Basics of Preamble
To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of the Constitution of India. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Preamble and related topics are extremely important for the UPSC Exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Preamble. This article will provide you with relevant details about the Basics of Preamble.
|BASICS OF PREAMBLE|
- Preamble of Indian constitution is preface or introduction that sets out the guiding purpose, principles and philosophy of the constitution.
|NOTE – Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure its conformity with the Constitution.|
- Preamble contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution.
- ‘Objectives Resolution’ drafted and moved by Pandit Nehru (Dec 13, 1946) serves as blueprint for Preamble to the Indian Constitution.
- American Constitution was the first to begin with a preamble.
- Preamble as the “identity card of the Constitution” – N.A. Palkhivala.
- Explains the purposes and objectives of constitution and provides a guideline to the constitution.
“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”.
|PREAMBLE GIVES AN IDEA ABOUT THE FOLLOWING:|
- Source of the constitution – The people of India
- Nature of Indian state – Sovereign, Socialist, Secular, Democratic, Republic.
- Objectives – Justice, Liberty, Equality, Fraternity.
- Date of its adoption – November 26, 1949
- Preamble is neither a source nor a prohibition upon the powers of legislature.
- It is non-justiciable – provisions are not enforceable in courts of law.
|NATURE OF INDIAN STATE|
|“We the people of India” – Emphasizes that the constitution is made by and for the Indian people. It emphasizes the “concept of popular sovereignty” and entails all the power emanates from the people and the political system will be accountable and responsible to the people.|
- India is Externally Sovereign – free from the control of any foreign power
- India is Internally Sovereign – free government which is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
- Added by 42nd CAA 1976
- “Socialism” as an economic philosophy – India adopted Mixed Economy.
- Article 36 to 51(DPSP)- Underline the socialist leanings
- Indian Socialism – democratic socialism; Unique blend of Gandhism and Marxism
- Socialism as a social philosophy stresses more on societal equity and equality.
- “Democratic socialism” aims to end poverty, ignorance, disease and inequality of opportunity, observed by SUPREME COURT.
- Added by 42nd CAA 1976
- Positive concept – State will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice (S R Bommai and Others vs Union of India)
- Article 25-28(Fundamental Right to Freedom of Religion) – Highlight the secular character.
- Constitutional basis – Preamble, Art. 14, 15, 16, 25-28, 29-30, 44, 325 etc.
- Constitution has established a form of Government which gets its authority from the will of the people – “Doctrine of popular sovereignty”
- The rulers are elected by the people and are accountable to them.
- Phrase ‘democratic’ – Political democracy and Socio-economic democracy.
- Representative parliamentary democracy of India– Universal adult franchise, periodic elections, rule of law, independent judiciary, absence of discrimination on certain grounds.
- Democratic polity classified into two categories– monarchy and republic.
- Democratic republic entails elected head of state – Directly or indirectly, for a fixed tenure –PRESIDENT OF INDIA indirectly elected for period of 5 years.
- Article 54-55– related to the election of the President.
|OBJECTIVES OF INDIAN STATE|
- Justice (Russian Revolution, 1917): Social, Economic and Political. This is achieved through FUNDAMENTAL RIGHTS & DIRECTIVE PRINCIPLES OF STATE POLICY.
- Equality (French Revolution): Of status and opportunity.
- Liberty (French Revolution): Of thought, expression, belief, faith and worship. It is guaranteed through Article 19(Right to Freedom).
- Fraternity (French Revolution): Assuring the dignity of the individual and the unity and integrity of the nation. Article 51A (Fundamental duties) were inserted specifically with the vision of fostering a sense of fraternity among the citizens.
|B.R. AMBEDKAR OBSERVED –|
- Political democracy cannot last unless there lies at the base of its social democracy.
- Social democracy – Way of life which recognizes liberty, equality and fraternity.
- Union of trinity– Principles of liberty, equality and fraternity.
- Divorce one from the other is to defeat the very purpose of democracy.
- Without equality, liberty would produce the supremacy of the few over the many.
- Equality without liberty, would kill individual initiative.
|Phrase “dignity of the individual”– signifies that the Constitution not only ensures material betterment and maintain a democratic set-up, but it also recognizes that the personality of every individual is sacred – K.M Munshi|