The word preamble means a preliminary or preparatory statement; an introduction. It contains ideals that the Constitution seeks to achieve.
It gives direction and purpose to the Constitution. It also enshrines the grand objectives and socio-economic goals which are to be achieved through constitutional processes.
It aids the supreme court in determining whether a particular provision or piece of legislation is consistent with the spirit of the constitution.
The Preamble to the Constitution of India presents the principles of the Constitution and indicates the sources of its authority. The Preamble is based on the 'Objectives Resolution', drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly on 26 November 1949.
Every single word used in the preamble has a significant importance. Read it once again...word by word.
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
SOVEREIGNTY denotes supreme and ultimate power. A sovereign state or country is independent and not under the authority of any other country.
It has two aspects- external and internal.
Internal sovereignty is freedom-to, while external sovereignty is freedom-from. As internal sovereignty implies unlimited freedom to interfere within, external sovereignty implies unlimited freedom from interference from without.
Internal sovereignty means supreme authority within one's territory, while external sovereignty relates to the recognition on the part of all states that each possesses this power in equal measure.
External sovereignty or sovereignty in international law means that India as an independent state is not dependent or bound by the will of other states/nations, in her conduct with other states in the committee of nations. Sovereign in its relation between states and among states signifies independence.
External sovereignty is the ability of a country to conduct its own foreign affairs and make decisions about its relationships with other countries. This includes negotiating treaties, making alliances, and engaging in diplomacy. It is an important aspect of a country's independence and autonomy.
The external sovereignty of India means that it can acquire foreign territory and also cede any part of the Indian territory, subject to limitations (if any) imposed by the constitution.
On the other hand, internal sovereignty refers to the relationship between the states and the individuals within its territory.
Internal sovereignty refers to the power that a government has within its own territory and the ability to exercise control over its citizens. It is the supreme political authority of an independent state and includes the power to make decisions and enforce laws within its borders.
Internal sovereignty relates to internal and domestic affairs, and is divided into four organs, namely, the executive, the legislature, the judiciary and the administrative.
For example, legitimacy of Parliament stems from democratic elections. Claims of legitimacy within internal sovereignty usually refer to a social contract with its people, in which the sovereign body has been elected.
As internal sovereignty is a matter of supremacy, external sovereignty is a matter of independence. External sovereignty is independence, or freedom from interference, not only in relation to any would-be higher, that is, international or supranational, authority, but also in relation to other states.
The principle of state sovereignty encompasses the concepts of territorial integrity and territorial authority, the independence of state powers, and the equality of states in the international order. I shall be treating this aspect in detail in my next chapter.
SOCIALIST - It was meant to highlight the Indian state's aspirations to reduce socio-economic inequalities The term 'socialist' was meant to indicate democratic socialism, i.e., the achievement of socialistic goals through democratic, evolutionary and non-violent means.
It implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language. Distribution should be based on not only a reasonable expectation of providing an advantage for all but also on ensuring the greatest benefit to the least advantaged in society. In addition, the policies and processes of this distribution should be open to all.
Since wealth is generated socially, wealth should be shared equally by society and not concentrated in the hands of few, and the government should regulate the ownership of land and industry to reduce socio-economic inequalities.
SECULAR means that the relationship between the government and religious groups are determined according to constitution and law. It separates the power of the state and religion.
There is no difference in religion i.e. Hinduism, Islam, Christianity, Sikhism, Buddhism and Jainism are equally respected and moreover, there is no state religion.
All the citizens of India are allowed to profess, practice and propagate their religions. Secularism is a part of the basic structure of the Indian Constitution and it means equal freedom and respect for all religions.
Secularism means separation of religion from political, economic, social and cultural aspects of life, religion being treated as a purely personal matter. It emphasized dissociation of the state from religion and full freedom to all religions and tolerance of all religions.
The term “secular” was added to the Preamble to promote unity and fraternity among people of various faiths.
State Neutrality: Secularism in the Indian context implies that the state maintains neutrality and impartiality towards all religions. It does not favor any particular religion as a “state religion.”
DEMOCRATIC The word democratic refers not only to political democracy but also to social and economic democracy. The main reason to incorporate democracy is to provide freedom to the people to choose their own representative and to save them from tyrant rulers.
