In this essay we will discuss about preamble of the constitution. After reading this essay you will learn about:- 1. Introduction to the Preamble of the Constitution 2. Preamble and its Significance 3. Sources of Preamble 4. Preamble of the Constitution 5. Critical Evaluation of Preamble of the Constitution.
List of Essays on the Preamble of the Constitution
Essay Contents:
- Essay on Introduction to the Preamble of the Constitution
- Essay on the Preamble and its Significance
- Essay on the Sources of Preamble
- Essay on Preamble of the Constitution
- Essay on Critical Evaluation of Preamble of the Constitution
Essay # 1. Introduction to the Preamble of the Constitution:
The Constitution of India is prefaced with a Preamble which is supposed to reflect the thinking and ideology of constitution itself and view point of its makers. It is, however, not an integral part of the main document and as such not subject to judicial review. But at the same time it occupies a pivotal position in the interpretation or classification of any vagueness in the constitution.
It is thus key to the constitution. It also indicates the sources as well as the sanction and pattern of the constitution and is supposed to indicate its contents. The whole constitution can be measured with this yard stick and as such it has been called as perfection in itself.
It reflects country’s glorious values. In the words of Pt. Thakur Das Bhargav, “I would like that we examine all the provisions of the constitution by touch stone of the Preamble and thus decide whether constitution is good or not.”
Essay # 2. Preamble and its Significance:
C J. Suba Rao in the case of Gokalnath Vs. the State of Punjab maintained that the Preamble of the Constitution contains in nutshell its ideals and aspirations. In case, however, preamble is dropped it will not change the statute itself.
About preamble Shukla says, “It is neither regarded as a source of any substantive governmental power nor by itself alone it inputs any limitations on the exercise of powers nor expressly or impliedly prohibited by the constitution.’ In the world there are many constitutions which do not have any preamble. All that can be said is that preamble gives the constitution greater dignity.
The preamble of Indian constitution, however, not only reflects basic character of the State but also specifies at me length purposes and objectives of the constitution. Though not a part the constitution, the preamble can be referred to, explain and elucidate a point where there is some ambiguity.
There are, however, several cases in which the preamble of the constitution has been given much importance. In Indo-Pakistan Agreement Supreme Court of India observed that preamble to the constitution is a key to open the mind of the makers. In Keshvananda Bharti case all the judges look the view that preamble of the constitution is its integral part.
In Berubari Union case it has also been held that preamble is part of the Constitution. because it is expressly voted to be the part of the constitution. In the words of Dr. Dayal, “A majority of the judges of the Full Bench who expressed an opinion on the point, held that the objectives specified in re amble contain the basic structure of the constitution which cannot be amended in exercise of the powers under Section 368.”
In the words of Basu, “In other words preamble shows the general purpose behind the several provisions of the constitution but, nevertheless, it is never regarded as a source of any substantive prohibition or limitation.”
In fact, opinions even in the courts of law continue to vary whether preamble is part of the constitution or not and whether it is possible to amend it or it is too holy to be touched. In several cases the courts of law have given different opinions and viewpoints about the position and place of preamble in the constitution and as such the issue has become somewhat confusing.
Essay # 3. Sources of Preamble:
Indian constitution makers were inspired by the constitutions of the USA, Australia, France, Italy and West Germany, which contain a preamble to their respective constitutions.
The influence of the US constitution which has been dedicated to the people of that country, had, however, immense influence on constitution makers of India. Accordingly like the constitution of the USA, the Indian Constitution too has been dedicated to our people.
In addition to this, while drafting the Preamble to the constitution, our constitution makers were influenced by the Resolution of Constituent Assembly passed as early as in January, 1947, which reads as follows:
“The Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic…
Wherein all powers and authority of the Sovereign Independent India, its constituent parts and organs of government are derived from the people;
Wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity; and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action subject to law and public morality; and
Wherein adequate safeguards shall be provided for minorities….
Wherein shall be maintained the integrity of the territory of the Republic and its sovereign rights on land….”
The Resolution of the Constituent Assembly thus promised to make India a Sovereign Democratic Republic with a federal polity and vesting all power and authority in the hands of the masses. It was in this Resolution that integration of Indian states was visualised and a federation consisting of British India and ‘Indian India’ was foresighted.
Similarly, social, economic and political justice and equality before law was also promised in this very Resolution. Thus, the Preambles of some other working constitutions of the world as well as this historic Resolution of January, 1947 are the main sources for the Preamble of our constitution.
