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    Preamble to the Constitution of India

    Preamble to the Constitution of India

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    Original text of the preamble. Beohar Rammanohar Sinha was the artist for the original manuscript calligraphed by Prem Behari Narain Raizada.

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    Constitution of India

    Preamble

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    The Preamble of the Constitution of India presents the principles of the Constitution and indicates the sources of its authority[1] It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day of India. It was amended during Indian emergency by Indira Gandhi where the words "socialist" and "secular" were added.[2]

    Contents

    1 Text

    2 Historical background

    3 An integral part of the Indian constitution

    4 Question of Amendability before emergency

    5 Amendament during Indian emergency

    6 Interpretation 6.1 Sovereign 6.2 Socialist 6.3 Secular 6.4 Democratic 6.5 Republic 6.6 Justice 6.7 Liberty 6.8 Equality 6.9 Fraternity

    6.10 Constitution (Amendment) Bill, 2021

    7 References

    Text[edit]

    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 allFRATERNITY 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.[3]

    Historical background[edit]

    The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950.[4] B. R. Ambedkar said about the preamble:

    It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.[5]

    While the Constituent Assembly was debating the Preamble, there was an argument to rename India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other members were not convinced.[6]

    There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble. The former was outvoted when 68 members voted against 'God'. H.V. Kamath desperately commented, 'This, Sir, is a black day in our annals. God save India'. While the latter - the suggestion to include Gandhi's name, was disapproved by Brajeshwar Prasad who felt that the 'rotten constitution'- which was based on the American Supreme Court cases and Government of India Act and thus not 'Gandhian' in nature, should not carry his name. Prasad said,

    "I do not want that the name of Mahatma Gandhi should be incorporated in this Constitution, because it is not a Gandhian Constitution.... If we had a Gandhian Constitution, I would have been the first to offer my support. I do not want that the name of Mahatma Gandhi should be dragged in the rotten Constitution."[7]

    The preamble page, along with other pages of the original Constitution of India, was designed and decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that time. Nandalal Bose endorsed Sinha's artwork without any alteration whatsoever. As such, the page bears Sinha's short signature in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain Raizada.

    An integral part of the Indian constitution[edit]

    The Supreme Court of India originally stated in the case presidential reference[8] that the preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in a court of law. However, the same court, in the 1973 case, over-ruled earlier decisions and recognized that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.

    Question of Amendability before emergency[edit]

    In the Berubari Case (1960), the amendability & the significance of the constitution came into force. A question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an interpretation of Article 3. The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368. Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh (erstwhile East Pakistan). Supreme Court also held the view that Preamble cannot be a part of the constitution but later in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed.

    स्रोत : en.wikipedia.org

    Preamble to the Indian Constitution

    Preamble to the Indian Constitution

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    Preamble to the Indian Constitution

    27 Jul 2020 10 min read Tags: GS Paper - 2 Indian Constitution

    Constitutional Amendments

    Judiciary

    What is a Preamble?

    A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.

    In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.

    The preamble basically gives idea of the following things/objects:

    Source of the ConstitutionNature of Indian StateStatement of its objectivesDate of its adoption

    History of the Preamble to Indian Constitution

    The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

    Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

    Components of Preamble

    It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.

    Preamble declares India to be a sovereign, socialist, secular and democratic republic.

    The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

    The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

    Key words in the Preamble

    We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.

    It was added in the Preamble by 42nd Amendment, 1976.

    Secular: The term means that all the religions in India get equal respect, protection and support from the state.

    It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.

    Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

    Objectives of the Indian Constitution

    The Constitution is the supreme law and it helps to maintain integrity in the society and to promote unity among the citizens to build a great nation.

    The main objective of the Indian Constitution is to promote harmony throughout the nation.

    The factors which help in achieving this objective are:

    Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and equality as the notion of a happy life and which can not be taken from each other.

    स्रोत : www.drishtiias.com

    Preamble To The Indian Constitution

    The preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles and philosophy of the Indian Constitution.[1]By ...

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    Preamble To The Indian Constitution

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    The preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles and philosophy of the Indian Constitution.[1]By 42nd Constitutional Amendment, 1976, it was amended which determined to constitute India into a Sovereign, Socialist, Secular and Democratic Republic. It secures justice, liberty, equality to all citizens of India and promotes fraternity amongst the people. The idea of the following things can be given by the Preamble which are:

    ·Source of the Constitution

    ·Nature of Indian State

    ·A statement of its objectives

    ·Date of its adoption[2]

    The Preamble of Indian 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.[3] Components of Preamble

    1. It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.

    2. Preamble declares India to be a sovereign, socialist, secular and democratic republic.

    3. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.

    4. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.[4]

    Key Words In The Preamble

    1. Sovereign

    The term ‘Sovereign’ which is proclaimed by the Preamble means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which is subjected to certain limitations.

    2. Socialist

    The term ‘Socialist’ was added in the Preamble by 42nd Amendment, 1976 which means the achievement of socialist ends through democratic means. It is basically a ‘Democratic Socialism’ that holds faith in a mixed economy where both private and public sectors co-exist side by side.

    3. Secular

    The term ‘Secular’ was incorporated in the Preamble by 42nd Constitutional Amendment, 1976 which means that all the religions in India get equal respect, protection and support from the state.

    4. Democratic

    The term ‘Democratic’ implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.

    5. Republic

    The term ‘Republic’ indicates that the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state and he is elected indirectly by the people.[5]

    Interpretation By The Supreme Court

    ·Berubari Union case[6]

    In this case, it was held by the Supreme Court that the Preamble is the part of the Constitution.However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.

    ·Keshvananda Bharti v. State of Kerala[7]

    In this case, The Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution. Again, in LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.

    End-Notes

    [1] https://www.clearias.com/preamble-of-indian-constitution/.

    [2] https://www.jagranjosh.com/general-knowledge/preamble-of-the-constitution-1434782225-1.

    [3] Ibid. [4] Ibid. [5] Ibid.

    [6] Decided on 14th March, 1960.

    [7] (1973) 4 SCC 225.

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