ALL YOU NEED TO KNOW ABOUT PREAMBLE

After the attainment of independence the people of India were looking for a government of their own to fulfill the aspiration they had cherished during the freedom struggle. As the leaders had promised that after the Independence India will have a government based on the idea of democracy and Justice it was hence necessary to give a proper shape to these ideas and ideals these what enshrined by the constituent assembly in the constitution of India .

Q. what do you mean by the term Preamble ? Throw lights on its history.

Ans- The term Preamble refers to the introduction or preface to the constitution, it also contains the summary or essence of the constitution. It is also know as the spirit and backbone of the Indian constitution, it is the Preamble which gives a brief idea about why the constitution has been prepared basically a Preamble means a ddeclarations made by the legislature with the objective for the passing of the statute and is helpful in the interpretation of a statute.

N.A Palkhivalva an eminent jurist and constitutional expert, called the preamble as the identity card of the constitution.

• ( History of the preamble )

The Preamble to the Indian Constitution is based on the objective resolution of Jawaharlal Nehru , he introduced the objective resolution on December 13 , 1947 and it was adopted by constituent assembly on 22nd January 1947.The drafting committee of the assembly in formulating the Preamble in the light of objective resolution felt that the Preamble should be restricted two defining the essential feature of the new state and its basic social political objective and that is other matters dealt with resolution could be more appropriately provided for the substantive part of the constitution.

Q. Discuss preamble as a borrowed feature. Is it correct to say that we have borrowed it from one nation ?

Ans- In the utmost technical sense the term and the idea of Preamble was borrowed from the USA, but it’s in context form has been shaped by different ideas. On December 1946 Nehru moved document in the cabinet title ‘objective resolution’ it outlined what type of nation India should strive to became it was unanimously passed by the cabinet and it formed the idea that Preamble was based on the for ideals.

Preamble puts out four ideas justice Liberty equality and fraternity.

Justice- social economic and political (US Constitution)

Liberty - of thought, expression, belief faith and worship (French constitution)

Equality - of status and of opportunity (French constitution)

Fraternity - to be promoted among all the Indians

The preamble also solemnly resolve to make India a sovereign socialist secular democratic and Republic each of this idea is common to all the democratic nations of the world, so to say that this was borrowed from the one particular nation is wrong The Preamble was a mixture of ideas with influence of all parts of the world including India.

Q. Describe the features of preamble in detail with landmark case laws.

Ans- Preamble is a part of our constitution; the contents of Preamble play an important role in interpretation of our constitution. The Preamble sets out the main objective which the legislation is intended to achieve. It contains in a nutshell the ideals and aspiration of the act; it is a short introduction to the statute and many other times very helpful to understand the policy and legislative intent. It embodies in a Solemn form all the ideals and aspirations for which the country had struggled because the British regime.

The words included in the Preamble are wisely selected and arrangement of the terms and their order clearly defines their significance and participation in the making of the constitution.

The main terms in the Preamble are :

• The words we the people of India indicates that the people of India are the source of authority behind the constitution. The term people clearly state the participation of the citizens of the country. It defines that the sovereign authority are the citizens of India, it clears the fact that all power vested in the government is given by the people themselves.

• It is the Citizen who chooses the government, the term we the people of India says that the author of the constitution is the people.

Sovereign

• The terms sovereignty means that India is neither a dependent nor dominion of any other nation; it’s basically means supreme and absolute power. Sovereignty denotes supreme and ultimate power

• It may be real or normal, legal or political, individual or pluralistic.

• In monarchies sovereignty was vested in the person of monarchs, but in Republican form of government, which mostly prevail in the contemporary world, sovereignty is shifted to the elected representatives of the people.

• According to D.D Basu the word sovereignty is taken from Article 5 of the constitution of Ireland.

• Sovereign or supreme power is that which is absolute and uncontrolled within its own sphere

In the words of Cooley, ‘A state is sovereign when there resides with itself Supreme and absolute power, acknowledging no superior’.

Though India became a sovereign country on 26 January 1950 having equal status with the other members of the international community she decided to remain in the common welfare of nations.

