Features of the Preamble

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Features of the Preamble

  1. The preamble is like a ‘Jewel’ set in the constitution. The preamble is the most precious part of the constitution. It is a key to the constitution. It normally expresses the political, moral and religious values which the constitution is intended to promote.
  2. It embodies the spirit of the constitution, the determination of the Indian people to unite them in a common adventure of building up a new and independent nation which will ensure the triumph of justice, liberty, equality and fraternity. It outlined the essentials of the constitution, which was to be formed by the constituent Assembly, and thus, laid down “the horoscope of our sovereign Democratic Republic.”
  3. The preamble is the quiet essence of the Indian it embodies the basic philosophy and throws light on its It is a combination of the philosophy of job revolutions, the Persian and the French.
  4. The preamble is the unique part of the constitution sense that it represents the entire constitution in its written words and much more, that it is a vital part of the constitution not in the sense that it is unalterable or amendable on the ground that it contains the basic features of the constitution, but sense that it enables one to understand the constitution.

 

Key words in the Indian Preamble

  1. The expression ‘Sovereign‘ signifies that the Republic is externally sovereign. It had already ceased to be dependency of the British Empire by the passing of the Indian Independence Act, 1947. From the 15th of August, 1947, to the 26th January, 1950, her political status was that of a Dominion in the British common wealth of Nations. But with the inauguration of the present constitution, India became a Sovereign Republic like the United States of America. However, India is still a member of the Commonwealth of Nations.
  2. The fact that India is a sovereign state is an essential attribute of sovereignty that a sovereign state can acquire foreign territory and can in case of necessity cede a part of its territory in favor of a foreign state.
  3. It cannot be assumed that the preamble which declares India to be ‘Sovereign’ makes a serious inroad on one of the essential attributes of sovereignty itself. National territory, therefore, can be ceded by amending the constitution.
  4. Legal sovereignty is vested in the people of India. The political sovereignty is distributed between the union and the states with greater weightage in favor of the fact that the State does not possess any absolute sovereignty. There exists a dual relationship in India; and citizens are citizens of India and not of the various state in which they are domiciled.

 

  1. The word ‘Socialist‘ added by the 42nd Amendment is intended to bring out that ours is a socialist state which secure to its people, ‘Justice – Social, economic and political.’
  2. Its inclusion in the preamble was objected on the ground that it is a vague expression and means different to different persons.

 

  1. The word ‘Secular‘ has also been added by the 42nd constitution Amendment Act, 1976.
  2. It highlights that the state shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and right freely to practice and propagate religion.
  3. The provisions of right to freedom of religion ensuring freedom of conscience and free profession, practice and propagation of religion, freedom to manager religious affairs and right to equality clearly implied that India is a “secular Republic”.

 

  1. The term ‘Democratic‘ is comprehensive.
  2. In a narrow political sense it refers only to the form of Government, a representative and responsible system under which those who administrate affairs of the state are chosen by the electorate and accountable to them.
  3. But in its broadest sense, it embraces, in addition political democracy also social and economic democracy. The terms ‘democratic’ is used in this sense in the preamble.

 

  1. The term ‘Republic‘ implies an elected head of the state. A democratic state may have on elected or a hereditary head.
  2. Under a republican form, the head of the state, single or collective is always elected for a prescribed period.
  3. By deciding to become a republic, India has chosen the system of electing of its citizens as its President the head of the state at regular intervals.

 

  1. Justice’ implies a harmonious reconcilement of individual conduct with the general welfare of society.
  2. The term ‘Liberty‘ is used in the preamble not merely in a negative but also in a positive sense.
  3. Not only does it signify the absence of any arbitrary restraint on the freedom of individual action, but it also ensures the creation of conditions which provide the essential ingredients necessary for the fullest development of the personality of the individual.

 

  1. ‘Liberty’ is incomplete without ‘Equality’. In fact, Liberty and Equality are complementary.
  2. Equality does not mean that all human beings are equal mentally and physically.
  3. It signifies equality of status, the status of free individuals and equality of opportunity.

 

  1. Finally, the preamble emphasizes the objective of ‘Fraternity’ in order to ensure both the dignity of the individual and the unity of the nation.
  2. By fraternity is understood a spirit of brotherhood, the promotion of which is absolutely essential in our country which is composed of people of many races and religions.

 

  1. Dignity’ as a word of moral and spiritual import imposes a moral obligation, on the part of the union to respect personality of the citizen and to create conditions of work which will ensure self- respect.

 

  1. The incorporation of the phrase ‘dignity of the individual’ is an express rejection of the Hegelian theory on which modern totalitarianism is based. The unity of the nation stands on the basis of the dignity of the individual.

 

  1. The use of words ‘unity and Integrity’ has been made to prevent tendencies of regionalism, provisionalism, linguism, communalism and secessionist and separatist activities more and more so that the dream of national integration on the lines of enlightened secularism is achieved.
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