“Law Master’s Publication”
“Preamble”
Prof. Santosh D. Bhosale
9
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PREAMBLE
QUESTION BANK
Q.1. Write a full-dressed note on the preamble of the Constitution.
Q.2. Explain the nature and Scope of the preamble to the Constitution of India.
Q.3. Explain the significance of ‘Preamble’ in the Indian Constitution and discuss
whether it forms a part of the Constitution or not
Q.4. Discuss the role of the preamble in the interpretation of the Constitutional
provisions.
Q.5. Can the Preamble be amended under Art. 368, of the Constitution? Answer
with reference to the decided cases.
TABLE OF CONTENT
II] The Preamble declares:-........................................................................................................ 10
‘We the People of India’:- ............................................................................................... 10
‘Sovereign, Socialist, Secular, Democratic, Republic’: - ................................................ 10
Justice- Social, Economical, Political:-....................................................................... 11
Liberty- of thought, Expression, Belief, Faith and Worship:-..................................... 11
4) Fraternity:-....................................................................................................................... 11
I] INTRODUCTION:-
Every Constitution and statute has a preamble. The preamble is a sort of
“Law Master’s Publication”
“Preamble”
Prof. Santosh D. Bhosale
10
introduction to the statute and is often very helpful in understanding the policy and
legislative intent.
The Supreme Court held that the “Preamble is the key to open the minds of
Constitution Makers. It shows the general purpose for which they made the several
provisions of the Constitution”.
II] The Preamble declares:-
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
November 1949, do hereby, ADOPT, ENACT and GIVE TO
OURSELVES THIS CONSTITUTION.
A] ‘We, the People of India’:-
This sentence indicates the source or power from which the Constitution
has derived. As stated, the source of the Indian Constitution is the people of India.
It shows the social contract the people of India entered into among themselves.
The last sentence in the preamble, “ADOPT, ENACT and GIVE TO OURSELVES
THIS CONSTITUTION.” indicates that the source of the Constitution is the
people of India, and they give it to the Constituent Assembly themselves (i.e. not
imposed by external power on them).
B] ‘Sovereign, Socialist, Secular, Democratic, Republic’: -
The preamble of the Constitution declares the type of Government and
nature of the State.. The preamble declares India a Sovereign, Socialist, Secular,
Democratic Republic. The word ‘Sovereign’ emphasises that India is fully
independent and not controlled by any external power such as Britain etc. The term
‘
Socialist’ and ‘Secular’ were inserted in the preamble of the Constitution (42nd
Amendment. Act., 1976). The word ‘Socialist’ means some form of ownership,
the ‘means’ of production and distribution by the State. The term ‘Secularism’
denotes that India has no religion of its own as recognized religion of the State
1
AIR 1960 SC 845
2
Sub. by the Constitution (fourth second amendment) Act, 1976.
“Law Master’s Publication”
“Preamble”
Prof. Santosh D. Bhosale
11
(e.g. Nepal is a Hindu State, Pakistan is an Islamic State, etc.), but it treats all
religions equally. The term ‘Democratic’ denotes a form of Government that
secures power from ‘the will of the people through adult suffrage. The term
‘
Republic’ refers to the elected head of the State as the Chief Executive Head.,
like the President of the U.S.A. Though the President of India is not directly
elected, he is elected by the people, to whom the people of India have directly
elected (e.g. MP’s and MLAs).
C) Objectives Enshrined in the Preamble:-
The following are the objectives that the preamble secures for every citizen.
1)
Justice- Social, Economical, Political:-
The expression ‘social justice’ requires the abolition of all sorts of
inequalities, which may result from the inequalities of wealth, opportunity, status,
race, religion, caste, title etc. The expression ‘economic justice’ means equal pay
for equal work, irrespective of caste, sex or social status of the worker. The
expression ‘political justice’ means the absence of any unreasonable or arbitrary
distribution among men in political matters.
2)
Liberty- of thought, Expression, Belief, Faith and Worship:-
The Constitution, in its various Articles, guarantees liberty of thought,
expression, belief, faith, and worship. These liberties ensure the development of
the individual and the nation.
3)
Equality- of status and Opportunity:-
Art. 14 to 18 provides for equality. They abolish all discrimination by the
State between citizens and citizens based on religion, race, caste, sex, or place of
birth. They also provide for throwing open ‘public places’ to all citizens,
abolishing untouchability and titles by securing equality of opportunity in matters
relating to employment or appointment to office under the State.
4) Fraternity:-
The term ‘fraternity’ means “a spirit of brotherhood”, “a feeling that all
people are children of the same soil, the motherland”. The Indian Constitution
directly makes no provision that reflects ‘fraternity’ as an object. However, various
other provisions, such as common citizenship, the freedom to move freely, reside,
and settle in any part of India's territory, generate the spirit of brotherhood.
III] Can the Preamble be amended under Art. 368?
The important question before the Supreme Court was whether the
preamble was a part of the Constitution. Can it be amended as any other provision
“Law Master’s Publication”
“Preamble”
Prof. Santosh D. Bhosale
12
in the Constitution under Art. 368.
The Supreme Court held that the preamble is part of the Constitution, and
Parliament, under Art. 368, can amend the preamble as any other provision of the
Constitution; however, the basic structure (feature) of the Constitution should not
be destroyed.
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3
AIR. 1973 SC 1461.