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Preamble

The Preamble of the Constitution of India, introduced on November 26, 1949, outlines the core values of justice, liberty, equality, and fraternity that guide the nation. It serves as a philosophical foundation, interpretative tool, and expression of the people's will, reflecting the aspirations of Indian society. The Supreme Court has affirmed that the Preamble is part of the Constitution, emphasizing its role in maintaining the basic structure and guiding constitutional amendments.
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0% found this document useful (0 votes)
9 views6 pages

Preamble

The Preamble of the Constitution of India, introduced on November 26, 1949, outlines the core values of justice, liberty, equality, and fraternity that guide the nation. It serves as a philosophical foundation, interpretative tool, and expression of the people's will, reflecting the aspirations of Indian society. The Supreme Court has affirmed that the Preamble is part of the Constitution, emphasizing its role in maintaining the basic structure and guiding constitutional amendments.
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© © All Rights Reserved
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discuss the objects and importance of the preamble of the constitution.

explain the preamble of the constitution, its philosophy & significance, is it the part of the
constitution? Explain
Introduction:
1.The Preamble of the Constitution of India was first introduced on the 26th of November
1949. But Indian Preamble of the Constitution started its action on 26th January 1950.
2.It was introduced by the constituent assembly, and the day on which it came into effect
i.e. 26th January is performed as Republic Day every year in India.
3.The introductory part of the Constitution, which reflects the core constitutional values
embodied in the Constitution, is termed the ‘Preamble’.
4.It is drafted to explain certain crucial facts and substance before diving into the provisions
of the Act or statute. It sets out the aims and objectives of the statute, which it intends to
achieve.
5.The preamble of the Constitution of India includes the sets of rules and regulations to
guide the people of the country. The inspiration and the motto of the citizens are explained
in it.
6.The Preamble of the Indian Constitution is predominantly based on the ‘Objective
Resolution’ written by Jawaharlal Nehru.
7.The Preamble to the Constitution, also called the spirit, backbone and soul of the
Constitution reflects anything and everything that the Constitution aims to achieve.
Objectives of the Preamble of the Constitution of India
It discusses the four fundamental principles of the Indian constitution – justice, liberty,
equality, and fraternity, which are regarded as the main objectives of the preamble.
Justice
The word “justice” in the Preamble refers to the social, economic, and political security that
is guaranteed by a number of the Indian Constitutions’ Fundamental Rights and Directive
Principles of State Policy (DPSP). Justice was established after the 1917 Russian Revolution.
The 1917 Russian Revolution gave rise to the word “justice.” Social justice is the equal
treatment of all people without regard to factors such as gender, race, religion, or place of
birth. The term “economic justice” refers to the prohibition of discrimination on the basis of
financial resources (property, income, and wealth). By fusing social and economic justice,
the DPSP addresses distributive justice. Political justice means offering every person a voice
in politics, equal access to political offices, and equal political rights.
Liberty
Along with allowing for the growth of unique personalities, “liberty” is defined as the lack of
constraints or domination over an individual’s activities, such as freedom from slavery,
dictatorship, confinement, slavery, etc. The French Revolution served as an inspiration for
the idea of liberty. Their fundamental rights, which can be enforced in court if violated,
grant them the freedom of speech, opinion, belief, faith, and worship. However, liberty
must be exercised within the bounds set down in the Constitution; it does not imply a
“license” to do as one pleases. The idea of liberty, or essential rights, as stated in the
Preamble is not absolute but rather restricted.
Equality
“Equality” means that no group in society is given preferential treatment or is subjected to
discrimination; it also means that everyone has equal access to opportunities in the
political, civic, and economic domains.
The following guarantees of civic equality are found in Chapter 3 of the Indian Constitutions’
Fundamental Rights (Articles 14 to 18):
 Equality before the law (Article 14)
 Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
Judicial equality in public employment matters (Article 16).
 Abolition of untouchability (Article 17).
 Abolition of titles (Article 18).
 Two sections in the Constitution are intended to promote political equality.
 Article 325 states that no one may be excluded from the voting rolls because of their
gender, race, religion, or caste.
 Adult suffrage will be used for elections to the Lok Sabha and state assemblies (Article
326).
 The DPSP (Article 39), which guarantees men and women equal rights to sufficient
subsistence and equal remuneration for equal work, provides citizens with economic
equality.
Fraternity
A sense of brotherhood is referred to as fraternity. In order to protect human dignity as well
as the unity and integrity of the nation, the Preamble aims to fortify national cohesion. This
spirit of brotherhood is encouraged by the Constitution in two ways:
 System of single citizenship.
 Article 51-A, e of the Fundamental Duties states that every Indian citizen has an
obligation to maintain the spirit of unity and fraternity among all Indians, irrespective
of differences in language, religion, location, or sector.
 The 42nd Constitutional Amendment Act of 1976 added the word “integrity” to the
preamble.
IMPORTANCE:
1. Philosophical Foundation
 The Preamble sets forth the fundamental values and principles that guide the Indian
Constitution. It encapsulates the ideals of Justice, Liberty, Equality, and Fraternity,
which are essential for maintaining the spirit of democracy in the country.
 It embodies the philosophy of the Constitution and reflects the vision of the framers
for an inclusive and equitable society.
2. Interpretative Tool
 The Preamble is often used by the judiciary as an interpretative tool to understand
the Constitution. In landmark cases like Kesavananda Bharati v. State of Kerala
(1973), the Supreme Court held that the Preamble is a part of the Constitution and
can be used to interpret ambiguous provisions.
 It helps in resolving conflicts between different parts of the Constitution by providing
a clear guide to its underlying principles.
3. Declarative in Nature
 The Preamble declares India to be a Sovereign, Socialist, Secular, and Democratic
Republic. These are not just words but the core attributes that define the character of
