The Constitution of India commences with a preamble. The preamble is like an introduction to a book that outlines the objectives with which the constitution has been written.
Objectives
- Structure of governance
- Ideas for Constitution philosophy
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.
Historic background
The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and adopted by the Constituent Assembly on 26 November 1949, and came into force on 26 January 1950
Sovereignty
Sovereignty, in short, means the independent authority of a state. It has two aspects - external and internal. External sovereignty or sovereignty in international law means the independence of a state from the will of other states, in its conduct with other states in the committee of nations. Sovereign in its relationship between states and among states signifies independence.
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 relates to internal and domestic affairs and is divided into four bodies, namely, the executive, the legislature, the judiciary, and the administrative. Although India became a sovereign country on 26 January 1950.
Socialism
Before the term was added by the 42nd Amendment in 1976, the Constitution had socialist content in the form of certain Directive Principles of State Policy.
The term socialist used here refers to democratic socialism, i.e. achievement of socialist goals through democratic, evolutionary, and non-violent means.
Essentially, it means that (since wealth is generated socially) wealth should be shared equally by society through distributive justice, not concentrated in the hands of a few and that the government should regulate the ownership of land and industry to reduce socio-economic inequalities.
Secular
Secular means that the relationship between the government and religious groups is determined according to the constitution and law. It separates the power of the state and religion. By the 42nd Amendment on December 18, 1976, the term "Secular" was also incorporated in the Preamble.
There is no difference in religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christianity, and Islam are equally respected and moreover, there is no state religion.
All the citizens of India are allowed to profess, practice, and propagate.
Democratic
The people of India elect their governments by a system of universal adult franchises, popularly known as "one person one vote". This representative form of government is suitable for governing the country because of its huge and diverse population.
Republic
In a republican form of government, the head of state is elected and not a hereditary monarch. Thus, 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.
Justice
Justice stands for rule of law, absence of arbitrariness, and a system of equal rights, freedom, and opportunities for all in society.
India seeks social, economic, and political justice to ensure equality for its citizens.
(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 exploitation from society.
(ii) Economic Justice:
Economic Justice means no discrimination between men and women on the basis of income, wealth, and economic status. It stands for equitable distribution of wealth, economic equality, the end of monopolistic control over means of production and distribution, decentralization of economic resources, and the securing of adequate opportunities for all for earning their living.
(iii) Political Justice:
Political justice means equal, free and fair opportunities for the people to participate in the political process. It stands for the grant of equal political rights to all 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 of the activities of Indian nations. This establishes that there are no unreasonable restrictions on Indian citizens in terms of what they think, their manner of expression, and the way they wish to follow up their thoughts in action. However, liberty does not mean freedom to do anything, and it must be exercised within constitutional limits.
Equality
The term 'equality' means the absence of special privilege for any section of society, and the provision of adequate opportunity for all individuals without any discrimination.
Fraternity
This refers to a feeling of brotherhood and sisterhood and a sense of belonging with the country among its people.
Preamble A part of the constitution
Supreme court in two leading cases on this subject
Beriberi union case(1960)-Preamble not part of the constitution.
Keshvanda Bharti case(1973)-preamble part of the constitution.
