INDIAN POLITY

Preamble meant preface or an introduction to constitution. , which contains the spirit and essence of constitution .The first constitution to begin with preamble was the Constitution of america 1784.

The preamble of indian constitution is based on the objective resolution , drafted and moved by pt. Jawaharlal Nehru december 13,1946 and passed by the Constitution Assembly .

• It says that people of Country are sovereign.

• It has the "basic feature" of the constitution. 

• Judiciary can turns to preamble in the interpretation of relevant provision of constitution.

Preamble

“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:

(NOTE: the original 1950 constitution stated "SOVEREIGN DEMOCRATIC REPUBLIC" and the words "SOCIALIST SECULAR" were added via the 42nd amendment during the Emergency in 1976)

JUSTICE, social, economic and political;

LIBERTY, of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

(NOTE: the original 1950 constitution stated "unity of the Nation" and the words "and integrity" were added via the 42nd amendment during the Emergency in 1976)

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

"Preamble  is a Microscom of the Constitution and is key of the Constitution " this statement is supported  by various Supreme Court judgements .It have following significance :

The Supreme Court , in the Berubari Union Case (1960) held that Preamble is not the part of constitution but in Kesavanandan Bharti Case (1973) ruled that  Preamble is the part of constitution however is not enforceable. In S R Bommai Case (1993) regarding the dismissal of three BJP Governments in MP, Rajasthan and Himachal Pradesh, Justice Ramaswamy said, the Preamble of the Constitution is an integral part of the Constitution. Democratic form of government, federal structure, unity and integrity of the nation, secularism, socialism, social justice and judicial review are basic features of the Constitution.In LIC of India Case (1995) Supreme court again held that Preamble is an integral part of constitution.

Amendment of Preamble 

 In Kesavanandan Bharti Case (1973) SC ruled that  Preamble CAN be amended (overturned its  view inBerubari Union Case) under Article 368 ,subject to the condition that no amendment is done to the basic feature.

The preamble has been amended only once so fat , by 42nd Constitutional Amendment act ,in 1976 which has added three new words -Socialist, Secular and integrity to preamble on recommendation of committee under the chairmanship of Sardar Swaran Singh . 

KM Munshi termed Preamble as the Political Horoscope

Earnest Barker calls it the ‘key to the Constitution’ .

Nani Palkhiwala termed it as Identity Card Of the Constitution.

Thakurdas Bhargava recognized it as the ‘Soul of the Constitution’ 

The term ‘Socialistic pattern of society’ was adopted as a goal of the Indian State by the Congress in 1955 in Avadi Session.

Features/Important terms  of Preamble :

Secularism

Secularism means separation of religion from politics. Religion is private while politics is public. That is one explanation.Secularism means equi-distance of the State towards all religions- State should not show discrimination either positive or negative towards any one religion. All individuals have the right to follow religion of their choice while respecting the same right of others.

Democracy

Democracy means rule by people. Effectively, it is the adult population which constitutes the electorate- based on universal adult franchise- that is the basic base for democracy. Periodical elections are held periodically to constitute parliament to govern the country, if the government not came to expectation , people have power of vote to change . Other important features of democracy are rule of law, independent judiciary, individual rights and so on.

Republic

Republic is a political order in which the supreme power lies in a body of citizens i.e. the head of state is an elected head and is not a hereditary institution like the monarchy in Britain. Will of people is the basis for governance. Public offices are thrown open to all .Republican values, like democratic values are aimed at empowering the citizen.

Justice

Justice is a concept involving the fair and moral treatment of all persons, both in the formulation and enforcement of law. It is often seen as the effort to define and do what is “right.” It involves reward for doing right and punishment for deviating from it. Preamble speaks of social, political and economic justice. Social justice means the whole society should progress without some sections falling behind and exploited. It is inclusive growth. Equal treatment for all people independent of gender, caste, religion, language or any form of ethnicity is a part of social justice. Social protection programmes are initiated by the Government and corporate agencies and NGOs to ensure that the weak and impoverished are uplifted and, at any rate, are not allowed to become weaker.

Similarly, economic justice means ensuring that growth benefits all by alleviating poverty and generating jobs. If growth does not positively impact on all, the government takes up distributive justice programmes to supply essential goods at affordable prices and so on.

Political justice means all citizens are given the right to vote and stand for political office except those who are not adults or below the age prescribed for the office and are not mentally sound or barred for violation of law.

Liberty

Liberty is derived from the Latin word ‘liber’, which means freedom from slavery, imprisonment etc. It was one of the goals of the French revolution along with equality and fraternity. It is the essence of democracy. Liberties are always associated with reasonable restrictions. Liberty of thought, belief, faith and expression are essential to the development of the individual and the society.

Equality

Equality of status means equal treatment under law, independent of one’s status. For example, caste, gender, property and so on can not be basis for conferment or denial of duties, rights and privileges. Equality of opportunity is a refinement over the basic concept in that it seeks to empower the marginalized sections with additional rights and government policies. The basis of the concept of equality of opportunity is that formal equality does not in reality benefit all equally. The vulnerable sections of society need additional protection and preference in education and employment. For example, affirmative action as contained in Art. 15 and Art. 16 in favour of the SC/ST and the OBCs.

Fraternity

Fraternity means common brotherhood of all Indians. It asserts that social divisions will be removed and integration achieved as emotional integration is the goal of national integration. One common citizenship, the feeling of ‘being Indian first’ is the nature of fraternity.

Importance of Preamble

The Preamble is a part of the Constitution as ruled by the Supreme Court in the Keshavananda Bharti case (1973) but is in itself not enforceable. Its primary utility lies in assist in clarify the essential character of the Constitution to judiciary in case of ambiguity in the Constitution. For example, cases are pending in various High Courts and the Supreme Court whether India’s accession to the World Trade Organization (WTO) is compatible with the objective of socialism. Judiciary may rule on the question taking assistance from, the Preamble in this regard.

The Supreme Court ruled that Preamble is a part of the basic framework of the Constitution and can not be amended. Amendment, when it means abridgement, is not allowed. That is, Preamble can be enriched but not restricted.

There is a question whether India after Economic Globilization of 1990's going away from goal of Socialism?

answer will be updated tommorow ,

 Next topic , making of constitution of India. http://kssharma.blogspot.in/p/blog-page.html