the Indian State.
 It proclaims the objectives of securing social, economic, and political justice for all
citizens, ensuring liberty of thought, expression, belief, faith, and worship, and
promoting equality of status and opportunity.
4. Expression of the People’s Will
 The opening words, “We, the people of India...”, signify that the Constitution derives
its authority from the people, not from any external or colonial power. This
emphasizes the democratic foundation of the country.
 The Preamble reflects the collective will and aspirations of the people of India,
making it a document of immense emotional and symbolic value.
5. Key to the Constitution
 The Preamble serves as the "key" to understanding the mind of the framers of the
Constitution. It provides insight into the objectives they intended to achieve through
the various provisions.
 Dr. B.R. Ambedkar, the principal architect of the Constitution, described the Preamble
as the “soul of the Constitution.” It offers a concise and comprehensive overview of
the Constitution's purpose and the ideals that it seeks to establish.
6. Guiding Light for Constitutional Amendments
 The Preamble plays a vital role in guiding the process of constitutional amendments.
Amendments must align with the basic structure of the Constitution, which is
reflected in the Preamble. Any amendment that distorts these basic principles can be
struck down by the judiciary, as seen in the Kesavananda Bharati case.
 The Preamble ensures that the fundamental essence of the Constitution remains
intact, even as it evolves over time.
7. Reflection of Societal Evolution
 The Preamble, through its language and objectives, reflects the evolution of Indian
society from a colonial past to a sovereign and independent nation. It symbolizes the
break from colonial rule and the dawn of self-governance.
 The inclusion of terms like "Socialist" and "Secular" through the 42nd Amendment in
1976 demonstrates the Preamble's role in adapting to the changing needs and
aspirations of the people.
Philosophy of the Constitution through the Preamble
1. Sovereignty: The philosophy of sovereignty highlights the idea that power and
authority in India rest with the people. This concept reflects the nation’s
independence and the ultimate source of political power being the people, not any
external force or monarchy.
2. Socialism: The philosophical commitment to socialism as described, particularly with
the focus on social and economic justice, aims to protect citizens from social
inequality and ensure a fair distribution of resources. The Indian interpretation of
socialism is distinct from Marxist socialism and is adapted to India's unique socio-
economic conditions.
3. Secularism: The philosophy of secularism in the Preamble is rooted in the belief that
the state must remain neutral in matters of religion, ensuring equal respect and
treatment of all religions. This concept goes beyond the mere separation of church
and state, aiming to foster a society where religious diversity is embraced and
protected.
4. Democracy: The democratic philosophy underscores that the power of governance
derives from the people, ensuring their active participation and representation in
government. This principle is fundamental to maintaining a government that is
accountable to its citizens and committed to free and fair elections.
5. Republic: The philosophy of a republic emphasizes that the head of state is elected
rather than hereditary, reflecting the belief in equality and the importance of
leadership being derived from the consent of the governed.
6. Justice: The philosophy of justice, as a harmonization of social, economic, and
political interests, is central to the Preamble. It emphasizes the importance of fairness
and equality in the treatment of all citizens, ensuring that the rights and
opportunities provided by the Constitution are accessible to everyone.
7. Liberty: The concept of liberty in the Preamble, interpreted as a positive and
regulated freedom, reflects the philosophy that individual freedoms are essential, but
they must be balanced with the larger interests of society. This is why fundamental
rights are accompanied by reasonable restrictions.
8. Equality: The philosophical commitment to equality in the Preamble highlights the
importance of equal status and opportunity for all citizens. It emphasizes the need for
legal, social, and economic equality, ensuring that all individuals have the same rights
and opportunities.
9. Fraternity: The philosophy of fraternity emphasizes the importance of brotherhood
and national unity, aiming to bridge the divisions within the country by fostering a
sense of solidarity among citizens. The concept is deeply tied to the dignity of the
individual and the unity and integrity of the nation.
In summary, the principles and ideals outlined in the Preamble represent the philosophical
core of the Indian Constitution. These concepts guide the interpretation of the Constitution
and inform the legal and political framework of the country. The Preamble captures the
essence of what the Constitution seeks to achieve and serves as the foundation for the
rights, duties, and governance structures elaborated in the rest of the document.
Is the Preamble Part of the Constitution?
Yes, the Preamble is considered a part of the Indian Constitution, but this conclusion was
reached after some judicial debate.
Initially, there was some ambiguity regarding whether the Preamble was an integral part of
the Constitution or just a ceremonial introduction. This question was addressed by the
Supreme Court of India in several landmark cases:
1. Berubari Union Case (1960):
o In this case, the Supreme Court observed that the Preamble is not a part of the
Constitution. It was viewed merely as a guiding principle or a statement of
intent that could not be used to override or interpret specific provisions of the
Constitution.
2. Kesavananda Bharati Case (1973):
o This case marked a significant shift. The Supreme Court held that the Preamble
is indeed a part of the Constitution. It was emphasized that the Preamble
reflects the basic structure and philosophy of the Constitution, and it can be
used to interpret ambiguous constitutional provisions. The Court ruled that
while the Preamble itself is not enforceable as a legal provision, it is crucial in
understanding the Constitution's spirit and purpose.
Importance of the Kesavananda Bharati Decision
 The Kesavananda Bharati case established the "basic structure doctrine," which
asserts that certain fundamental features of the Constitution, as reflected in the
Preamble, cannot be altered by any amendment. This doctrine ensures that the core
principles of the Constitution, like justice, liberty, equality, and fraternity, remain
intact, even if other parts of the Constitution are amended.
In Summary
 The Preamble is now recognized as an integral part of the Constitution of India. It is
essential for understanding the Constitution's underlying philosophy and guiding its
interpretation, even though it does not directly confer enforceable rights.

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