Socialist

The term Socialist has been inserted in the constitution of India by 42nd amendment act of 1976 .Even prior to this amendment other idea was implicit in the constitution in the form of certain Directive Principles of State Policy the term socialist use here refers to democratic socialism diet is achievement of socialist goals two democratic evolutionary and non- violent means essentially it means that it since the wealth is generated socially wealth should be shared equally by society see-through distributive justice not concern treated in the hands of few and that the government should regulate the ownership of land and industry to reduce socioeconomic inequalities

Case: D. S . Nakara v .Union of India

The court observed that the basic reason to include the term socialist was too brief the main cause so that they can make provisions of the constitution which provide a decent life to the citizen and specially security from cradle to the grave.

The principal the socialist state, the Supreme Court held was to eliminate inequality in income and status and standard of life

Case : Air India statutory Corporation v. United Labour union

The court states that the main purpose of the concept of socialism is to establish social order through the rule of law

Case: Samatha v. State of Andhra Pradesh

The supreme court observed that the word social is used in the Preamble must be read from the goals Article 14 ,15 ,16, 17 ,21 ,23,38 ,39,46, and all other cognate articles sought to establish that is to reduce inequalities in income and status and to provide equality of opportunity and facilities.

Secular

This term was added by 42nd Constitutional Amendment Act of 1976, it explains that the state does not recognise any religion as the state religion and that it treats all religions as equal with equal respect without, in any manner or interfering with their individual rights of religion faith and worship. It does not mean that it is an irreligious or atheistic state nor, it means that India is an anti- religious state. It neither promotes nor practices any particular religion nor does it interfere with any religious practice the constitution insurance equal freedom to all religion.

Case :In St. Xavier’s College v. State of Gujarat

It was explained in this case that secularism is neither anti-God nor- god it treats alike devout the agnostic and the atheist. it eliminates god from the matters of the state and ensure that no one shall be discriminated against on the grounds of religion that every person is free to mold or regulate his relations with his God in any manner he is free to go to god or to Heaven in his own way and that worshipping god is left to be dedicated by his own conscience.

Case S.R. Bommai v. Union of India

A nine judge bench of the apex court observe that the concept of secularism was very much embedded in our constitutional philosophy what was implicit earlier had been made explicit by the constitution 42nd amendment in 1976.

Case : Aruna Roy v. Union of India

The Supreme Court has said that secularism has a positive meaning that is developing, understanding and respect towards different religion.

Case I.R. Coelho v. State of Tamil Nadu

· it has been held that secularism is a matter of conclusion and to be drawn from various articles conferring fundamental rights if secular character is not to be found in part 3 the Court ruled, it cannot be found anywhere else in the constitution because every fundamental right in part 3 stands either for a principle or a matter of detail.

Democratic

The term democracy is derived from the Greek word demo which means the people and kratos which means authorities. Democracy means government by the people, it is the form of the government in which people elect their representatives and indirectly participate in government activities.

Democracy can be of two type direct or indirect democracy, in the direct democracy every people has the voting power not only in selecting the government but also in changing the constitution.

In indirect democracy, people have a Right to vote and select their representatives and those representatives, represent the citizens in the administration.

Case : The supreme court in Mohan Lal v. District Magistrate, Rai Bareilly ,

The court defines Democracy as the political concept in which the people directly or through their representatives give their involvement in the administration.

Case: In union of India v. Association for democratic reforms

The court observed that democracy is important in essential of a welfare state the people should get a chance to elect their leader who can at for the people.

Republic

A democratic polity can be classified into two categories (monarchy and Republic) in Monarchy the head of the state usually Kings or Queen enjoys a hereditary position that is he comes into office through succession example Britain.

In a Republic, on the other hand the head of the state is always elected directly or indirectly for a fixed period example USA.

Therefore, the term Republic in our Preamble indicates that India has elected head called the President. He is elected indirectly for a fixed period of five year.

Republic also means two more things one vesting of a political sovereignty in the people and not in a single individual like a king ,second the absence of any privilege class and hence all the public office being open to every citizen without any discrimination.

Other features of preamble:

Justice

The term justice in the Preamble embraces three distinct from social economic and political secured through various provisions of fundamental rights and directive principles

Social justice - it denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex, and so on. It means absence of privileges being extended to any particular section of the society and improvement in the conditions of the backward class (schedule caste Scheduled tribe and other backward class) and women.

Economic justice – it denotes the non discrimination between people on the basis of economic factors. It involve the elimination of glaring inequalities in wealth income and property a combination of Social justice and economic justice denotes what is known as distributive justice .

Political justice- it denotes that all citizens should have equal political rights equal access to all the political offices and equal voice in the government

The ideal of justice, social, economic and political has been taken from the Russian Revolution (1917)

Case: Air India Statutory Corporation V. United labour Union the court observed that the aim of justice is to secure the political social economic interest of citizen and to provide the opportunity and standard of life and allow them to live with dignity.

