Preamble of Indian Constitution

This article deals with ‘Preamble of Indian Constitution.’ This is part of our series on ‘Polity’ which is important pillar of GS-2 syllabus . For more articles , you can click here

Introduction

First Preamble	Constitution  of USA  was the first to have Preamble
Based on	Objective Resolution, 1947 drafted & moved by Nehru and adopted by Constituent Assembly
Words added later	SECULAR SOCIALIST INTEGRITY – Three words by 42nd Constitutional Amendment
Reveals	Four things   1. Source of authority : Derives power from people of India 2. Nature of state : Sovereign, Socialist , Secular, Democratic, Republic 3. Objective :To achieve Justice,Liberty,Equality & Fraternity 4. Date of Adoption : Nov 26,1949

Important Note : Order  is important for Prelims

Sovereign -> Socialist -> Secular -> Democratic -> Republic (S3DR)

Keywords & Meaning 

1 . Sovereign

• India is neither dependency nor dominion of any nation
• 1949 controversy : India declared continuance of full membership of commonwealth and accepted British crown as head of commonwealth but this did not affect sovereignty in any respect

2. Socialist

• Added by 42nd Amendment : Explicitly mentioned via Amendment although implicitly already present in form of Directive Principles
• Indian Socialism is Democratic Socialism which hold faith in mixed economy and has blend of both Marxism & Gandhism  leaning heavily towards Gandhism

3. Secular

• Added by 42nd Amendment : Amendment stated it explicitly,  although implicitly it was already present
• Constitution makers assured this through Articles 25 to 28
• Indian constitution envisaged positive concept of secularism ie equal protection of all religions by state (western countries have adopted negative concept of secularism and constructs wall between State & Religion )
• Concept of secularism of state ie State  will have no religion  was propounded in Minerva Mills Case 1980

4. Democratic

• Based on doctrine of popular sovereignty
• In India, Democratic system is indirect & Parliamentary

5. Republic

• Democratic polity can be of two types 
  • Monarchy
  • Republic
• India is Republic i.e head of state is elected and not hereditary
• All public offices in India are opened to all citizens

6. Justice

• Justice – social, economic & political
• Secured through various Directive Principles & F.R.

Social Justice	Equal treatment of all
Economic Justice	Non discrimination of people on economic basis
Political Justice	Equal political rights to all people

• Taken from Russian Revolution

7. Liberty

• Absence of restraints on activities of individuals and providing opportunities for development
• Secured through Fundamental Rights which are enforceable in court of law
• Qualified and not absolute
• Taken from French Revolution

8. Equality

• Absence of special privileges to any section of  society
• There will be equality both of status as well as of opportunity.

9. Fraternity

• Fraternity means sense of brotherhood
• Promotes sense of brotherhood by single citizenship
• Fundamental  Duties Article 51A also calls for fraternity

Preamble as part of Constitution

Question was raised that whether Preamble is part of constitution or not ? Various judgements of Supreme Court has given answer to these questions.

1 . Berubari union Case,1960

• Preamble is not part of constitution but shows key to minds of constitution makers
• When terms in constitution are ambiguous , preamble can be used in interpretation

2. Keshavananda Bharti case,1973

• Rejected earlier decision and held that Preamble is part of constitution
• But
  • Neither source of power to legislature nor prohibits it
  • Non justiciable & not enforceable by court

Amendability of Preamble

Another question which came up was that – Whether Preamble can be amended or not ? Supreme Court has given judgement on this issue

Keshavananda Bharti case,1973

• Preamble is part of constitution & since it is part of constitution it can be amended under Article 368
• But subject to condition that basic features are not amended in doing so/basic structure is not damaged.

Present Controversy on Socialism & Secularism Debate

BJP leaders frequently raise this issue that word Socialism and Secularism which was added in Preamble should be removed . But this is a controversial issue which needs serious debate .

My take on this issue

1. Doctrine of Basic structure says that Socialist + Secular + Preamble constitute Basic Structure of Constitution.  44th Amendment reverted almost all key aspects of 42nd Amendment but Preamble remained unchanged .
2. During Constituent Assembly Debates, Issue of including Secularism and Socialism in Constitution was sufficiently discussed. They were not included because
   • Secularism : There was only one model of secularism known at that time which makes wall between State and Religion. But when in 1970s , we were sure that Indian variant of Secularism is different, we included it in Preamble
   • Socialism : Same reason
3. Elimination of economic inequality still remains our national goal & MNREGA & food security bill and Jan Dhan Yojana point towards that . Hence, Socialism remains important even today and shouldn’t be removed