Essay # 4. Preamble of the Constitution:
As already said, the Preamble of the Constitution of India makes very lofty promises and has been dedicated to the people of India, and not to any particular class or section of the society.
When originally adopted by the Constituent Assembly it read as follows:
“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign, 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 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.”
It may, however, be pointed out that the words ‘Socialist, Secular’ occurring between the words ‘Sovereign’ ‘Democratic’ and also the words Integrity’ occurring between the words ‘Unity’ and ‘of the nation’ in the preamble were inserted by Forty-Second Constitution Amendment Act, enacted in 1976.
The Principles enunciated in the constitution, namely, those of making India a Sovereign Democratic, Secular Republic, ensuring the people equality and making them as ultimate sovereign in the country have been fully incorporated in the constitution. Thus, the preamble is true picture of the constitution.
It may be discussed as under:
1. We the People of India:
The Preamble has vested ultimate authority in the people of India to whom the constitution has been dedicated and in whose name it has been enacted. It will be seen that India has adopted democracy as a form of government and way of life. In the country all adults have a right to vote without any consideration for sex, caste or creed.
All the posts in the state, including the highest one of the President of the Republic, can be held by citizen of India who gets elected by duly elected representatives of the people i.e., by his electoral college.
In India there is also Parliamentary form of government in which ultimate authority is vested in the Parliament, which consists of the elected representatives of the people. The Council of Ministers, i.e., the de-facto executive is responsible to the legislature and can remain in power only as long as it enjoys its confidence.
Some critics were of the view that due to large-scale illiteracy India was, and is still not fit for democracy and yet constitution fathers, in their best wisdom, decided to experiment with democracy and today India is the biggest democracy in the world. Several elections which have so far been held in India have established beyond all doubts political maturity of our electorates.
In the opinion of K.V. Rao the significance of “We the people lies in the fact the Constitution eliminates the British king externally and Indian princes internally from claiming any vestiges in sovereignty.”
2. Having Solemnly Resolved to makes India a Sovereign Socialist Secular Democratic Republic:
The Preamble says that India shall sovereign state. Sovereignly implies freedom of national action, both internal as well as external. Internal sovereignty means freedom to enact and amend both ordinary and constitutional laws without any external pressure.
External freedom implies nation’s right to formulate and execute her own foreign policies. In both these respects India is free and playing her role in the world organisations. As a member of UNO India has played a very significant pan in the world politics.
Some of the critics, however, feel that India is not a sovereign state by virtue of her membership of Commonwealth of Nations which makes it obligatory for her to accept British Queen as her over-lord. Nation is supposed to owe allegiance to the Queen.
But the criticism does not seem to be valid because India is not obliged to be a member of Commonwealth of Nations but is continuing there with her own willingness and without any compulsion. Membership of Commonwealth in no way hinders country’s decisions at national and international level or in any matter both domestic and foreign.
In fact, the character of this organisation has now altogether changed and Commonwealth is now nothing beyond a forum on which members discuss their problems in a free and frank manner as free sovereign nations and to solve such problems which confront Commonwealth as a whole.
It has very appropriately been said by Palande that, “India’s membership of Commonwealth of Nations is based on extra constitutional contractual arrangement entered into at will and terminable at will.”
The Preamble also says that India shall be a Republic. It implies that the head of the State in India shall neither be hereditary nor a dictator. He shall be elected by the people indirectly for a limited period and will have to face his electorates again after the expiry of the period.
Accordingly the President of Indian Republic is elected for a period of 5 years by the elected representatives of the state legislatures and the Parliament who form an electoral college for the purpose of electing him.
Since the President is neither hereditary nor a dictator he can also be removed from office by impeachment, if it is found that he is not discharging his obligations in accordance with the rules provided in the constitution. His electoral college consists of Members of Parliament and State Legislatures. Impeachment procedure for his removal is very difficult and so far (1996) in India no President has been impeached.
3. Socialist Society:
Forty-Second Constitution Amendment Act has specifically provided that India will be a socialist state. A change to this effect was incorporated in the preamble of the constitution. Now what is ‘Socialism’? It is a term, which like ‘Justice’ and ‘democracy’ still remains undefined.
But from the days of freedom struggle, Indian National Congress has been telling to the people of India that after independence the nation will follow the path of socialism. As early as in 1929, All India Congress- Committee, resolved that India’s poverty was due to its poor economic structure which needed modification on socialistic lines.
