Preamble of the Constitution of India

Introduction:- This article related with Preamble of the Constitution of India. In this article we will discuss about Preamble of Indian Constitution, Elements of Preamble of, Keywords of Preamble, importance of Preamble and other general information.

Preamble of Constitution of India

The Preamble of the Constitution of India is a brief introdouctory statement that sets out guidelines, which guide the people of the nation, and to present the principles of the Constitution, and to indicate the source from which the docoument derives its authority. The Preamble of the Constitution was first included in the US Constitution, which was later adopted by many other countries, including India, including the dignity of the individual and the unity of the nation.

The Preamble of the Indian Constitution is based on the element of the 'Objective Proposal' Preamble, created and introduced by Pandit Nehru and adopted by the Constituent Assembly.  It was amended by the 42nd Constitutional Amendment Act, 1976, which incorporated four basic elements in its socialist, secular preamble and the words integrity.

Elements of the Preamble to the Indian Constitution

There are four basic elements in the Preamble to the Indian Constitution :-

(1) Source of right to constitution - The Preamble states that the Constitution acquires power from the people of India.

(2) Nature of India - It says that India is a country with sovereign, socialist, secular, democratic and republic.

(3) Objectives of the constitution - According to this , justice, freedom, equality and fraternity are the objectives of the constitution.

(4) Date of commencement of constitution - It mentions the date 26 November 1949 ratified and 26 January 1950 effective.

Keywords in Preamble of Indian Constitution

There are few keywords in Preamble of Indian Constitution :-

(1) Sovereignty - The term sovereign means that India is neither dependent on any other country nor Dominion of any other country.  It has no power over it and is free to discharge its affairs (internal or external).  

Although in 1949, India accepted Britain's membership of the Commonwealth, considering Britain as its head, this declaration did not affect Indian sovereignty in any way apart from the Constitution.  Would do  Similarly, India's membership in the United Nations does not limit its sovereignty in any way.  

As a sovereign state, India can waive any part of its border in favor of any foreign border acquisition or any other country.

(2) Socialist - Even before the 42nd Constitutional Amendment of the Socialist Year 1976, the Constitution of India had socialist traits as policy-directive principles.  In other words, what was first contained in the Constitution was clearly added and then the Congress Party passed a resolution in 1955 at the Avadi session to establish a socialist form and acted accordingly.  

It is worth noting that Indian socialism is 'democratic socialism' and not 'communist socialism', also known as 'political socialism', which includes the nationalization of all means of production and distribution and the abolition of private property.  Democratic socialism believes in a mixed economy, where the public and private sectors co-exist.  As the Supreme Court states, "The aim of democratic socialism is to end poverty, neglect, disease and inequality of opportunity." Indian socialism is a mixed form of Marxism and Gandhism, with a greater inclination towards Gandhian socialism.

(3) Secular - The term non-non-regular was added by the Bhokwane Constitution Amendment Act, 1976.  As the Supreme Court also said in 1974.  Although the term "non-state" was not explicitly mentioned in the Constitution, there is no doubt that the creators of the Constitution wanted to establish such a state. That is why add Articles 25 to 28 (Right to Religious Freedom) to the Constitution.

  

All the concepts of secularism are present in the Indian Constitution, that is, all religions are equal in our country and they have equal government The position is obtained.

(4) Democratic - The people of India elect their goverments by a system of universal adult franchies, popularly known as "one person one vote". Every citizen of India 18 years of age or older and nit othewise debarred by law is entitled to vote. The word democratic refers not only to political democracy but also to social and economic democracy.

(5) Republic - A democratic polity can be divided into two classes - monarchy and republic.  In the monarchical system, the head of state (usually the king or queen) occupies the post through succession;  As in Britain.  At the same time, the state head in the Republic always comes directly or indirectly by choosing for a certain time, like - America. 

Therefore, in the Preamble of the Indian Constitution, republic means that the head of India, ie the President, comes to power through elections.  He is elected indirectly for five years. 

The meaning of republic involves two more things.  The first is that political sovereignty rests in the hands of the people rather than in the hands of a single person, such as a king, and second, the absence of any privileged class.  Therefore every public office will be open to every citizen without any discrimination.

(6) Justice - Justice in the preamble includes three different forms - social, economic and political. They are protected through various provisions of Fundamental Rights and Directive Principles of Policy.  

