Preamble Of Indian Constitution In English UPSC Notes Step By Step

Preamble Of Indian Constitution

Preamble Of Indian Constitution In English UPSC Notes

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Introduction

The preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles, and philosophy of the Indian Constitution.

It means, the term ‘Preamble’ refers to the introduction or preface to the constitution. The preamble of India contains the summary and essence of the Constitution. The American constitution was the first to define the preamble.

NA Palkhivala an eminent jurist and constitutional expert called the preamble of India the Identity card of the Indian Constitution.

The preamble of the Indian constitution based on the Objective Resolution drafted and moved by the Pandit Nehru and adapted by constituents assembly in 1949. it has been amended by the 42nd Constitutional Amendment Act 1976 which added three new words –socialist, secular, and integrity.

The preamble of the Indian Constitution

Preamble Of Indian Constitution
Preamble Of Indian Constitution

Components of the Preamble of Indian Constitution

The preamble of the Indian constitution reveals four components:

  1. Source of the authority of the constitution: The Preamble of India states that the Constitution acquires its authority from the people of India.
  2. The nature of the Indian state: reveals India to be of a sovereign, socialist, secular, democratic, and republican polity.
  3. Objectives of the constitution: it is specified justice, Liberty, equality, and fraternity as the objectives.
  4. Date of adoption of the constitution: it stipulates November 26, 1949, as the date.

Key Words in The Preamble of Indian Constitution

  • Sovereign
  • Socialist
  • Secular
  • Democratic
  • Republic
  • Justice
  • Liberty
  • Equality
  • Fraternity

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Sovereign

The word sovereign indicates that India is neither dependent nor a Dominion of any other Nation. But an independent state, there is no authority above it, and it is free to conduct its own affairs both (internal and external) through 1949.

India announces the continuation of her full membership of the Commonwealth of the nation. And accepted the British Crown at the highest of any manner this extra-constitutional declaration doesn’t affect India’s sovereignty in any manner. further India’s membership of the United Nations Organization (UNO).

And also in no way constitute a limitation on her sovereignty being a Sovereign stateIndia can either acquired foreign territory or cede a part of its territory in favor of a foreign state.

Socialist

Socialism means factors of production are owned by the people of the country. Even earlier the term was added by the 42nd amendment in 1976

, the constitution had a socialist content within the sort of certain Directive Principles of State Policy.

In other words, what was hitherto implicit in the constitution has now been made explicit. moreover, the Congress party adopted its resolution to determine a socialistic pattern of society. During this Avadi session as early as 1955 and took measures accordingly.

In the Preamble, the Indian brand of socialism is a democratic socialist and not communist socialism (also known as state socialism). Which involves the Nationalization of all means of production and distribution and the abolition of private property.

Democratic, Socialism, on the other hand, hold faith in a mixed economy where both the public and private sectors co-exist side by side.

As the supreme court says, democratic, socialist aim to in poverty ignorance disease and inequality of opportunity, India socialism is to blend of Marxism and Gandhianism, and leaning heavily towards Gandhianism, socialism, the new economic policy 1991. if liberalization, privatization, and globalization have however diluted the socialist credentials of the Indian state.

Secular

It means

  • The state has no official religion
  • State and religion are separated
  • The state has an equidistant policy towards all religions
  • All religions have the right to pursue the religion of their choice.

In the Preamble of the Indian Constitution, the word secular too was added by the 42nd Constitutional Amendment Act of 1976.

However, because the Supreme Court said in 1974, although the words secular state weren’t expressively mentioned within the constitution, there can be no doubt that constitution-makers wanted to determine such a state accordingly article 25 to 28 (guaranteeing the basic right to freedom of religion) are included within the constitution.

The Preamble of the constitution represents the positive theory of secularism such as all religions in our country (irrespective of their strength) have the common status and support from the state.

In the SR Bommai case verdict Supreme Court has ruled that secularism forms the essential structure of the Indian Constitution albeit it had not been scientifically mentioned in the constitution.

Western and Indian Secularism

  • Western Secularism – It can be classified into two types
  1. Hard Secularism – State strives to maintain absolute homogeneity among its population. any display of religious symbols in public is considered illegal secularism as practiced in France.
  2. Soft Secularism – State has nothing to do with religion. the state does not take into consideration the religious sentiments of any section of its citizenry.
  • Indian Secularism
  1. India also practices a kind of soft secularism. the state is separated from religion but it does take into account the religious sentiments of its citizenry. India follows an approach to ‘principled distance’ to all religions. no strive for homogeneity but rather strive to uphold the diversity and plurality of the country within the constitution.

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Democratic

Democracy means a plurality of religion, ideas, culture, case, gender, etc. A democratic polity as stipulated in the Preamble of India is based on the doctrine of popular, sovereignty, which is the possession of Supreme Power by the people.

democracy is of two types of direct and indirect. In a democracy, the people exercise their Supreme Power directly in Switzerland.

There are Some devices of Direct Democracy, namely.

  • Referendum:-

referendum is a vote on a matter of public interest. for example a recent referendum in Columbia.

  • Plebiscite:-

It is also a direct vote on the matter of public interest. the only difference is that

plebiscite is the most for a political purpose or claiming sovereignty for example of Jammu and Kashmir.

  • Recall:-

Registered voters can petition to remove elected representatives, for example, recall is being used in some municipalities of Madhya Pradesh and Gujarat.