In 1931, the Congress party resolved that in order to improve economic conditions and with a view to making political freedom meaningful it was essential that the state should control key industries and services.
In 1945, in its election manifesto the Congress party again said that India’s most important problem was to end poverty and for this it was essential that the wealth should not get concentrated just in the hands of few individuals or group of individuals.
When the constitution of India was enacted at that time the main aim of the constitution fathers was to ensure that India should be a socialist state and accordingly it was provided that in India the people must be given social, economic and political justice. Directive Principles of the State Policy embodied in the constitution also provide that India will be a socialist state.
In Indian context socialism means removal of fantastic socio-economic imbalances and providing the masses distributive justice. But so far mention of socialism in India, as a part of the constitution, had been deliberately avoided and instead at Avadi Session of the Congress it was said that establishing ‘Socialistic Pattern of Society’ shall be the main aim of the Congress party.
In such a society there will be equal opportunity for progress for all. When Art. 31 C of the Constitution Forty-Second Amendment Act became part of the constitution and Directive Principles of the state policy as a whole got dominance over Fundamental Rights, it became unavoidable that m the preamble itself it should be specified that socialism is the goal of Indian society and that the coots should recognise this change.
On May 30, 1976, Sardar Swaran Singh said before All India Congress Committee that the word ‘Socialist’ had been added in the preamble so that there should be no confusion about our objectives.
He also said that the constitution should be suitably altered so that it became easy to effectively implement other socio-economic reforms. He also said that, “By inserting the word ‘Socialist’ it is intended to give a positive direction to the government in formulating its policies.”
Prime Minister Mrs. Gandhi also said that our socialism meant bettering the life of the people of India and that this word had been chosen to describe India’s ethos because it came closest to what is being aimed at She said that socialism did not mean mixed economy but some form of ownership of means of production and distribution by the society so that private ownership was eliminated.
It has, however, been very often said by ruling Congress party that ‘Socialism’ in India means type of socialism which is most suited to Indian conditions. But is socialism solution to Indian problem is still a question mark?
4. Secular Democracy:
Preamble of the constitution had provided that India will be a Sovereign, Democratic Republic. But with the enactment of Forty-Second Constitution Amendment Act it was provided that the country will be, Secular’ Republic. In fact, secularism of India has never been in doubt and the constitution in more than one way emphasised on India’s being a secular state.
But incorporation of this word in the preamble meant giving it a constitutional sanctity, what was otherwise an established fact.
In India secularism has different meaning. To quote Dr. Dayal again, “Secularism in the Indian context does not mean negation of all religions. It means equal respect for all religions.”
Similarly one of the Congress Presidents, D.K: Baroah in 1976, while speaking on this amendment said that, “All religions in this country, however small their strength may be, have the same status and same prestige and the same support from the state.”
Similarly the then Law Minister H.R. Gokhale also said, “There will be freedom, liberty of faith and worship, whatever religion you belong to, is all that what you mean by secularism.” Articles 25-30 of the constitution stress on religious freedom in India.
In the words of Basu, “Instead of clarifying the meanings of those provisions, the use of non-technical word Secular originating in common parlance and there from finding its way into the courts, has been unfortunate and confusing. Little improvement will be effected by inserting this word in the preamble.”
But that perhaps is not very true. Addition of word Secular the preamble of the constitution itself clearly indicates that in India state possesses no religion and the very fact that a vast majority of population of India professes a particular religion does not give it any weightage over other religions either in public or in private sector.
But the very concept of ‘Secularism’ has become a matter of debate these days. Many politicians have started preaching that it is pesudo secularism which ruling party at the Centre is using for winning the votes of religious minorities. It is being used against the majority religious community. It is this wrong approach to secularism which is cause of many political problems in India.
5. Democratic:
Preamble of the Constitution states that India shall be a democratic State. Thus, all chances of dictatorship or any other form of government have been completely ruled out. The country shall have representative democracy based on universal adult franchise without any distinction of voters on the basis of caste, creed and religion.
It will be indirect and not direct democracy and as devices of direct democracy like referendum, recall and plebiscite have not been introduced in the country. All the representatives of the people for elected bodies are to be chosen by the people without any distinction about property, education and sex.
Entire authority for the conduct of election has been vested in an independent statutory authority called the Election Commission of India, headed by a Chief Election Commissioner.
