Preamble Of The Indian Constitution: Its Importance And Significance

Image Source: livemint.com

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.

The very opening lines of the Bible, Gita, Quran and Guru Granth of the Nation i.e. the Constitution makes any Indian or for that matter anyone from the legal fraternity overwhelmed and nostalgic.

When the drafters of the Constitution framed the Constitution they had high set principles and standards in mind which shall take the growth and development of the nation towards victory and triumph. When the members signed this historic document it was drizzling outside and it was said to be a good omen. The preamble, it is said, is the key to the minds of the Constitution Framers, the members of the drafting Committee. The Preamble sets forth the basic underlying principles and the concepts on which our Constitution is framed.

In the case law of Re Berubari (1960), it was held by the Supreme Court that the preamble cannot be the part of the Indian Constitution but this decision was negated by giving effect to the decision of Kesavanada Bharati vs. State of Kerala (1973) where the Supreme Court gave a comprehensive and lucid verdict stating that preamble is the significant part of the Indian Constitution which can be amended but the basic structure of the Preamble cannot be altered.

Till date there has been only one amendment in the Preamble of the Constitution on December 18, 1976, when an emergency was declared in India during the Indira Gandhi Government. In this amendment the words “socialist” and “secular” were added and words unity and integrity of Nation were inserted in place of unity of nation.

The preamble of the Constitution sets forth the five essential characteristics and four objectives of the Indian Constitution. The concepts of Sovereign, Socialist, Secular, Democratic Republic and the objectives of Justice, Liberty, Equality and Fraternity are very much enshrined in our Constitution. All these characteristics are fundamental to the socio-political context prevailing in India and fulfill the need and demand of the citizens of the nation. The source of Constitution is in the words ‘We the People’.

Comments

comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Important Links to visit:
Home Page, About IILS, Law Courses, Contact IILS