Preamble of the Constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST (42nd CAA) SECULAR(42nd CAA) 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 (42nd CAA) of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
- Preamble = Identity card of the constitution - N A Palkhivala
- Objective Resolution (JLN) – Became preamble
Ingredients of constitution
- Source of authority of the constitution – people
- Nature of Indian state – SSSDR
- Objective - JLEF
- Date of adoption – Nov,26,1949
Keywords in Preamble
- Sovereign – Not dependent
- Socialist – 42nd CAA
- democratic socialism not communistic socialism
- mixed economy – blend of Marxism and Gandhism leaning heavily towards Gandhian socialism
- Secular – 42nd CAA
- Non-religious, not irreligious
- protect all religion
- Democratic
- Direct (Switzerland)
- referendum (on a bill)
- initiative (people can propose a bill)
- recall
- plebiscite (vote for territorial dispute)
- Indirect (India)
- representative
- 2 types
- parliamentary
- presidential
- Direct (Switzerland)
- Republic
- Vesting political sovereignty on people
- Absence of privileged class
- Justice
- Russian revolution
- {social, economic} = distributive justice
- equal treatment
- no privileges
- positive discrimination
- political
- equal political rights
- equal access to political office
- equal voice
- Liberty
- French Revolution
- absence of restraints
- of thought, expression, belief, faith & worship
- Equality
- French Revolution
- absence of special privilege – civic(A14-18)
- political
- A325 not based on RRCS for inclusion in electoral roll
- A326 - adult suffrage
- economic (A3 -DPSP -equal wages)
- Fraternity
- French Revolution
- brotherhood
- single citizenship
- FD's – A51A – promote brotherhood
Significance of Preamble
- Basic philosophies
- Fundamental values – political, moral and religious
- Grand and noble vision
- Reflects the dreams and aspiration
- Horoscope of our sovereign democratic republic
- Soul of the constitution
- Jewel of constitution
- Worth of the constitution
- Key-note – Sir Ernest Barker – opening page "Principles of secular and political Theory"
Preamble as part of constitution and amend ability
- Berubari Union case – 1960 – not a part/not amendable
- Kesavananda Bharati case – 1973 – part/amendable
- LIC of Indian case – 1995 – part
- Amended only once in 1976 - 42nd CAA - Socialist, Secular, Integrity
- Neither a source of power
- Non-justiciable