Chapter 4 - Preamble of the Constitution

Chapter 4

Preamble of the Constitution

American Constitution first to begin with the preamble
Preamble refers to the introduction or preface to the Constitution
Based on objective resolution drafted and moved by Pandit nehru.

Amended by 42nd Constitutional Amendment act 1976 which added three new words socialist secular and integrity. 

Ingredient of the Preamble
source of authority Of the Constitution-
From the people of India

Nature of Indian state- Sovereign, socialist, secular, Democratic and Republican polity

Objective- Specifies Justice Liberty equality and fraternity

date of adoption- 26 November 1949

Keywords in the Preamble

Sovereignty
Implies India is neither a dependency nor a Dominion of any other Nation but an independent states.
It is free to conduct its own affairs.
India can either acquire foreign territory or cede a part of its territory in favor of a foreign state.

Socialist
Term added by 42nd Amendment act in 1976.
Indian brand of socialism is a democratic socialism and not a communist socialism

Holds faith in a mixed economy where both for public and private sectors coexist side-by-side.

Secular
Term Added by 42nd Amendment Act of 1976.
Article 25 to 28 Guaranteeing the right to freedom of religion
Indian constitution embodies positive concept of secularism

Democratic
Position of supreme power by the people Of two types direct and indirect

Indirect democracy- People exercise their supreme power directly
Examples Switzerland.
Four devices of direct democracy- referendum, initiative, recall, plebiscite

Indirect democracy- Representative elected by the people exercise the supreme power
Also known as representative democracy.

Of two types-
Parliamentary and presidential

India's parliamentary democracy- executive is responsible to the legislature.

Universal adult franchise, periodic elections, rule of law, independence of Judiciary and absence of discrimination on certain grounds shows democratic character

Republic

A democratic polity classified into two categories- monarchy and Republic

In a monarchy Head of the State enjoys hereditary position.

In Republic Head of the state is always elected directly or indirectly for a fixed period
India has an elected head called the president. Elected indirectly for a fixed period of five years

Republic also means two more things-
1) vesting of political sovereignty in the people
2) absence of any privileged class and hence all public offices being open to every citizen without any discrimination.

Justice
Three distinct forms- social economic and political
secured through various provisions

Social justice denotes equal treatment of all citizens without any discrimination

Economic Justice denotes non discrimination between people on the basis of economic factors.

Combination of social justice and economic Justice known as distributive justice

Political Justice implies all citizens should have equal political rights equal access to all political offices and equal voice in the government.

Ideal of justice social economic and political has been taken from Russian Revolution 1917.

Liberty
Means the absence of restraint on the activities of individual And at the same time providing opportunities for the development of individual personalities.

Preamble secures Liberty of thought expression belief faith and worship through their fundamental rights

Liberty doesn't mean license to do what one likes and has to be enjoyed within limitations mentioned in the Constitution itself

Ideals of Liberty equality and Fraternity in our Preamble have been taken from the French Revolution (1789 to 1799)

Equality
Means absence of special privileges to any section of the society.
And provision of Adequate opportunities for all individual without any discrimination

Three dimensions of equality- Civic political and economic

Civic equality ensured in- Equality before law (article 14-18)

Political equality-
No person is to be declared ineligible for inclusion in electoral rules on grounds of religion race sex or caste(Article 325)

Elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (article 326)

Economic equality-
Directive principles of State policy (article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.

Fraternity
Sense of Brotherhood
Promote This Feeling by System of single citizenship
Also fundamental duties

Has to assure two things the Dignity of the individual And unity and Integrity of the nation

Word integrity added to Preamble by the 42nd Constitutional Amendment act 1976

Significance of the preamble

Preamble embodies the basic philosophy and fundamental values-
political, moral and religious- on which the Constitution is based.

Reflects the dreams and aspirations of the founding fathers of the Constitution

Preamble as part of the Constitution

In berubari Union case(1960)
Supreme Court opined that Preamble is not a part of the Constitution

In keshavanandabharti case (1973)
Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.

Amenability of the preamble.
Question on whether the Preamble can be amended under article 368 Arose for the first time in keshavananda case 1973

It was urged that the Preamble cannot be amended as it is not a part of the Constitution.
The Supreme Court, however held that the Preamble is a part of the Constitution.

Court stated that the opinion tendered by it in berubari Union case 1960 in this regard was wrong.
And held that the Preamble can be amended.

Preamble has been amended only once so far in 1976 by 42nd Constitutional Amendment act- added three new words socialist secular and integrity to the preamble.