Preamble of the Indian Constitution

 

Idea

The idea of preamble is taken from American Constitution.

(1st written Constitution- American Constitution, 1st Constitution with Preamble- American Constitution) 

Preamble was

Designed by- Beohar Rammanohar Sinha

Calligraphed by- Prem Behari Narain Raizada

--------------- Preamble-------------------

Preamble of the Constitution of India(73 words) 

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.

--------------- End-------------------

SOCIALIST SECULAR, and integrity was added by 42nd Amendment Act, 1976

History

The Preamble is evolved version of Objective Resolution introduced by Jawaharlal Nehru. 

13 Dec 1946- Introduction of objective resolution

22 Jan 1947- Acceptance of objective resolution

The term Fraternity was not part of objective resolution. Fraternity was added to Preamble by B. R. Ambedkar. 

26 Nov 1949- Adoption of Preamble

26 Jan 1950- Enforcement of Preamble

Preamble was enacted after the enactment of entire Constitution.

18 Dec 1976- 42nd Amendment Act(addition of some words in Preamble) 

Sovereign Democratic Republic → Sovereign Secular Socialist Democratic Republic

unity of the Nation → unity and integrity of the Nation

Interpretation of the Preamble

1. Source of Power- Constitution derives it's power from People of India as mentioned in the starting line of Preamble. 

2. Nature of the Indian State- 

Sovereign- Independent state, not subjected to control of foreign powers. 

Socialist- Sense of equality, provision to reduce inequality.

Secular- Separation of State and Religion.

Democratic- Elected Government, power lies with people.

Republic- Elected head of government.

3. Objectives- 

Justice(3)- Social, Economic and Political

Equality(2)- of status and opportunity

Liberty(5)- of thought, expression, belief, faith and worship

Fraternity(2)- dignity of the individual and the unity and integrity of the nation

4. Date of Adoption- 26 Nov 1949

Debate Topics

1. Name of Country- 

Union of Indian Socialistic Republics(Based on USSR) 

2. Nature of Country- 

K T Shah proposed India as Secular, Federal, Socialist nation.

B. R. Ambedkar opposed the idea of socialist India as social organisation of the State shall take a particular form, you are, taking away the liberty of the people to decide what should be the social organisation in which they wish to live.

3. Inclusion of Fraternity- 

B. R. Ambedkar- It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: 

Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.

4. Inclusion of God- 

Rejected as it will violated fundamental right- freedom of faith. 

H.V. Kamath(On rejection)- This, Sir, is a black day in our annals

H.V. Kamath(Regarding Article 19- on Dec 1948) To my mind, a secular state is neither a Godless state, nor an irreligious state, nor an antireligious state. 

5. Inclusion of Gandhi- 

Brajeshwar Prasad- I do not want that the name of Mahatma Gandhi should be incorporated in this Constitution, because it is not a Gandhian Constitution. If we had a Gandhian Constitution, I would have been the first to offer my support. I do not want that the name of Mahatma Gandhi should be dragged in the rotten Constitution(Hotchpotch of different sources). 

Supreme Court Judgement

1. Berubari case(1960)- 

Preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in a court of law. Preamble is key to the mind of the makers of Constitution. 

2. Kesavananda Bharati Case(1973)- 

Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed. 

3. S. R. Bommai vs Union of India case(1994)- 

Secularism is part of basic Structure. 

4. Union Government vs LIC Of India Case(1995)- 

Preamble is an integral part of the Constitution.

Statements Regarding Preamble

Jawaharlal Nehru- Preamble is a firm resolution and a solid promise. 

Supreme Court- Key to open the mind of the makers of the Constitution. 

Sir Ernest Baker- Key-note of the constitution. 

Pandit Thakur Das Bhargava- It is the soul of the constitution. It is a key to the constitution. It is a jewel set in the constitution. It is a proper yardstick with which one can measure the worth of the constitution. 

Dr KM Munshi- The horoscope of our constitution. 

Sir Alladi Krishnaswamy Iyer- The preamble to our constitution expresses what we had thought or dreamt so long.

NA Palkhivala- Identity card of the constitution.

M Hidayatullah (Former CJI)- Preamble is the soul of our constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter.