The Preamble of The Indian Constitution
PREAMBLE OF THE INDIAN CONSTITUTION
Values that inspired and guided the freedom struggle of India and laid the foundation of India’s democracy are embedded in the preamble of the constitution.
The constitution begins with a short statement of its basic values. This is called the Preamble to the Constitution.
THE ORIGINAL ONE
Important points related to the Preamble of India:
- The term ‘ Socialist’ and ‘Secular’ were added and the words ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’ in the constitution through the 42nd Amendment Act,1976.
- The preamble is based on the objectives of ‘Objectives’ which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru.
- The Preamble of the Constitution contains the philosophy on which the entire constitution has been built. It provides a standard to examine and evaluate any law and action of government as good or bad.
- It is the Soul of the Indian Constitution.
- The original Constitution of India which was adopted on the 26th of January,1950, was not a printed document. It was entirely handcrafted by the artists of Shantiniketan under the guidance of Acharya Nandlal Bose.
- The Preamble and other pages of the original constitution were designed and painted by Beohar Rammanohar Sinha.
- Its calligraphy was done by Prem Bihari Narain Raizada.
- The Preamble was amended only once in 1976 during the Indira Gandhi’s government through the 42nd Amendment Act.
- Like DPSP, Preamble is also non-justiciable in nature and cannot be enforced in any court of Law.
Cases related to Preamble and their result
- In the 1960 Berubari Case, the Supreme Court originally stated that the preamble is not an integral part of the Indian Constitution and therefore it is not enforceable in a court of law.
- In the 1973 Kesavananda Case, the Supreme court overruled earlier decisions and recognized that the preamble may be used to interpret ambiguous areas of the constitution and also held that the Preamble is an integral part of the Indian Constitution and hence, it is amendable under Article 368, subject to the condition that basic features of the Constitution cannot be altered.
- In the 1995 case of Union vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Indian Constitution.
MEANING OF THE KEY WORDS:
WE, THE PEOPLE OF INDIA:
The constitution has been drawn up and enacted by the people through their representative, and not handed down to them by a king or any outside powers.
People have supreme rights to make decisions on internal as well as external matters. No external power can dictate the Government of India.
Citizens have complete freedom to follow any religion. But there is no official religion. The Government treats all religious beliefs and practices with equal respect.
A form of government where peolple enjoy political rights, elect their leaders and hold them accountable. The government is run according to some basic rules.
The head of the state is an elected person not a heriditary position.
Citizen cannot be discreminated on the basis of caste, religion and gender. Social inequalitieshave to be reduced. Government should work for the welfare of all especially for the disadvantaged group.
There are no unreasonable restrictions on the citizens in what they think, how they wish to express their thoughts and the way they to follow up their thoughts in action.
All are equal before law. The traditional social inequalities have to be ended. The government should equal opputunity for all.
All of us should behave as if we are members of the same family. No one should treat a fellow citizen as inferior.