Social justice means caste with every person.  colour .  Equal treatment without discrimination on the basis of religion, gender.  It means absence of privileges for a particular class in society and improvement in the status of scheduled castes, tribes, other backward classes and women.  

Economic justice means that no person will be discriminated against on the basis of economic reasons.  It also includes removing inequality of wealth, income and wealth.  The composite form of social justice and economic justice reflects 'proportional justice'.  

Political justice means that every person will get equal political rights, whether it is the entry into political offices or the right to convey his or her authority to the government. These elements of social, economic and political justice have been taken from the Russian Revolution of 1917.

(7) Freedom - Freedom Freedom means the absence of any restraint on the activities of the people as well as to provide opportunities for the development of the individual.  

The Preamble secures freedom of expression, belief, religion and worship through fundamental rights for every person.  In the case of their violation, the law can be approached.  

As stated in the preamble, freedom is the ultimate essential for the successful running of the Indian democratic system.  However, freedom does not mean that every person has got the license to do anything.  The right to freedom can be exercised only within the limits written in the constitution.  In short, the freedom and fundamental rights conferred in the preamble are not unconditional. The ideals of freedom, equality and fraternity in our preamble are taken from the French Revolution (1789 - 1799 AD).

(8) Equality - Equality means that the absence of privilege for any section of society and the provision of providing equal opportunity to every person without discrimination.

The Preamble of the Indian Constitution provides status and opportunity to every citizen.  This provision includes three dimensions of equity - civil, political and economic.

(9) Fraternity - Fraternity Fraternity means the feeling of brotherhood.The constitution encourages the spirit of brotherhood through a system of single citizenship.  The Fundamental Duties (Article - 51A) also say that it will be the duty of every Indian citizen to promote a sense of harmony and mutual brotherhood above religious, linguistic, regional or class variations.  

The preface says that two things must be ensured in fraternity.  First, respect for the individual and second, unity and integrity of the country.  The term integrity was added to the preamble by the 42nd Constitution Amendment Act, 1976.

Importance of Preamble of Indian Constitution

The Preamble mentions the basic philosophy and the political, religious and moral fundamental values ​​that form the basis of our Constitution.  It contains the noble and ideal thinking of the Constituent Assembly.  Apart from this, it reflects the dreams and aspirations of those who laid the foundation of the Constitution.  In the words of Sir Alladi Krishnaswamy Iyer, President of the Constituent Assembly, who played an important role in the framing of the Constitution, “The Preamble of the Constitution is the idea of ​​our long-term dreams.

Preamble as a Part of the Constitution 

There is a dispute about the proposition whether it is a part of the Constitution or not. 

In the Berubadi Union case (1960) "the Supreme Court held that the preamble reflects the general purposes contained in the constitution and is therefore a conduit for the minds of the constitution makers. Apart from this, the provisions used in the article derive many meanings.  The purpose of the preamble is included in the preamble. In order to accept the characteristic of the preamble,  Interpretation of the Supreme Court said that the preamble is not part of the Constitution. 

Kesavananda Supreme Court Bharati case (1973), "rejected the former interpretation, and it is a part of the system that the proposed constitution.  It was felt that the Preamble is a very important part of the Constitution and the Constitution should be studied keeping in mind the great ideas mentioned in the Preamble of the Constitution.  L.  I.  C .  In the case of India (1995) "again, the Supreme Court ruled that the Preamble is an intrinsic part of the Constitution.

Possibility of amendment of the Preamble

Whether the Preamble can be amended under Section 368 of the Constitution. This question first arose in the historical case Kesavananda Bharati (1973).  The idea emerged that it cannot be amended because it is not part of the Constitution.  The petitioner said that Article 368 cannot be amended to destroy the basic elements of the Constitution and the basic features mentioned in the Preamble.

However, the Supreme Court ruled that the Preamble is a part of the Constitution.  The court gave its opinion under the Beruwadi Union (1960) and said that the preamble can be amended, provided the original features are not amended.  In other words, the Court ruled that the core features contained in the Preamble cannot be amended under Article 368.

So far the preamble has been amended only once under the 42nd Constitutional Amendment Act 1976.  Through this, three new words were added to it - socialist, secular and integrity. This amendment was upheld.