6. Republic:
Preamble of the Constitution also states that India shall be a ‘Republic’. The term ‘republic’ has, of course, been differently interpreted 6y the scholars but our founding fathers meant from republic a state in which the supreme power shall remain in the people and their elected representatives. In it even the head of the state was to be elected.
Thus, it was absolutely opposed to either monarchy or dictatorship. Thus, there was no scope for hereditary headship of the country or the one who has been super-imposed by the people. It means that the head of the state can come even from the cottages of the remotest part of India provided he enjoys the confidence of the people of India.
7. Justice; Social, Economic and Political:
The Preamble of the Constitution ensures justice for all citizens of India. It implies that all the high and the low in India will be treated by same set of laws. In the eyes of law all shall be equal and there will be no differentiation on the basis of caste, creed, religion or sex. For crimes of similar nature, there will be equal punishment.
This type of justice has not only been promised but given to the people of India in the form of Fundamental Rights. The people have been assured social justice and all have been given the right to get the type of education they like. Untouchability which was a slur on the fair name of society has now been abolished. Temples have been thrown open to the so-called schedule castes, who are now Very much an integral part of the society and on their betterment depends the very advancement of Indian society.
Similarly economic justice has been promised. Beggary and Begar both have been legally banned and those who exploit and continue beggary can be legally punished. Similarly steps are being taken that equal wages are paid for equal work and sex of a worker does not differentiate in deciding the wages.
Economic justice also implies that working conditions of the workers should be improved and every effort should be made to see that all lead an honourable life with high living standards. Bonded labour system has already been abolished and keeping bonded labour is punishable offence. Political justice has been provided to the people by adopting democracy, as a form of government and way of life. In it even citizen has been given only one vote. But is the country anywhere near social and economic justice? Reply is very much in the negative.
8. Liberty of; Thought, Expression, Belief, Faith and Worship:
Liberty, as promised in the preamble has been given to the people in the form of Fundamental Rights. The people have been assured that as long as they are peaceful, they are at liberty to form associations and assemblies to discuss their problems. There is no ban on expression of ideas or their following a particular belief provided national interests were not jeopardised or these did not lead to violence.
Fundamental Rights as embodied in the constitution also give perfect freedom of worship to the people of India. India is a secular state and as such the state has no religion of its own. In the eyes of the state all religions are equal. In the constitution it is clearly stated that the state shall neither praise nor patronise any religion, nor shall it condemn or discourage any religion in any manner.
The state shall also neither extend nor deny financial assistance to any religion. No religious institution, which professes or promotes the cause of a particular religion shall get Financial assistance or patronage from the state. While filling up jobs in public services religion of the person shall have no meaning.
9. Equality; of Status and of Opportunity:
This promise of the preamble is also reflected in the constitution. Fundamental Rights assure social, economic and political equality. None is to be distinguished for having high or low standard or on economic basis. Status of a person does not give him any weightage either in the political or economic as well as legal field.
An economically well placed person has one vote and so is the case with economically poor one. A rich is at par with the poor in the eyes of law.
All have been provided equal opportunity for seeking employment and also for getting higher jobs. The scheduled castes, scheduled tribes and other backward classes have been given special protection, by way of giving them reservation of seats, so that they become equal with socially advanced classes, in due course of time.
Honours and titles which used to distinguish one person from the other have altogether been abolished, with a view to giving a sense of equality, to all.
10. Fraternity; Assuring the Dignity of the Individual:
The preamble promises that all individuals in the state shall have dignity. There is no backward or forward individual. There is no high or low or there is no advanced caste and no backward community. All those who are socially downtrodden and had suffered in the past, in the hands of one section of society or the other, are to be brought forward so that they can lead a respectable life.
This promise has been kept up by providing reservation of seats for cultural and linguistic minorities. Special care has been taken to see that there is no reservation of seats for religious minorities, because it was this system which divided the nation and ultimately resulted in the partition of the country.
11. Unity and Integrity of the Nation:
Unity and Integrity of the Nation is another promise of the preamble. Undoubtedly for advancement, development and progress nation must be united. When the very unity of the nation is in danger, rights and privileges of individuals cannot be protected.
Nation first and everything else latter’ is the famous, understandable and rational dictum Constitution makers of India were working and labouring under very peculiar circumstances. Mass migration of population from Pakistan to India and vice-versa, added by shameful cruelties inflicted on the people to glorify religion, had pained them.