The characteristics of Indian democracy include accountable representative governments, universal adult suffrage, one vote, one value, an unrestrained judiciary, etc.
Democracy gives the right to freedom of speech, disagreement, and criticism of the current government. The liberty to express controversial or unpopular thoughts.
People are given powers to replace undesirable governments via constitutional means.
REPUBLIC - this word denotes a government where no one holds public power as a proprietary right. As opposed to a monarchy, in which the head of state is appointed on a hereditary basis for life or until abdication, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure.
Thus, India has a president who is indirectly elected and has a fixed term of office. There's an absence of a privileged class and all public offices are open to every citizen without discrimination.
In a republic, the main focus is on the constitution. The laws are made by the elected representatives of the people. Political power is in the hands of individual citizens. The will of the majority cannot be overridden since the constitution will protect those rights.
JUSTICE means that each individual be treated fairly, and given the same opportunities. Justice refers to the fact that all Indian citizens should receive social, economic, and political justice. Since the dawn of human civilization, the concept of justice has been central. These are secured through various provisions of Fundamental Rights and Directive Principles.
It stands for rule of law, absence of arbitrariness and a system of equal rights, freedom and opportunities for all in a society.
The Preamble speaks of social, economic and political justice. The concept of justice goes beyond its narrow legal connotation. Significantly the words ‘social’ and ‘economic’ occur before the word ‘political’.
(i) Social Justice: Social Justice means the absence of socially privileged classes in society and no discrimination against any citizen on grounds of caste, creed, color, religion, gender or place of birth. India stands for eliminating all forms of exploitations from the society.
(ii) Economic Justice: Economic Justice means no discrimination between man and woman on the basis of income, wealth and economic status. It stands for equitable distribution of wealth, economic equalities, the end of monopolistic control over means of production and distribution, decentralization of economic resources, and the securing of adequate opportunities to all for earning their living.
(iii) Political Justice: Political justice means equal, free and fair opportunities for people for participation in the political process. It stands for the grant of equal political rights to all the people without discrimination. The Constitution of India provides for a liberal democracy in which all the people have the right and freedom to participate.
LIBERTY - The idea of Liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no unreasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish to follow up their thoughts in action within the framework of the Indian Constitution.
Democracy is closely connected with the idea of liberty; certain minimal rights must be enjoyed by every person in a community for a free and civilized existence. These basic rights are spelt out by the Preamble as freedom of thought, expression, belief, faith and worship. The chapter on Fundamental Rights guarantees this freedom explicitly, subject to certain regulations; after all, liberty is not to degenerate into license if democracy is to survive.
Our Constitution believes in freedom of different nature-social, civil and political as articulated through the fundamental rights in the Constitution. The liberty of thought and expression is enshrined in Article 19 and the Right to Life and Personal Liberty is guaranteed by Article 21, both part of the fundamental rights.
Anything that has the potential to cause public unrest is not is not considered under liberty. The Constitution establishes certain boundaries in order to prevent harm in the name of liberty.
EQUALITY The term 'equality' refers to the absence of particular privileges for any group in society, as well as the availability of suitable opportunities for all people without discrimination. The Preamble guarantees equality of status and opportunity to all citizens. This provision embraces three dimensions of equality – civic, political and economic.
Diversity is not eliminated in the name of equality.
‘Equality before law’ and ‘equal protection of laws’ is guaranteed by the Fundamental Rights, enshrined in the constitution.
Equality is critical because it protects an individual's "dignity." Dignity entails self-respect as well as the respect one deserves from others for being a fellow human being.
Despite the fact that the Right to Equality is guaranteed to all citizens of the country, there are many regions where discrimination on the basis of caste, religion, origin, gender, or race persists, which is why the creators of the constitution guaranteed the right to equality to every individual residing within the territory of India.
FRATERNITY means a sense of common brotherhood of all Indians—if Indians are seen as being one people. It is the principle which gives unity and solidarity to social life; without fraternity, liberty and equality could not become a natural course of things. It would require a constable to enforce them.
Fraternity has to assure two things- the dignity of the individual and the unity and integrity of the nation.
Conclusion: The preamble serves as an introduction to the statutes, or the constitution. A preamble is a declaration issued by the legislature with the goal of passing a statute, and it is useful in the interpretation of any statute. The preamble has a crucial role in determining the country's destiny.
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