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  Electronic copy available at: http://ssrn.com/abstract=2043496 1   “ Is PREAMBLE A PART OF CONSTITUTION” Submitted by Abhinav Gaur BBA.LLB Of Symbiosis Law School, NOIDA Symbiosis International University PUNE  Electronic copy available at: http://ssrn.com/abstract=2043496 2   IS PREAMBLE A PART OF CONSTITUTION The constitution of India was framed by a Constituent Assembly. This Assembly was an indirectly elected  body. It had laid down certain ideals to be included in the Constitution. These ideals included commitment to democracy, guarantee to all people of India- Justice, Equality and Freedom. It had also proclaimed that India will be a Sovereign Democratic Republic. The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives and basic  principles of the Constitution. The salient features of the Constitution have evolved directly and indirectly from these objectives which flow from the Preamble. PREAMBLE TO THE CONSTITUTION OF INDIA HISTORY:  It is interesting to know that the Preamble, though the Constitution opens with it, was not the first to come into existence. It was the last piece of Drafting adopted by the Constituent Assembly at the end of the first reading of the Constitution and then seated in the beginning of the Constitution. The motion to adopt the Preamble was moved on 17 th  October, 1949. Several amendments were suggested to the Preamble  but they all were negated. At the end, the President moved the motion- “That the Preamble stands part of the Constitution.” The motion was adopted on November 2, 1946. The Preamble was added to the Constitution. 1   1  CAD, Vol. X, 1949, pp. 429, 456. THE CONSTITUTION OF INDIA PREMBLE   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.  Electronic copy available at: http://ssrn.com/abstract=2043496 3   One of the members of the Constituent Assembly (Pundit Thakur Das Bhargav) rose to poetic heights when he said, The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. Preamble is an introductory statement, stating the aims and objectives of the constitution. Accordingly, the  preamble to the Indian constitution spells out the basic philosophy contained in the body of the Indian Constitution. Reading through the Preamble, one can see the purpose that it serves, namely, the declaration of (1) the source of the constitution, (2) a statement of its objectives and (3) the date of its adoption . The Preamble, in brief, explains the objectives of the Constitution in two ways: one, about the structure of the governance and the other, about the ideals to be achieved in independent India. It is because of this, the Preamble is considered to be the key of the Constitution. Preamble as such is widely accepted as the quintessence or soul and spirit of a constitution, as it embodies the fundamentals and the basic of the constitution as well as the vision and commitment of a newly liberated nation or people after its passing through the inevitable birth pangs of national independence from an oppressive and colonial regime. The objectives, which are laid down in the Preamble, are: 1.   Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist, Secular added by 42nd Amendment, 1976). 2.   Provision to all the citizens of India i.e., a) Justice social, economic and political  b) Liberty of thought, expression, belief, faith and worship c) Equality of status and opportunity d) Fraternity assuring dignity of the individual and unity and integrity of the nation. “We, the people of India” It is the resolve of the people if India to constitute India into Sovereign, Democratic, Republic. From the Preamble of the Constitution it is clear that the framers attached importance to the sovereignty of the people. 2  The ideas reassert the sovereignty and paramountcy of the people’s will over everything. The idea of republic indicates the representative character of its sovereign democracy. It means that the absolute power vested in the people of India under the Constitution is to be exercised by them through their duly elected representative in the various union and states legislatures. 3   2  Motilal v Uttar Pradesh Government AIR 1951 ALL 257 (Paras 185, 188) (FB) affirmed in State of W.B. V Anwar Ali AIR 1952 SC 75. 3  Ram Nandan v State AIR 1959 ALL 101.  4   Sovereignty Sovereignty is one of the foremost elements of any independent State. It means absolute independence, i.e., a government which is not controlled by any other power : internal or external. A country cannot have its own constitution without being sovereign. India is a sovereign country. It is free from external control. It can frame its policies. India is free to formulate its own foreign policy. “Sovereignty” is therefore a term of art rather than a legal expression capable of a precise definition. 4   Socialist  The word socialist was not there in the Preamble of the Constitution in its srcinal form. In 1976, the 42 nd   Amendment to the Constitution incorporated ‘Socialist’ and ‘Secular’, in the Preamble. The word ‘Socialism’ had been used in the context of economic planning. It signifies major role in the economy. It also means commitment to attain ideals like removal of inequalities, provision of minimum basic necessities to all, equal pay for equal work. In the Directive Principles of the State Policy, these ideals have been incorporated as well as partly, implemented in the Constitution. Socialism is implicit in the Preamble and the directive principle of the Constitution. The term “economic justice” in the Preamble denotes nothing but India’s resolve to bring socio-economic revolution. The Directive Principles, particularly Article 39 (b) and (c) of Constitution are charters of social and economic liberties of the people. The word ‘socialism’ has, however, no definite meaning. It has been invariably used in both types of Constitutions- democratic and communistic. Generally, the term implies a system of government in which the means of production is wholly or partially controlled by the State. India’s socialism is, however, a democratic socialism and not a ‘communistic socialism’. For this purpose, the preamble has combined both the words, Socialism and Democracy in the Preamble. This combination of words: socialism and democracy have been criticized by many writers. It has been said that these cannot co-exist. This criticism is, however, not justified in view of the gradual change of thinking of the modern socialists. Their thinking is in line with the idea of welfare state which would prevent only the excess of exploitation and free competition without destroying individual initiative and without detriment to the political freedoms. It is thus the marriage of democracy and socialism which has been embedded in the Indian Constitution. 5  In  Excel Wear v.  Union of India  , 6   the S.C. considered the effect of the word ‘socialist’ in the Preamble. The Court held that addition of the word “Socialist” might enable the courts to lean more 4  Starke:  International Law , 11 th  Edition, p. 91; see also Lloyd:  Introduction to jurisprudence , 5 th  edition, ELBS, pp. 309-314 for six meaning of Sovereihgnity. 5  V.S. Deshpande- Rights and duties under the Indian Constitution, (15 JILI 1973, p- 94). 6  AIR 1979 SC 25.
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