Understanding the Preamble

PREAMBLE In General

• Preamblecomes from the Latin praeambuluswhich means “walking before.“
• And that’s what a preambledoes — it “walks” before a speech, often explaining what’s coming
• the introductory part of a constitution or statute that usually states the reasons for and intent of the law
• Clearly communicates the intentions of the framers and the purpose of the document. The preamble is an introduction to the highest law of the land;

PREAMBLE OF THE US CONSTITUTION

The American Constitution which  is one of the oldest surviving and codified constitution since 1779 also starts from the preamble.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The Preamble to the U.S. Constitution summarizes the Founding Fathers’ intention to create a federal government dedicated to ensuring that “We the People” always live in a safe, peaceful, healthy, well-defended—and most of all—free nation.

PREAMBLE OF THE INDIAN CONSTITUTION

• The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.
• These resolutions were moved on 13thDecember 1946by Jawaharlal Nehru.
• Further, these resolutions were adopted on 22ndJanuary, 1947 by the assembly. The summary of these resolutions is as follows-
• India is an independent, sovereign, republic.
• India shall be a Unionof erstwhile British Indian territories, Indian States, and other parts outside British India and Indian States as are willing to be a part of the Union.
• Territories forming the Union shall be autonomous unitsand exercise all powers and functions of the Government and administration, except those assigned to or vested in the Union
• All powers and authority of sovereign and independent Indiaand its constitution shall flow from the people
• All people of India shall be guaranteed and secured social, economic and political justice; equalityof status and opportunities and equalitybefore law; and fundamental freedoms – of speech, expression, belief, faith, worship, vocation, association and action – subject to law and public morality.
• The minorities, backward and tribal areas, depressed and other backward classes shall be provided adequate safeguards.
• The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be maintained according to justice and law of civilized nation.
• The land would make full and willing contribution to the promotion of world peace and welfare of mankind.

Source of Preamble

WE, THE PEOPLE OF INDIA
Having solemnly resolved to constitute India into a

Nature of Indian States

• Sovereignty means the constitutional independence of a state.
• Socialist:The term means the achievement of socialist ends through democraticmeans. It holds faith in a mixed economy where both private and public sectors co-exist side by side
• Secularism stands for no discrimination and partiality on grounds of religion and equal opportunities to follow all religions.
• Democracy is government of, by, and for the people. It is government of a community in which all citizens, rather than favored individuals or groups, have the right and opportunity to participate
• A’Republic’ is a State in which supreme power is held by the people and their elected representatives

Types Of Justices – 3

• Social justice means the abolition of all sorts of inequities which may result from the inequalities of wealth, opportunity, status, race, religions, caste, title and the like. To achieve this ideal of social justice, the Constitution lays down the Directives for the State in Part IV of the Constitution.
• ‘Economic Justice’ means the banishment of poverty, not by expropriation of those who have but by the multiplication of the national wealth and resources and an equitable distribution thereof amongst all who contribute towards its production, is the aim of the state envisaged by the directive principles.
• Political justice means equal, free and fair opportunities to the people for participation in the political process. It stands for the grant of equal political rights to all the people without discrimination.

Types Of Liberty – 5

Types Of Equality – 2

Types Of Fraternity – 2

Date of its Adoption

• The date of adoption of the Constitution is 26th November 1949.  But most of the articles in the Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th November 1949 is given by Article 394.
• Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January 1950, which day is referred to in this Constitution as the commencement of this Constitution.

Important Point for Mcqs

• Who was the Calligrapher of the Indian Constitution:
  • Prem Behari Narain Raizada (1901–1966) was the calligrapher who hand-wrote the Constitution of India.

• Who was the chief artist behind the illustration of the original Indian Constitution: 
  • Nandalal Bose took up the historic task of beautifying/decorating the original manuscript of the Constitution of India. He was assisted by his disciple Beohar Rammanohar Sinha.

• Who designed and decorated the Preamble page of the Indian Constitution:
  • The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinhaof Jabalpur.

Preamble as a Part of the Constitution

• One of the controversies about the Preamble is as to whether it is a part of the Constitution or not.

1. In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution.

Preamble as a Part of the Constitution

1. In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.
2. In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.  

Can the Preamble be amended?

• The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic case of Kesavananda Bharati (1973).
• It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that “the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble.
• The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union case (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features.’
• The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act (Mini Constitution), which has added three new words—Socialist, Secular and Integrity—to the Preamble.
• This amendment was held to be valid.