- PREAMBLE
- SIGNIFICANCE OF THE PREAMBLE
- NATURE OF INDIAN POLITICAL SYSTEM
- AMENDABLITY OF THE PREAMBLE
UNIT 1 – THE CONSTITUTION – PART 3
PREAMBLE
The preamble of the Indian constitution is an introductory statement that explains the core values and ideologies incorporated in the constitution.
THE PREAMBLE INSIGHTS
The source from which the constitution draws its authority.
- The nature of Indian political system.
- The Social, Economic and Political objectives of the constitution.
- The date of adoption of the constitution.
SIGNIFICANCE OF THE PREAMBLE
The Preamble acts as a guiding light to the judiciary in interpreting the objectives of every provision included in the constitution.
The Preamble, a closer look
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 |
Source of authority: The Preamble clearly states that the constitution draws its authority from the people of India.
NATURE OF INDIAN POLITICAL SYSTEM
SOVEREIGN
Sovereignty means being independent. It is of two types, namely, Internal And External sovereignty. India is both internally and externally sovereign. Internal sovereignty means having a government that is free to make laws and govern the country. External sovereignty means being independent of foreign countries.
SOCIALIST
The term ‘Socialist’ refers to a political system that follows the philosophy of socialism. Socialism is basically an economic system, in which, the wealth is shared equally among the people. The Indian version of socialism is focused only on reducing inequality among the people and providing Social, Economic And Political Justice to all. Thus, India adopts a mixed economy, in which, both the public and private sectors co-exist peacefully.
SECULAR
Secularism means that the State administration is not bound by religious rules. Yet, all the religions in India enjoys the same status and support from the government.
DEMOCRATIC
Democracy is a system of government, in which, the people rule themselves either directly or through their representatives. India adopted the democratic system and conducts free elections at regular intervals. The ultimate authority to rule the people of India is given to the people themselves.
REPUBLIC
A Republic country is one, in which, no public office of prime importance is inherited. The country as a whole is considered as a ‘Public Property’, not private property as in the case of countries following Monarchy. In India, even the head of the state is elected (indirectly) by the people at regular intervals.
THE OBJECTIVES OF THE CONSTITUTION
- SOCIAL, ECONOMIC AND POLITICAL
JUSTICE:
Justice simply means just treatment. The constitution envisages to creating a just society, in which, everyone will have equal social, economic and political rights and opportunities. The provisions of the Fundamental Rights and the Directive Principles of State Policy are incorporated into the constitution with the goal of creating a just society.
LIBERTY:
Liberty is the ability to do what one likes. But, the liberty in the Indian Constitution is qualified, not absolute. One has to exercise one’s liberty within the limitations described by law.
EQUALITY:
Equality means the absence of discrimination. The constitution aims to provide equal status and opportunities to all the sections of the population without discriminations. Equality is the prerequisite of justice.
FRATERNITY:
Fraternity is the sense of feeling that all Indians belong to the same Motherland and thus are brothers. In a diverse country like India, to maintain the unity and integrity of the country, it is essential to cultivate the sense of brotherhood among the people. This can be achieved only by protecting the dignity of individuals by instilling justice.
Amendments to the Preamble: The Preamble has so far been amended once by the 42nd constitutional amendment act (1976), which added the terms socialist, secular and integrity to it. |
AMENDABILITY OF THE PREAMBLE:
Earlier, the Preamble was not regarded as a part of the constitution. In the Berubari Union case (1960), the Supreme Court held that preamble was not a part of the constitution. Later in the Kesavananda Bharati case (1973), the Supreme Court held that Preamble is a part of the constitution and hence can be amended under Article 368, without altering the Basic Structure of the constitution.
KEY FACTS: 1) The Preamble is not justiciable. 2) The Preamble can be amended under Article 368, without altering the Basic Structure of the constitution. 3) The Preamble neither restricts nor provides powers to the legislature. |