no superior.”
In N.Nagendra Rao & Co. Vs State of Andhra Pradesh, AIR 1994 SC 2663:1994AIR
SCW 3753(1994)6 SCC 205, the Constitution is different from the old and archaic concept of sovereignty which has ceased to survive. Sovereignty now vests in the people of India and the United States, and both are the basis of all sovereignty.

SOCIALIST
In D.S.Nakra Vs.Union of India ,(1983)1SCC 305 :AIR 1983 SC 130:1983(1)SCJ 188
,D.A.Desai,J. observed that-“Socialism is much misunderstood word. Values determine contemporary socialism pure and simple. But it is not necessary at this stage to go into all its ramifications. The principal
aim of a socialist state is to eliminate inequality in income and status and standards of life.”Socialism is implicit in the Preamble and the directive principle of the Constitution. The term “economic justice “ in the Preamble denotes nothing but India’s resolve to bring socio-economic revolution.

SECULAR
Broadly speaking, in one country, it may mean an actively negative attitude to all religions and religious institutions, in country, it may mean a strict “wall of separation” between the state and religion and religious institutions. If we talk about Indian perspective, there is no official religion. India is not a theocratic state.
In T.M.A .Pai Foundation Vs State of Karnataka, (2002) 8SCC 481:2002AIRSCW
4957:AIR 2003 SC 355 Supreme Court held that although the idea of secularism may have been borrowed in the Indian Constitution from the west, it has adopted its own unique brand of secularism based on its particular history and exigencies which are far removed in many ways from secularism as it is defined and followed in European Countries, the United States of America and Australia.
In S.R.Bommai V. Union of India (1994) SCC1. The Supreme Court has held that “Secularism is the basic feature of the Constitution.”

DEMOCRATIC
Democracy is method of government by discussion and persuasion. The core of democracy is choice. There may be a number of ideas or lines of action proposed by different individuals or groups.Abraham Lincoln in his famous speech at Gettysberg described democracy as government of the people, by the people, for the people.

REPUBLIC
A state, in which executive head of the state is not hereditary monarch but elected representative, is called republic.

INTEGRITY
The word ‘integrity ‘ is intended to put an end to separatist tendencies and make people feel that every part of India is their home. This concept was already implicit in the nature of the federation envisaged by the Indian Constitution. The framers have used the words ” India shall be a Union of States “in Article 1of the Constitution with a view to make it clear that the States have no right to secede from the federation.

Is Preamble part of the Indian Constitution?
PREAMBLE IN CONSTITUTION

Many a time it is question which pop-up in the mind of those who started studying and analysing the Constitution of India is that whether the Preamble is a part of the Constitution or not.

It has been discussed in two leading cases:-
1- In re Berubari case;

2- In Keshvanand Bharti case.

In re Berubari Union (1),(1960)3 SCR 845 :1961(1) SCA 22, the Supreme Court held that no doubt the Preamble is a key to open the mind of makers, which may show the general purposes for which they made the several provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.But
In Keshvanand Bharti vs. State of Kerala,(1973)4 SCC 225:AIR 1973 SC 1461,the
Supreme Court laid down following propositions-
(i ) that the Preamble to the Constitution of India is a part of the Constitution;
(ii) that the Preamble is not a source of power of limitations or prohibitions; and
(iii) that the Preamble has a significant role to play in the interpretation of statutes ,also in
the interpretation of provision of the Constitution.

Can Preamble be amended under Article 368?


This question raised for the first time before the Supreme Court in the historic Case of  Keshvananda Bharti v. State of Kerala AIR 1973SC 1461

On the question whether the Preamble can be amended thr majority held that since the Preamble is the part of the Constitution it can be amended but subject to this condition that the basic features in the Preamble cannot be amended. The Court said ” the edifice of our Constitution is based upon the basic elements mentioned in the Preamble.

If any of these elements are removed the structure will not survive and it will not be the same
Constitution or it cannot maintain its identity. The Preamble declares that the people of India resolved to constitute their country into a sovereign Democratic Republic. No one can suggest that these words and expressions are ambiguous in any manner. An amending power cannot be interpreted so as to confer power on the Parliament to take away any of these fundamental and basic characteristics of policy.” It is submitted that this view of the court is correct.

The amending power cannot change the Constitution in such a way that it ceases to be a ‘Sovereign Democratic Republic’.Yes, Preamble can be amended under Article 368 of the Indian Constitution.
INDIAN CONSTITUTION

PREAMBLE OF CONSTITUTION

                               
PREAMBLE INCONSTITUTION