The Preamble to the Indian Constitution stands as a monumental declaration of
the fundamental values and objectives that underpin the Indian state. It
functions as both a guiding beacon and a declarative statement of the
constitutional philosophy of India. Crafted in the aftermath of India's
independence, the Preamble reflects the collective aspirations of its people and
sets the tone for the nation's legal and ethical framework. This article delves
deeply into the significance of the Preamble, analyzing its components,
historical origins, and judicial interpretations. We explore the influence of
the "Objective Resolution" by Jawaharlal Nehru, the philosophical insights of
K.M. Munshi, Thakur Das Bhargava, and N.A. Palkhivala, and the implications of
each term enshrined in the Preamble.
Introduction
The Preamble to the Indian Constitution, adopted on November 26, 1949, is more
than a mere preface; it embodies the essence of the Constitution itself. It
encapsulates the core values and objectives that the framers envisioned for the
newly independent nation. Drafted based on the "Objective Resolution" presented
by Jawaharlal Nehru, it reflects a commitment to build a nation grounded in
democratic principles, social justice, and equality. The Preamble serves not
only as an introduction but as a philosophical and ideological framework that
guides the interpretation and implementation of the Constitution.
The Historical Context and Philosophical Foundations:
The "Objective Resolution"
On December 13, 1946, Jawaharlal Nehru introduced the "Objective Resolution"
before the Constituent Assembly, which laid the foundation for the Preamble. The
resolution outlined the goals and aspirations of the Indian people, emphasizing
the need for a sovereign, democratic, and secular state. Adopted on January 22,
1947, it provided a clear roadmap for the drafting of the Constitution,
reflecting the collective will to establish a just and egalitarian society.
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The Insights of K.M. Munshi:
K.M. Munshi, a key figure in the drafting of the Constitution, described the Preamble as the "horoscope of the Constitution." This analogy signifies that the Preamble encapsulates the constitutional vision and the fundamental goals of the nation. Munshi's perspective underscores the Preamble's role in guiding the interpretation of constitutional provisions and ensuring that they align with the foundational principles articulated therein.
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Thakur Das Bhargava's View:
Thakur Das Bhargava referred to the Preamble as the "soul of the Constitution," highlighting its essential role in reflecting the spirit and ethos of the Constitution. Bhargava's characterization emphasizes the Preamble's function as a moral and philosophical compass for the Constitution, shaping its application and evolution over time.
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N.A. Palkhivala's Interpretation:
N.A. Palkhivala, a renowned constitutional expert, described the Preamble as the "identity card of the Constitution." This perspective suggests that the Preamble not only identifies the Constitution's core principles but also serves as a key to understanding its underlying values and objectives.
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The Preamble's Text and Its Components:
The text of the Preamble reads:
"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: 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; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
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"WE, THE PEOPLE OF INDIA": This phrase signifies that the authority of the Constitution emanates from the people of India. It emphasizes that the Constitution is a product of the collective will of the Indian populace, reflecting the principle of popular sovereignty.
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"SOVEREIGN": The term denotes India's status as an independent and supreme entity, both internally and externally.
- External Sovereignty: Refers to India's independence in international relations, signifying that it is not subject to any external control or influence.
- Internal Sovereignty: Involves the right of the state to exercise full control over its internal affairs without any external interference.
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"SOCIALIST": Added by the 42nd Amendment Act of 1976, it signifies the commitment to achieving social and economic equality.
- Social Equality: Ensures equal treatment of all individuals regardless of caste, creed, sex, or religion.
- Economic Equality: Aims to reduce economic disparities and ensure fair wealth distribution.
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"SECULAR": Introduced by the 42nd Amendment Act, "Secular" means that India does not endorse any state religion, ensuring equal treatment of all religions.
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"DEMOCRATIC": Refers to the commitment to a system of governance where power is derived from the people through periodic elections.
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"REPUBLIC": Indicates that India is governed by elected representatives without a hereditary head of state.
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"JUSTICE: SOCIAL, ECONOMIC, AND POLITICAL": Envisions justice in three dimensions:
- Social Justice: Abolition of social inequalities and injustices.
- Economic Justice: Equal opportunities and fair distribution of resources.
- Political Justice: Equal political rights and opportunities.
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"LIBERTY OF THOUGHT, EXPRESSION, BELIEF, FAITH, AND WORSHIP": Protects fundamental freedoms including speech, expression, and religion.
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"EQUALITY OF STATUS AND OPPORTUNITY": Involves ensuring equal rights and opportunities for all citizens.
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"FRATERNITY ASSURING THE DIGNITY OF THE INDIVIDUAL AND THE UNITY AND INTEGRITY OF THE NATION": Signifies the spirit of brotherhood and unity.
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Is the Preamble Part of the Constitution? Can It Be Amended?
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In Re Berubari Case (1960): The Supreme Court ruled that the Preamble is not a part of the Constitution's text that can be amended by Article 368.
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Kesavananda Bharati Sripadagalvaru v. State of Kerala (1973): The Supreme Court held that the Preamble can be amended, but the fundamental principles enshrined in it form part of the Constitution's basic structure and cannot be altered.
Conclusion
The Preamble to the Indian Constitution is a profound testament to the values
and aspirations of the Indian people. It serves as both a guiding principle and
a declaration of the nation's commitment to justice, liberty, equality, and
fraternity. Through its historical context, philosophical insights, and judicial
interpretations, the Preamble remains a cornerstone of constitutional
interpretation and a reflection of the enduring spirit of the Indian Republic.
As India continues to evolve, the Preamble will continue to illuminate the path
towards a just and inclusive society.
References:
- In Re Berubari Union (1960), AIR 1960 SC 845.
- Kesavananda Bharati Sripadagalvaru v. State of Kerala (1973), AIR 1973 SC 1461.
- D.S. Nakara v. Union of India (1983), AIR 1983 SC 130.
- Excel Wear v. Union of India (1979), AIR 1979 SC 25.
- Minerva Mills Ltd. v. Union of India (1980), AIR 1980 SC 1789.
- S.R. Bommai v. Union of India (1994), AIR 1994 SC 1918.
- St. Xaviers College v. State of Gujarat & Anr (1974), AIR 1974 SC 1389.
- Maneka Gandhi v. Union of India (1978), AIR 1978 SC 597.
- E.P. Royappa v. State of Tamil Nadu (1974), AIR 1974 SC 555.
- Kesavananda Bharati v. State of Kerala (1973), AIR 1973 SC 1461.
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