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The Indian constitution came into effect on the 26th of January 1950 – which is celebrated as Republic Day. The constitution is the ultimate or supreme law of the land-Indian nation. In other words, all legislations and interpretations of the law must align with the constitution – in letter and spirit. The preamble to the constitution sets the overarching guiding principles for the various statutes, provisions, and the relevant underlying articles and sub-sections. The significance of the Preamble is determined by its elements. Therefore, the preamble represents the people from whom it gets the power and authority. The constitution states that India adopts a Parliament form of the governance system. It stipulates that the executive, judiciary, and legislature are distinct pillars of democracy, functioning with independence. The Indian polity comprises and deals with the government’s governance system, administration, and jurisdiction.
The Preamble:
The preamble sets the tone for interpreting the constitution and its implementation in letter and spirit. The Preamble to the constitution
- declares India to be a sovereign, socialist, secular, and democratic republic
- assures citizens of justice, equality, and liberty
- and seeks to promote fraternity among the people/citizens
The Significance of the Preamble
The preamble is regarded as the spirit and spine of the Indian constitution. The preamble provides a concise overview of the Indian constitution. The significance of the Preamble can be seen in the following ways:
a) Prelude or introduction to the constitutional laws: The preamble provides an introduction to the constitution, setting a framework for the foundational principles.
b) Meaning of the Preamble: The primary aim of the preamble is to clarify the definition of certain fundamental terms and philosophy and lay out the specific details that must be defined.
A preamble can also be used to restrict the meaning or interpretation of a particular phrase, describe details, or further add definitions.
c) Scope of the preamble: The key purpose of the preamble is to explain the concept or principles behind the constitutional laws. Besides, the preamble outlines the core values that define the constitution and the aims & objectives of the constitution.
d) Declaration: The Preamble does not accord authority but provides the foundational basis for the constitution.
- It declares India a sovereign, socialist, secular, and democratic republic.
- Citizens are entitled to Justice, Equality, and Liberty
- Intent to promote a sense of fraternity (or sense of community/brotherhood) among the citizens
Contents of the Preamble:
The preamble’s contents have high significance.
- We the People of India – This expression establishes that the sovereign authority is the people from whom the constitution derives its authority. It shows citizens have granted their powers and authority to the government.
- Sovereign meaning in the preamble – Sovereign refers to supreme and complete authority. Citizens have sovereign control, and they delegate it to the elected representatives.
- Socialist – the term denotes a political-economic structure or belief. The word Socialist was included in the preamble to offer equality of opportunities, provide decent lives for the people, and a brief to the Framers of the constitution, to write/draft the constitution from a socialist perspective.
- Secular – Inserted in 1976 through a constitutional amendment, the term secular indicates that India doesn’t have a state religion; Citizens have the right to follow and practice their faith.
- Democratic – Taken from a Greek word, it means “citizens” and “authority”. Democracy refers to the rule by citizens.
- Republic – The concept of a republic refers to the citizens of the country wielding absolute authority.
- Justice – the goal of justice is to protect citizens’ social, democratic, and economic interests and provide them with opportunities and a decent standard of living.
- Liberty – The word liberty was included to ensure people’s independence of conscience, speech, and religion. Giving citizens freedom for personal development is crucial and prevents the government from interfering with their liberty.
- Equality – The principle of equality helps ensure that every citizen is treated equally, and the state would strive to ensure that everybody is treated equally under the law.
- Fraternity -Fraternity refers to brotherhood. This term was added to make the citizens feel that they were all on the same pedestal and to promote unity. This was pertinent for a diverse nation like India regarding faith, ethnicity, and caste.
History
The original preamble was written and proposed to the constituent assembly with the words; sovereign, democratic, and republic. The terms socialist and secular were added in 1976 through a constitutional amendment.
Constitution and Indian Polity
The Indian constitution stipulates a Parliament form of the governance system. The head of the government is different from the Head of State. Likewise, in states, the Legislature elects the head of the state government. Polity refers to the political system that uses the constitutional provisions to govern, legislate and frame rules. The three pillars of the governance system – Executive, Legislature, and Judiciary have distinct roles with adequate checks and balances. The Judiciary is empowered to review legislation and amendments to ensure that it conforms to the constitution.
Conclusion:
The preamble of the Indian constitution provides an excellent prelude to the constitutional laws and provisions, laying down a framework and foundational principles for constitutional laws. The constitution stipulates a Parliament form of a governance system, with the Executive, Legislature, and Judiciary having distinct roles. The Polity follows the constitutional framework to run the government, legislate and coordinate with the Legislature and Judiciary to facilitate their functioning. The significance of the preamble is apparent as it sets the framework and provides guiding principles for the constitutional laws. The Preamble sets the ground for framing and interpreting Constitutional laws, and the Polity works with the governance system to fulfil its governance and administrative obligations.