Liberty

The term Liberty means absence of restraints on the activities of individual and at the same time providing opportunities for the development of individual personality .The Preamble secured to all the citizens of India Liberty of thought expression belief faith and worship through the fundamental rights in possible in court of law in case of violation.

Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democratic system however Liberty does not mean licence to do what one likes and has to be enjoyed with the limitations mentioned in the constitution it itself. In brief the Liberty conceived by the Preamble or the fundamental rights is not absolute but qualified.

The ideals of Liberty equality and fraternity in our Preamble has been taken from the French revolution (1789- 1799)

Case: Meyer v. Nebraska

In this case the court observed that the term Liberty does not mean absolute freedom but the freedom with some local social control in order to protect the interest of other people

Equality

The term equality means the absence of special privilege to any section of the society and the provision of adequate opportunities for all individuals without any discrimination. The Preamble secured to all citizens of India equality of status an opportunity. This provision embraces three dimension of equality Civil, political, and economic.

The following provision on the chapter of fundamental right, ensure Civic equality:

1. Equality before law (Article 14)

2. prohibition of discrimination on Grounds of religion, race, caste sex and place of birth (article 15)

3. equality of opportunity in matters of public employment (article 16)

4. abolition of untouchability (Article 17 )

5. abolition of title (article 18)

• These are two provisions in the Constitution that seek to achieve political equality

• No person is to be declared in ineligible for inclusion in electoral rolls on ground of religion ,race ,cast , sex (article 325 )

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

• The directive principle of State Policy (article 39) secure to men and women equal right to an adequate of livelihood and equal pay for equal work.

Fraternity

Fraternity means a sense of Brotherhood .The constitution promote this feeling of fraternity by the system of single citizenship .Also the fundamental duties (Article 51 A) says that it shall be the duty of every citizen of India to promote harmony and the spirit of common Brotherhood amongst all the people of India transcending religious, linguistic ,religion ,sectional diversity.

The Preamble declares that fraternity has assure two thing-the dignity of the individual and the unity and integrity of the nation the word integrity has been added to the Preamble by 42nd amendment 1976

According to K.M Munshi a member of the drafting committee of constituent assembly , the phrase ‘dignity of the individual’ signifies that the constitution not only and sure material betterment and maintain a democratic setup but that is also recognizes that the personality of every individual is sacred.

It is highlighted through some of the provision of fundamental rights and directive principle of State Policy which ensure the dignity of the individual for that the fundamental duties (Article 51 A) also protect the dignity of women by stating that it shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women also make it the duty of every citizen of India to uphold and protect the sovereignty, unity, and integrity of the nation.

Q. Elaborate Preamble as an Interpreter of Legislation and statutes

Ans- The constitution of India starts with a preamble which contains the spirit of the constitution and every legislation framed is in conformity with the spirit of the preamble and thus the constitutionality and objects of the statutes are tested .The preamble also bears the aims and objectives that the people of India seek to establish with the establishment of Indian constitution any legislation made is made with the purpose and in accordance with the objective of the preamble itself . So, ‘preamble is the legislation in a nutshell ‘. It is a preparatory statement. It contains the recalls showing the reason for enactment of any legislation and prevents the legislation to fall in the arms of ambiguity.

Q. Can preamble be amended under Article 368 of Indian Constitution?

Ans- This question was raised from the first time before the supreme court in the historic case of kesavananda Bharti v. State of Kerala in that case the attorney-general argued that by virtue of the amending power in Article 368 even the Preamble can be amended .It was said that since the Preamble was a part of the Constitution it could be amended like any other provision of the constitution. The petitioner however contended that amending power in Article 368 is limited Preamble creates an implied limitation on the power of amendment the Preamble contains the basic elements of the fundamental feature of our constitution. Consequently amending power cannot be used as to destroy or damaged these basic feature mentioned in the Preamble. It was urged that Preamble cannot be amended as it is not a part of the constitution the supreme court and therefore, on this point the berubari opinion was wrong .

On the question, whether Preamble can be amended the majority held that since the Preamble is a part of constitution it can be amended but subject to this condition that the basic feature of Preamble cannot be amended.