There were visible tendencies of extra territorial affiliations by some political parties and doubts persisted about loyalties of few to new born India. It was, therefore, essential to maintain national unity. For this, the constitution makers empowered the executive government with emergency powers by which it could take all powers in its hand in a bid to protect national unity.
Not only this, but the constitution, keeping in view the promise of the preamble, has tried to develop feelings of one united India, in spite of her federal character. India has one judiciary, one citizenship, one constitution, a system of All India Services and also one set of Fundamental Rights.
It is to promote this sense of unity that in India’s federal set up Centre has been made more powerful than the federating units i.e. states all union territories.
12. Integrity of India:
Forty-Second Constitution Amendment also made another change in the preamble of the constitution. It has now been provided that every effort shall be made for maintaining unity and integrity of India. The word ‘integrity’ has specifically been added in the preamble.
In the words of Dr. Dayal, “The insertion of word ‘integrity’ cannot rationally be questioned for it is impossible to argue that unity can be safe without integrity of nation. Integrity is vital to encounter fissiparous tendencies.”
The idea behind the word integrity being that it should be very clear from the very outset that for India integrity of the country is paramount and that the nation will not tolerate any activity by any political party or group of individuals, who directly or indirectly might try to disturb the integrity of nation and thus try to take it on the path of disintegration.
13. Adopt, Enact and give to Ourselves:
The words ‘to give to ourselves’ occupy a very significant place. The preamble, thus, has clearly stressed that it is people’s constitution which has been enacted for and on behalf of the people. The people as a whole and not a particular section of the society is thus source of our inspiration.
They look after the interests of the people of India. It also implies that if at any time any change in the constitution is necessary, the required amendment can be carried out only through the will of the people. It is not a play thing or handmaid of any political party or a particular individual, but a pious document which expresses will, wishes and sentiments of the people.
Essay # 5. Critical Evaluation of Preamble of the Constitution:
Whether preamble is a part of the constitution or not and also whether what has been said in the preamble will be taken cognisance by the courts of law or not is a separate issue. But beyond all doubts it indicates the intentions of the constitution makers. There are many authorities which firmly believe that the preamble helps in solving many ambiguities.
In India several occasions have arisen when preamble has been invoked. In the case of M/s. Barrukar Coal Co. Vs. Union of India, Supreme Court observed that no resort should be made to preamble if the language of the enactment was clear.
If it was not clear then preamble might be looked to explain that In the case of State of Bihar Vs. Kameshwar Singh, Dr. Ambedkar appearing on behalf of the Zamindars in 1952, also referred to the preamble, though the court took a different view.
In Benibari case, the Supreme Court again opined that preamble by itself is not a source of power. Every state has by virtue of its sovereignty the power to cede its territory and this right cannot be regarded to have been taken away by the preamble.
About the preamble of the constitution Justice Bhagnati once said that, “What is, therefore, needed is that judiciary must not interpret any element of the preamble that introduces a line of disconcerting unpredictability which judicial review must constantly and scrupulously avoid.”
In the case of Kerala Education Bill, 1957, the Supreme Court in 1958 held the view that where the enacting part is explicit and unambiguous, the preamble cannot be resorted to, to control, to qualify or to restrict it but where the enacting part is ambiguous, the preamble can be referred to, to explain and to elucidate it.
Similarly Lord Halsbury in Powell Vs. Kempton Park Race Course Co. said that, “Two propositions are quite clear, one that preamble may afford useful light as to what the Statute intends to reach; and another, that if an enactment by itself is clear and unambiguous, no preamble can qualify or cut down the enactment.”
The same holds good in the case of preamble to the constitution of India. In the words of Justice Hidayatullah, “The preamble is more than a declaration. It is the soul of our constitution and lays down pattern of our political society.” The preamble is thus not a superficial appendage to the constitution but a very useful and important key to it, which expresses hopes, wishes, aspirations and dreams of its founding fathers.
Preamble of the Constitution of India has made the country a sovereign democratic republic and as Granville Austin has said that, “With the adoption of the Constitution India becomes the largest democracy in the world. The Preamble of the Constitution does not bind India to any political or economic ideology but it eliminates every vestige of despotism. It reflects the whole constitutional system but is not a system in itself because it is not justiciable part of the Constitution. It cannot adversely affect constitutional structure. It is source of inspiration but not a source of power. Thus, Preamble of the Constitution occupies a very significant place in the structure of the constitution though not an integral part of the structure itself.”