·
The Preamble to
the Constitution sets out the main objectives which the Constituent Assembly
intended to achieve.
·
The Preamble
which is based on the “Objectives Resolution” was drafted and moved by Pandit
Jawaharlal Nehru and adopted by the Constituent Assembly. It has been amended
by 42nd Constitution Amendment Act, 1976 by which three new words –
Socialist, Secular and Integrity were added.
·
The Supreme Court
in the Kesavanandna Bharti Vs. State of Kerala (1973) case over ruled its
earlier decision of 1960 and made it clear that the Preamble is a part of the
Constitution and is subjected to the amending power of the parliament, provided
basic structure of the Constitution as found in the Preamble is not destroyed.
However, it is not an essential part of the Constitution.
·
The Preamble is
non-justiciable in nature like Directive Principles of State Policy and cannot
be enforced in a Court of law.
·
N.A Palkhivala,
an eminent jurist termed the Preamble as the “identity card of the
Constitution”.
·
India was a
dependency (colony) of the British Empire till the passage of the Indian
Independence Act, 1947. From August 15, 1947 to January 26,1950 India was
having a political status of a dominion in the British Commonwealth of Nations.
India declared herself a Sovereign Republic on January 26, 1956.
·
The idea of
social, economic and political justice has been taken from the Russian
Revolution of 1917.
·
The idea of
liberty, equality and franternity mentioned in the Preamble of our Constitution
has taken from the French Revolution (1789-1799)
·
The Preamble
state that the objectives to be secured to every citizen are:
(i) Justice- social,
economic & political
(ii) Liberty- of thought, expression, belief, faith and worship.
(iii) Equality- of status, opportunity
(iv) Fraternity- to promote fraternity among all assuring the dignity of
the individual and unity and integrity of the nation.
KEY WORD IN THE
PREAMBLE
Sovereign
It means that there
is no authority outside India on which the country is dependent in any means.
Socialist
It was added by the
42nd Constitution Amendment Act, 1976. The Constitution aims to
achieve socialistic pattern through democratic means i.e. the Indian brand of
socialism is a democratic socialism and not a communistic socialism.
Secular
It was also added by
the 42nd Constitution Amendment Act, 1976. It means India is a
Secular State. it means the principle of Sarva Dharma Samabhava is vested in
India. Secular do not means that India is non- religious or anti- religious,
instead every citizen is free to adopt or not to adopt any religion.
Democratic
India follows Representative
Parliamentary Democracy where MPs, MLAs & Panchayat Members are directly
& indirectly elected by the people. Preamble however envisages not only
political democracy but also social & economic democracy.
Republic
Republic means that
there exists no hereditary ruler in India and all the authorities of the State
are directly or indirectly elected by the people.
Justice
The term justice in
the Preamble embraces three distinct forms social, economic and political.
Social justice denotes the equal treatment of all citizens without any social
distinction based on caste, colour, race, religion, sex and so on. Economic
justice denotes no discrimination between people on the basis of economic
factor. It involves the elimination of glaring inequalities in wealth, income
and property.
Political justice
implies that all citizens should have equal political rights, equal access to
all political offices and equal voice in the government.
Liberty
The term ‘liberty’
means the absence of restraints on the activities of individuals and at the
same time, providing opportunities for the development of individual
personalities.
Equality
The term ‘equality’
means the absence of special privileges to any section of the society, and the
provision of adequate opportunities for all individuals without any
discrimination.
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Do
you know?
The term socialistic pattern of society was
adopted as a goal of the Indian State by the Congress in 1955 in Avadi
Session.
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