In an indirect democracy, on the other hand, the representatives are elected by the people exercise the Supreme Power, and carry on the government makes the law. This type of democracy also referred to as representative democracy is of two kinds parliamentary and presidential.

The preamble provides for representative parliamentary democracy under which day the executive is responsible to the legislature for all its policies and actions. 

Universal adult franchise periodic election rule of law, independence of Judiciary, and absence of discrimination on certain Grounds are the manifestations of the democratic character of Indian polity. 

The terms democratic is used in the Preamble of Indian constitution in the broader sense embracing not only political democracy but also social and economic democracy this dimension was stressed by Doctor Ambedkar in his concluding speech in the constituent assembly on November 25, 1949, In the following way political democracy can not last unless there least at the base of the social democracy

.

Republic

A Democratic polity is often grouped into two class monarchy and republic. In a monarchy the top of state (usually king or queen) enjoys a hereditary position, that is, he comes into office by succession e.g. Britain.

In a Republic, even then, the head of state is always elected directly or indirectly for a certain period, e.g. the USA, so, the term republic in the preamble of the Indian constitution implies that India has an elected head called the president. 

He is elected indirectly for a certain period of 5 years. The Indian constitution under the republic covered two more things; – vesting of political sovereignty within the people and not during a private kind of a king; second – the absence of any privileged class and hence all public offices Being opened to each citizen with no discrimination.

Justice

The Preamble of the Indian constitution embraces three distinct forms- social, economic, and political, secured through various provisions of fundamental rights and Directive Principles.

Social Justice denotes equal treatment of all citizens with no social distinction based on caste, color, race, religion, sex, and so on.  It means the shortness of privileges being extended to any special section of the society and improvement within the condition of backward classes (SCs, STs, and OBCs) and women.

Economic justice denotes the non-discrimination between people on the idea of economic factors. It involves the elimination of the glaring inequalities in wealth, income, and property a combination of Social justice and economic justice denotes what’s referred to as distributive justice.

Political justice implies that each one citizen should have an equal political right, equal access to all or any political offices and equal voice within the government the thought of justice-social, economic and political have accepted from the Russian Revolution 1917.

Social Justice: entitlement programmed just like the right to work, right to food.
Economic justice: progressive taxation, land reform, etc.
Political justice: Universal adult franchise, equal access to public offices.

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Liberty

The term ‘liberty’ means the absence of restraints on the activities of people and at the same time providing opportunities for the development of individual personalities.

The Preamble of the Indian constitution secures all citizens of India liberty of thought, expression, belief, faith, and worship through their fundamental rights, enforceable in a court of law, in case of violation. 

Liberty, as elaborated in the Preamble of the constitution, is very essential for the successful functioning of the Indian democratic system.

However, Liberty doesn’t mean a license to do what one likes and has got to be enjoyed within the limitation mentioned within the constitution itself, in brief, the freedom conceived by the Preamble or fundamental rights isn’t absolute but qualified. the ideas of liberty, equality, and fraternity in the Preamble have been taken from the french revolution (1789 – 1799).

Equality

The word equality means the shortness of important privileges to any section of the society and therefore the provision of adequate opportunities for all individuals with no discrimination.

The preamble of India secure to all citizens of India, equality of status and opportunity, this provision embraces three dimensions of equality civics, political, and economic.

The following provisions of the chapter on fundamental rights ensure civic equality

  • Equality before the law (Article 14)
  • Prohibition of discrimination on grounds of faith, caste, race, sex, or place of birth (Article 15)
  • Equality of opportunity in affairs of public employment article 16 abolition of untouchability (Article 17)
  • Abolition of the title (Article 18)

There are two provisions in the Constitution that seek to execute political equalityOne, no person is to be declared ineligible for inclusion in electoral rolls on the ground of religion, race, caste, sex (article 325).

Twodirective principles of State Policy (Article 39) secures men and women equal right to an adequate means of livelihood and equal pay for equal work.

While through constitutional provisions like Article 14, 15, 16 we have been able to create equality of opportunity but equality of status is far from being realized.

Still, the social hierarchy in the society exists and people being discriminated against on the basis of the same parameters like caste, sex, religion as mentioned in the constitution for which the government is bound to be e committed.

Fraternity

In the preamble of the Indian Constitutionfraternity means a sense of brotherhood. the constitution promotes this feeling of fraternity by the system of single citizenship. Also, fundamental duties (article 51-A) say that it shall be the duty of every citizen of India transcending religion. linguistic, regional, or sectional diversities.

According to KM Munshi, a member of the drafting committee of the constituent assembly, the phrase dignity of individual signifies that the constitution not only ensures material betterment and maintains a democratic setup but that also recognizes that the personality of every individual is sacred.

This is highlighted through some of the provisions of the fundamental right and directive principle of State Policy, which ensures the dignity of individuals.

Further, the fundamental duties article (51-A) also protects the dignity of women by stating that it’s shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women. And also make it the duty of every citizen of India to uphold and protect the sovereignty, unity, and territorial dimension of National Integration.

Article 1 of the Constitution describes India as a union of states to make it clear that the States have no right to secede from the Union, implying the indestructible nature of the Indian Union. It aims time at overcoming hindrances to National Integration like communalismregionalism casteism, linguism, secessionism, and so on.

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