INDIAN POLITY-PREAMBLE

 

  Preamble

  • It is part of Constitution. It tells the about the Goals of the Constitution and the ways to achieve
    these goals.
  • “We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN,
    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 of nation
    IN OUR CONSTITUENT ASSEMBLY, this 26th day of November 1949, do HEREBY ADOPTENACT AND
    GIVE TO OURSELVES THIS CONSTITUTION.”
    The words “secular”, “socialist” and “and integrity” were added later on to the preamble by the 42nd amendment act, 1976.
    Now India was read as sovereign, socialist, secular, democratic, republic. Now let us analyze the preamble a little.

Sovereign

  •  India is free from any kind of external control and is free to frame its own policies independently. It can not only take control of a foreign territory but also can cede its territory to other country following certain constitutional bounds. It is also clear
    from the preamble that people of India have the ultimate sovereignty and they have the ultimate authority as well within the framework laid out by the constitution.

Secular character

  • it is proved India does not have any particular state religion. Constitution gives right to all people to profess, practice and propagate the religion of their own choice. All the religions are treated equally in India. All the people of India are its citizens irrespective of their religions. Supreme court assured “secularism is the basic feature of the constitution” in the case:

S.R. Bomai vs. Union  of India.

Further in another case supreme court asserted about the positive meaning of secularism in the constitution that is developing, understanding and respectful towards other religions

Socialism

it is another important word which we need to discuss.

  • Preamble lays emphasis on the facts that constitution will provide all the citizens social, economic and political justice along with liberty of thought, expression, belief, worship and equality of status and opportunity.
  • Further it talks about the promotion of the feeling of fraternity and the unity  of the nation. All these points prove the socialistic character of the constitution of India where the public and the private sector works hand in hand for the welfare of the people.

Democracy

  • is “by the people, of the people and for the people”. We can further categorize it into participatory and representative democracy, where in the former the people and their elected leaders participate with one another to make changes in the system and in the latter the chosen representatives decide amongst themselves the changes needed in the system. The adult citizens of the country have been provided with the right to vote. Apart from that there is a provision that the representatives will be elected by the citizens of the country by making use of the right to vote and these representatives will represent the common masses in the state as well as the central legislature. All these provisions prove that the character of the constitution of India is democratic also.
  • It has the word republic included into it. As we know that the constitution of India is given to the people by themselves (elected by the people) and the head of the state is the president, who controls the executive and is not the hereditary monarch. This shows the republican character of the country.
  • The preamble is not directly enforced by the courts of law but it helps in interpreting various points of the constitution of India.

Social justice

  • ensures that everyone is treated equally and no one is discriminated against. There should be no practice of untouchability.

Economic justice

  • that the gap between the rich and poor is removed through opportunities of education and employment.

Political justice

  • has ensured that the people participate in the political system of the country through voting and otherwise.
    The aim of the preamble is the social order and providing sovereignty to the people. The government is elected by the people and is responsible as well as answerable to them.
  • Cases:

    Berubari’s Case

    – Preamble is not a part of the constitution. As a result of this judgement, Berubari was transferred to Pakistan by the 9th Amendment Act, 1960.

    Keshavnanda Bharti v. Union of India

    – Preamble is a part of the constitution and it gives us the basic structure which can never be amended.
    Amendment :
    42nd Amendment Act, 1976 – added the following terms in the Preamble : “socialist”, “secular”, “and integrity” in the Preamble. This amendment did not destroy the basic structure. It simply converted what was implicit into an explicit form.

Leave a Comment

Your email address will not be published. Required fields are marked *