The court said that ‘the Edifice of our constitution is based upon the basic elements mentioned in the Preamble. If any of these elements as remove the structure will not survive and will not be the same constitution or it cannot maintains its identity. The Preamble declares that the people of India resolved to contribute their country into sovereign democratic republic secular and socialist no one can suggest that these words are expression are ambiguous in any manner and amending power cannot be interpreted so as to confer power on Parliament to take away any of these fundamental and basic characteristic of policy.’ It is hence contended that this view of court is correct. The amending power cannot change the constitution in such a way that it ceases to be a sovereign, democratic, republic it can only be done wrecking constitution.

Q. Is preamble a part of constitution?

Ans- Yes , Preamble is a part of constitution in Re- berubari case 1960 Supreme Court held that Preamble is not a part of constitution but later in kesavananda Bharati case 1973 the supreme court give an elaborate word that which inter alia set that Preamble is a a part of constitution and is subject to the amending power of the Parliament as any other provision of the Constitution provided the basic structure of the Constitution is not destroyed in light of kesavananda Bharti as well as other judgement the following points about the constitution must be noted Preamble is a part of constitution Preamble indicates basic structure of the constitution Preamble can be amended by the Parliament using its amendment power as per Article 368.

(Note)

Preamble has been amended only once so far through the 42nd amendment act 1976 the words secular socialist and integrity were added to the constitution.

• Preamble enshrines the ideas and philosophy of the constitution, and not the narrow objective of the government.

• It also does not provide any legal framework of constitutional law.

• Preamble is neither a source of power nor a source of limitation.

• It neither provides any power nor imposes any duty.

• Its importance is in role to be played in interpretation of statutes, also in the interpretation of the provision of the constitution.

• Constitution should be read and interpreted in the light of the Grand and novel vision expressed in the Preamble.

• Preamble is neither enforceable nor justifiable in a court of law. This implies that Court cannot pass order against the government in India to implement the idea in preamble.

Q. How does the Supreme Court of India interprets the preamble?

Ans- The Preamble was added to the constitution after the rest of the Constitution was already enacted.

The Supreme Court in Berubari Union case (1960) held that the Preamble was not a part of the Constitution of India.

However, it recognised that the Preamble could be used as a guiding principle of a term in any article of the Constitution is ambiguous or has more than one meaning.

In Keshvananda Bharti case 1973 the Supreme Court overturned its earlier this season and held at Preamble is a part of the constitution and can be amended under Article 368 of the Constitution.

Again in LIC of India case the Supreme Court held that the Preamble is a part of Constitution.

Thus the Preamble to the constitution of free India remains some beautiful worded prologue. it contains the basic ideas ,objectives ,and philosophical postulates the constitution of India stands for the provide justification for constitutional provision

Info bits related to preamble 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 of Jabalpur

• Supreme Court of India has in kesavananda bharti case recognised that the Preamble may be used to interpret ambiguous areas of the Constitution where differing interpretations present themselves.

• (In the 1995 case of union government V. LIC of India) also the Supreme Court has once again held at Preamble is an integral part of the Constitution.

• As originally enacted the Preamble describes that the state as a sovereign, democratic, republic , but in 1976 the 42nd amendment change this by adding words socialist and secular to reach ‘sovereign ,socialist ,secular, Democratic Republic .

• Preamble was adopted on 26 November 1949 by the constituent assembly and came into effect on 26 January 1950 this Day is celebrated as the Republic Day in India.

• Preamble was made in 1947 adopted in 1949.

• The Calligraphy of Preamble was done by Prem Behari Narain Raizada.

Conclusion

The constitution of India begins with a preamble, the Preamble contains the ideals, objectives and basic principles of the constitution, the introduction to the statutes i.e. introduction to the constitution, a Preamble means a declaration made by the Legislature with the objective for the passing of the statute and is helpful in the interpretation of any of the statute. The Preamble place a very important role in shaping the destiny of the country.

The only question raised about the scope of Preamble is whether it is a part of the Constitution or not?

But in case kesavananda Bharati case the 13 judge’s constitutional bench give its judgement and declare that Preamble is a part of the constitution.

• The Preamble does not grant any power to anyone but it gives the structure on which the constitution’s stands like the country should be ‘sovereign socialist secular Democratic Republic’

• The government should be elected by the people for the people and of the people the real sovereign power should be vested in the people of India the people should get justice liberty and equality.

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JUDICIAL SERVICE EXAMINATION QUESTIONS

1.Who said that " preamble to the constitution of India is it's spirit and back" ?

