PREAMBLE

PREAMBLE

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.

·         Concept has been taken from USA.

·         Language has been taken from France.

·         The Preamble is a preface or an introductory part of the Indian Constitution or a key to understand the constitution.

·         The basic structure of the constitution has been stated under the Preamble.

·         Indian Preamble is based on J.L. Nehru’s “Objective Resolution.”

·         It was moved by Mr. Nehru on 13^th December.

·         It was adopted by the assembly on 22^nd January 1947.

·         Preamble is non-judiciable.

·         Indian Preamble has been amended only once by 42^nd Amendment Act, 1976.

·         By the 42^nd Amendment Act three words have been added to the preamble, by the recommendation of Saran Singh Committee: Socialist, Secular and Integrity

·         The source of authority of Indian Constitution is people of India.

·         According to the preamble the nature of Indian at the commandment of the constitution of Sovereign, Democratic & Republic

·         Indian Constitution has a preamble – it indicates that it is written.

·         Sovereign: It refers to the absolute power of the Government of the Country.

o   Sovereign is two types: Internal and External

i)           Internal Sovereignty: It means the law of the states ultimate and absolute within the territory of the state and all the citizens have to obey the law.

ii)         External Sovereignty: It means India is independent and is not controlled by other countries and nations.

·         Socialist: It is added by 42^nd amendment Act, 1976. It refers to a system where all means of production and distribution shall be controlled by the state. But the Indian brand of socialism is “Democratic Socialism” where the public and private sector co-exist side by side that is mix-economy. The main purposed of democratic socialism is to reduce inequality between the rich and the poor.

·         Secular: It is added by 42^nd Amendment Act, 1976. It refers to equal respect and equal protection of all religions by the Government.

o   The state has no specific religion

o   The state shall be neutral or impercial towards all religions.

·         Democratic: It refers to a system of administration where the people can participle in the Government activities. It signifies that the Government of India must be ran by the elected representative of the people on the basis of universal adult franchises.

·         Republic: It refers to a system of administration where the head of the country will be elected.

o   It signifies that India has an elected head (President) which elected indirectly for a period of 5 years (Republic is the opposite of Monarchy).

·         Justice: It is three types – Social, Economic and Political

o   Social Justice refers to the equal treatment of all citizens without any social distinction on the basis of cast, colour, race, religion or sex.

o   Economic Justice refers to the elimination of inequality in wealth, income and property.

o   Political Justice refers that all the citizens should share equal political rights (the ideal of justice has been taken from Russian Revolution, 1917)

·         Liberty:  It means the absent of the restraints on the activities of the individual and at the same time providing opportunities for the development of individual.

·         Equality: It means the absence special privileges to section of sociality.

·         Fraternity: It means the sense of brotherhood. It assure the dignity of the individuals and unity and integrity of the nation. (The ideals of liberty, equality and fraternity have been taken from French Revolution, 1789)

Ø    Comments:

           ü  “The Preamble is the horoscope of our sovereign democratic republic.” – K.N. Munshi

           ü  “Preamble is the keynote of the Indian Constitution.” – Sir Earnest Barker

           ü  “Preamble is the soul of Constitution.” – Thakur Das Bhargab

           ü  “Preamble is the paradise of lawyers” – M.V. Pellai

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