History 0f The Indian Preamble To Indian Constitution

Preamble, in general, refers to an initial remark that summarizes or states the purpose for the remainder of the document or work. The Preamble to the Indian Constitution is an opening phrase that states the Constitution’s goals and objectives. As a result, the preamble of the Indian Constitution points forth the core idea inherent throughout the Indian Constitution’s body. Because it incorporates the basics and core of the Constitution, as well as the vision and dedication of a newly freed people, the preamble is often considered as the quintessence or soul and spirit of the Constitution. 

Preamble

The Preamble to Indian Constitution is considered as the cornerstone of the Constitution since it outlines the goal of the Constitution in two ways: 

• About the system of administration 
• About the objectives to be reached in independent India

The wording of the preamble reveals four significant characteristics of the Indian Constitution:

• The Constitution derives its power from the people of India
• Indian State Nature: Declares India to be a Sovereign, Socialistic, Secular, Democratic, and Republic
• The Constitution’s goals are to establish justice, liberty, equality, and fraternity
• It was enacted on November 26, 1949

History Of The Indian Preamble

The preamble is based on Jawaharlal Nehru’s Objectives Resolution, which was authored and moved in the Constituent Assembly on December 13, 1946, and was accepted by the Constituent Assembly on January 22, 1947.

Let us have a look at the History of the Indian Preamble-

• The preamble as originally enacted characterised the state as a “sovereign democratic republic,” to which the terms “secular” and “socialist” were later inserted by a Captive Parliament during The Emergency in the 42nd amendment
• In the presidential referral to the Berubari case, the Supreme Court of India initially ruled that the preamble is not an integral part of the Indian Constitution and hence cannot be enforced in a court of law. In the 1973 Kesavananda bharati case, however, the same court overturned previous findings and agreed that the preamble might be used to interpret confusing provisions of the Constitution if alternative interpretations exist
• The preamble page, as well as other pages of the original Constitution of India, were drawn and decorated by the famed Jabalpur painter Beohar Rammanohar Sinha, who was in Shantiniketan along with Acharya Nandalal Bose at the moment in time. Beohar Rammanohar Sinha’s artwork was approved by Nandalal Bose without any revisions. As a result, Beohar Rammanohar Sinha’s brief signature Ram in Devanagari appears in the lower-right corner of the page. The calligraphy was done by Prem Behari Narain Raizada
• With the majority of India’s opposition imprisoned during the Emergency, Indira Gandhi’s government pushed through a slew of revisions in the 42nd amendment to the Constitution, which was ratified on December 18, 1976. In this modification, the adjectives “socialist” and “secular” were added between the phrases “Sovereign” and “democratic,” and the phrase “unity of the Nation” was changed to “unity and integrity of the Nation”

Key Terms In The Preamble

Sovereign

This indicates that India is not a colony or a dominion of another country but rather a sovereign nation. It has no higher authority and is free to manage its affairs (both external and internal). As a sovereign country, India has the option of acquiring a foreign territory or ceding a portion of its territory to a foreign state.

Socialist

The Constitution already featured socialist components in several Directive Principles of State Policy before the amendment. In India, socialism is referred to as democratic socialism. India has a mixed economy with both private and state sectors coexisting. ‘Democratic socialism strives to alleviate poverty, illiteracy, sickness, and inequality of opportunity,’ according to the Supreme Court.

Secular

Secular implies that the relationship between the government and religious groups is governed by the Constitution and the law. Secularism separates the power of the state from the power of religion. All religions are equally supported by the state in India’s secularism. In other words, the Indian Constitution incorporates the positive notion of secularism, which states that all religions in our nation (regardless of strength) enjoy the same status and support from the state.

Democratic

The word democratic refers to the Indian Constitution’s provision for a system of government whose power is derived from the will of the people expressed in an election. In the preamble, the term “democratic” is used broadly, encompassing political democracy as well as economic and social democracy.

Republic

The word republic refers to the fact that the head of state is chosen by the people. (It is not inherited.) In India, the President of India is the elected head of state, who is chosen indirectly by Indian citizens for a five-year tenure.

Justice

To maintain equality among its citizens, the Constitution provides for social, economic, and political justice.

• Social justice: The lack of privileges for specific groups in society is referred to as social fairness. It implies that no citizen shall be discriminated against on the grounds of caste, creed, colour, religion, sex, or place of birth.
• Economic justice: Economic justice indicates no discrimination between people based on their income, wealth, or economic standing.
• Political justice: Political justice entails providing everyone with equal, free, and fair chances to participate in the political process.

Liberty

Individuals’ activities should not be limited or controlled by regulations, according to the concept of liberty. The preamble specifies five sorts of liberty. They are thinking, speech, belief, religion, and worship liberty.

Fraternity

The term refers to a sense of brotherhood as well as an emotional tie to the nation and all people. Fraternity promotes individual dignity as well as national harmony. The concept of single citizenship promoted by the Constitution fosters this sense of fraternity.

Cases Related To Preamble Of Indian Constitution In The History Of The Indian Preamble

The Supreme Court has addressed the preamble as a component of the Constitution multiple times. It is easy to understand if you read the two cases related to the preamble of the Indian Constitution below.

Case of Berubari Union (1960)

It was used as a reference under Article 143(1) of the Constitution on the execution of the Indo-Pakistan Agreement linked to the Berubari Union and swapping the enclaves that were decided for consideration by an eight-judge panel.

The court declared in the Berubari case:

• The Supreme Court said unequivocally that the preamble is not a part of the Constitution
• According to the Supreme Court, the preamble explains the basic goals of the Constitution’s many clauses
• As a result, it is a key to the thinking of the Constitution’s framers
• When the terms used in any article are ambiguous or have more than one meaning, the Preamble objectives can help with interpretation

Case of Kesavananda Bharati (1973)

In this case, a bench of 13 judges was convened for the first time to consider a writ petition. According to the Court:

The Supreme Court overturned the previous decision, ruling that the preamble is a component of the Constitution.

• The preamble does not have supreme power or the authority to impose restrictions or prohibitions. Still, it does play an essential role in the interpretation of legislation and clauses of the Constitution
• As a result, the preamble forms part of the Constitution’s opening section
• It said that the Constitution should be read and understood in light of the high and noble goal expressed in the preamble
• In the 1995 case of Union Government vs LIC of India, the Supreme Court concluded that the preamble is an intrinsic element of the Constitution but is not immediately enforceable in an Indian court of justice

Conclusion

The Indian Constitution’s Preamble is an introductory sentence that defines the Constitution’s goals and objectives. It states the Constitution’s purpose in two ways: in terms of the administrative structure and the goals to be achieved in an independent India. On November 26, 1949, the preamble was enacted. The Indian Constitution’s 42nd amendment was ratified on December 18, 1976. Indira Gandhi’s government pushed through a raft of changes during the Emergency.The words “socialist” and “secular” were added in the preamble. The term “national unity and integrity” was also modified. The preamble, according to the Supreme Court, describes the essential purpose of the Constitution’s various provisions. It does not have supreme power or the right to impose limits or bans, but it does play an important role in interpreting laws and constitutional issues.