A) justice P. N. Bhagwati

B) Justice R. C. Lahoti

C) Justice J. S. Verma

D) Justice Krishna Iyer

2. In the context of preamble of the constitution, the following statement is not correct :

A) It can be used to remove ambiguities

B) It was duly passed by the constituent assembly

C) It can be amended

D) It is not a part of constitution

3. Preamble of the constitution declares India as:

A) a socialist Democratic Republic

B) a sovereign socialist secular Democratic Republic

C ) sovereign democratic republic

D ) none of the above

4 ) which of the following is correct about the Preamble to the constitution of India ?

A) it was adopted after adoption of operative Article of constitution

B ) it envisages that all Citizens have fundamental rights

C) it seeks to secure good livelihood to all

D) it is not a part of the constitution

5. Indicate the correct answer :

Preamble of the Constitution

A ) it is not a part of Constitution

B. ) is a part of the Constitution but it is not an operative part of the Constitution

C ) it is operative part of constitution

D. ) has no relationship with the constitution

6) In Re berubari and exchange of enclaves the Supreme court held that :

A) rule of law is not a part of constitution

B) rule of law is a part of constitution

C) Preamble is not a part of constitution

D) Preamble is a part of constitution

7 ) " Preamble of our constitution is of extreme importance and the constitution should be read and interpreted and the light of grand and noble vision expressed in the Preamble ."

This observation was made by chief justice Sikri in a case of

A) A. K .Gopalan v. State of Madras

B) In Re berubari case

C) Keshwanand Bharati v. State of Kerala

D) S. R. Bommai v. Union of India

8. Which of the following statement is incorrect?

A) The Preamble is a key to the understanding of the mind of founding fathers

B) The Preamble embodies the ideals hope faith and aspirations of the people

C) the Preamble embodies the intention of the founding fathers and objective of the constitution

D ) the Preamble of the Constitution has no importance . It is no more than introduction to the constitution

9 . In the case of Golaknath v. State of Punjab, it was remarked that our Preamble contains in a nutshell in ideals and aspirations 'who was the judge?

A) Mathew, J .

B) Krishna Iyer ,J .

C ) Subah Rao ,J .

D ) H. R. Khanna , J .

10. Preamble is a part of the Constitution.

This observation of Supreme Court was held in the case of:

A) kesavananda Bharati v. State of Kerala

B ) Vishaka v. State of Rajasthan

C) D.K. Basu v. Union of India

D) R.S. Nayak v. A. R . Antulay

11 . The word sovereign socialist secular Democratic Republic was introduced in Preamble by the :

A) 15th amendment

B) 39th amendment

C) 42nd amendment

D) 44th Amendment

12. The word " secular " used in the Preamble of the Constitution of India means:

A) the state has no religion of its own

B) all religion are treated equally

C) the state has no common religion

D) both A and B are correct

13. which of the following does not find the place in the Preamble of the Constitution of India :

A) Liberty of thought and expression

B) economic justice for all

C) education for everyone

D) dignity of the individual

14. The preamble to the constitution of India :

A) contains the resolution to constitute India into inter Alia a socialist republic ,since the framing of the constitution

B) The word "socialist " was incorporated in the preamble by the 42nd amendment with effect from 3rd January, 1977

C) never contained the word socialist

D) the word socialist was dropped by the 42nd amendment (supra)

15 Indian constitution was adopted and enacted by the constituent assembly of India on :

A) 9 December 1946

B) 26 January 1946

C) 26 November 1949

D) 26 January 1950

16. The Chairman of the constituent assembly was

A) Jawaharlal Nehru

B) Jayaprakash Narayan

C ) C. Rajagopalachari

D) Dr. Rajendra Prasad

17. The Constitution was finally signed by the members of the constitutent assembly on:

A) 24th January ,1950

B) 26 November ,1949

C) 17 october, 1949

D) 10 December ,1948

18 Who among the following is sovereign in India:

A) president of Indian

B) prime minister of India

C) council of minister headed by the Prime Minister

D) We the people of India

19. In which of the following case did the supreme court holds that Preamble to the constitution is a part of its basic structure?

A) Kartar Singh v. State of Punjab

B) S. R. Bommai v. Union of India

C) Indira Sahney v. Union of India

D) Lakshmi Kant pandey v. union of India

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1)d 2)d 3)b 4)a 5)b 6)c 7)c 8)d 9)c 10)a 11)c 12)d 13)c 14)b 15)c 16)d 17)a 18)d 19)b

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