Preamble
A preamble is an introductory statement of a constitution which lays
down the ideals it attempts to promote. The Preamble contains the
fundamentals of the constitution. A preamble to an Act of Parliament
gives its reasons and purposes and lays down the aims and objects for
which a particular Act has been passed. The idea of the Preamble has
been borrowed from the Constitution of the U.S.A. The Constitution of
the Republic came into effect on 26 January 1950. As an introduction, it
is not a part of the contents but it explains the purposes and objectives
with which the document has been written. So is the case with the
"Preamble' to the Indian Constitution. As such the Preamble' provides
the guide lines of the Constitution. The Preamble, in brief, explains the
objectives of the Constitution in two ways: one, about the structure of
the governance and the other, about the ideals to be achieved in
independent India. It is because of this, the Preamble is considered to
be the key of the Constitution.
HISTORY OF PREAMBLE
The Preamble to the Indian constitution is based on "Objective
Resolution" of Nehru.
Jawaharlal Nehru introduced an objective resolution on
December 13, 1947, and it was adopted by Constituent
assembly on 22 January 1947.
The drafting committee of the assembly in formulating the
Preamble in the light of "Objective Resolution" felt that the
Preamble should be restricted to defining the essential features
of the new state and its basic socio-political objectives and that
the other matters dealt with Resolution could be more
appropriately provided for in the substantive parts of the
Constitution.
Objective of Preamble
The objectives, which are laid down in the Preamble, are:
I. Description of Indian State as Sovereign, Socialist, Secular.
Democratic Republic, (Socialist, Secular added by 42nd
Amendment, 1976).
2. Provision to all the citizens of India i.e..
a) Justice social, economic and political
b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity assuring dignity of the individual and unity and
integrity of the nation.
Purpose of having Preamble
The Preamble to our Constitution serves two purposes: -
1. It indicates the source from which the Constitution derives its
authority:
2. It also states the objects, which the Constitution seeks to
establish and promote.
Significance of the Preamble
1. The Preamble of Indian Constitution reflects the basic
structure and the spirit of the Constitution.
2. The Preamble acts as the preface of the constitution of India
and lays down the fundamental value and philosophical ideas.
It represents the entire Constitution in its written words.
3. It contains the basic features of the Constition and thus
considered to be a vital part.
4. The Preamble doesn't contain laws enforceable in a court but
no law can be enacted or amended in a manner that violates
the spirit of the Preamble. Thus the Preamble of the
constitution of India is unamendable and unalterable.
Key terms
We, the people of India: It indicates the ultimate sovereignty of the
people of India.
Sovereign: The term means that India has its own independent
authority and it is not a dominion of any other external power. In the
country, the legislature has the power to make laws which are subject
to certain limitations.
Socialist: The term means the achievement of socialist ends through
democratic means. It holds faith in a mixed economy where both
private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment,1976.
Secular: The terms means that all the religion in India get equal
respect, protection and support from the state.
It was incorporated in the Preamble by 42nd Constitutional
Amendment, 1976.
Democratic: The term implies that the Constitution of India has an
established form of Constitution which gets its authority from the will
of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the
people. In India, the President of India is the elected head of the state.
Equality: The term ‘Equality’ means no section of society has any
special privileges and all the people have given equal opportunities for
everything without any discriminations. Everyone is equal before the
law.
Conclusion
In conclusion, it will not be wrong to say that the preamble is an
integral part of the Constitution because it contains the spirit and
ideology of the Constitution. The preamble highlights the fundamental
values and guiding principles of the Constitution. The preamble
declares that the citizens of India accepted the Constitution on 26th
November 1949, but the date of commencement of the Constitution
was decided to be 26th January 1950.
Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324,
367, 379 and 394 came into force since the adoption of the
Constitution on 26th November 1949 and the rest of the provisions on
26th January 1950. The preamble of the Constitution of India is one of
the best preambles ever drafted, not only in ideas but expressions as
well. It contains the purpose of the constitution, to build an
independent nation that protects justice, liberty, equality, and
fraternity which are the objectives of the Constitution.
