preamble notes.docx

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PREAMBLE TO THE CONSTITUTION OF INDIA Introduction: The Preamble to the Constitution of India records the aims and aspirations of the people of India which have been translated into the various provisions of the Constitution. A Preamble means the introduction to the statute. The preamble was adopted by the Constituent Assembly after the Draft Constitution had been approved. The purpose of the preamble is to clarify who has made the constitution, what is its source, what is the ultimate sanction behind it, what is the nature of the polity which is sought to be established by the constitution. Meaning and Concept: The term ‘Preamble’ means the introduction to a statute. It is the introductory part of the constitution. A preamble may also be used to introduce a particular section or group of sections. Constitutions all over the world generally have a preamble. The form, content and length of the preamble differ from constitution to constitution. Irrespective of these differences the preamble generally sets the ideas and goals which the makers of the constitution intend to achieve through that constitution. Objective and scope of preamble: The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the constitution. The preamble to an Act sets out the main objectives which the legislation is intended to achieve. The Preamble serves the following purposes: a) It indicates the source from which the Constitution comes, viz., the people of India.

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PREAMBLE TO THE CONSTITUTION OF INDIAIntroduction:The Preamble to the Constitution of India records the aims and aspirations of the people of India which have been translated into the various provisions of the Constitution. A Preamble means the introduction to the statute. The preamble was adopted by the Constituent Assembly after the Draft Constitution had been approved. The purpose of the preamble is to clarify who has made the constitution, what is its source, what is the ultimate sanction behind it, what is the nature of the polity which is sought to be established by the constitution.Meaning and Concept:The term Preamble means the introduction to a statute. It is the introductory part of the constitution. A preamble may also be used to introduce a particular section or group of sections.Constitutions all over the world generally have a preamble. The form, content and length of the preamble differ from constitution to constitution. Irrespective of these differences the preamble generally sets the ideas and goals which the makers of the constitution intend to achieve through that constitution.Objective and scope of preamble:The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the constitution. The preamble to an Act sets out the main objectives which the legislation is intended to achieve.The Preamble serves the following purposes:a) It indicates the source from which the Constitution comes, viz., the people of India.b) It contains the enacting clause which brings into force, the Constitution which makes it an act of the people, for the people and by the people.c) It declares the rights and freedoms which the people of India intended to provide to all citizens and the basic type of government and polity which was to be established.

Contents of Preamble:

PREAMBLEWE, 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;EQUALITYof status and of opportunity;and to promote among them allFRATERNITYassuring 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.Preamble is part of Indian constitution. The contents of Preamble play an important role in interpretation of our constitution. The Preamble declares:

WE, THE PEOPLE OF INDIAThe preamble begins with the words We the people of India thus clearly indicating the source of all authority of the constitution. The words We, the people of India declares that the Constitution has been adopted, enacted and given to themselves by the people of India. It emphasizes the sovereignty of the people and the fact that all powers of government flow from the people. It is the people of India on whose authority the Constitution rests. The preamble surmises that it is the people of India who are the authors of the constitution.The preamble says that the people of India enacted and adopted the constitution, after having solemnly resolved It explains that the founding fathers had given a serious thought to the provisions of the Constitution.

SOVEREIGNSovereignty denotes supreme and ultimate power. Sovereignty, in short, means the independent authority of a state. It has two aspects- external and internal.External sovereigntyor sovereignty in international law means the independence of a state of the will of other states. Internal sovereigntyrefers to the relationship between the states and the individuals within its territory. SOCIALISTOxford Dictionary defines socialism as a political and economic theory of a social organization which advocates that the means of production, distribution and exchange should be owned or regulated by the community as whole. The term socialist was used simply to indicate that the goal of the state in India was to secure a better life for the people or equality of opportunity. SECULARThe term secular inserted by the Constitution (42ndAmendment) Act, 1976, explains that the state does not recognize any religion as a state religion and that it treats all religions equally, and with equal respect, without, in any manner, interfering with their individual rights of religion, faith or worship. It does not mean that it is an irreligious or atheistic state. It neither promotes nor practices any particular religion, nor does it interfere with any religious practice. The constitution ensures equal freedom to all religions. DEMOCRATICThe term Democracy is derived from Greek words demos which means people and kratos which means authority. It thus means government by the people. Democracy may properly be defined as that form of government in the administration of which the mass of adult population has some direct or indirect share. Democracy is a concept, a political philosophy, an ideal practiced by many nations culturally advanced and politically matures by resorting to governance by representatives of the people elected directly or indirectly. The basic principle of democracy in a society governed by the rule of Law is not only to respect the will of the majority, but also to prevent dictatorship of the majority.

REPUBLICA republic means a state in which the supreme power rests in the people and their elected representatives or officers, as opposed to one governed by the king or a similar ruler. A republic means a form of government in which the head of the state is an elected person and not a heredity monarch like the king or the queen in Great Britain. Under such a system, the political sovereignty is vested in the people and the head of the state is the person elected by the people for a fixed term. In a wider sense, the word republic denotes a government where no one holds the public power as a proprietary right, but all power is exercised for the common good-where inhabitants are the subjects and free citizens at the same time. JUSTICEThe preamble of the constitution of India professes to secure to all its citizens political, economic and social justice. Social justice means the abolition of all sorts of inequities which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like. To achieve this ideal of social justice, the constitution lays down the directives for the state in Part IV of the constitution.The expression economic justice means justice from the stand pint of economic force. In short, it means equal pay for equal work, that every person should get his just dues for his labor irrespective of his caste, sex or social status.Political justice means the absence of any unreasonable or arbitrary distinction among men in political matters. The constitution has adopted the system of universal adult suffrage, to secure political justice. LIBERTYThe preamble of constitution of India professes to secure liberty of belief, thought, expression, faith and worship which are essential to the development of the individuals and the nation. Liberty or freedom signifies absence of external impediments of motion. It implies absence of restraint. Liberty is power of doing what is allowed by law. Liberty in the preamble of constitution of India does not mean mere absence of restraint of domination. Liberty is the most cherished possession of a man. Liberty is the right of doing an act which the law permits. Constitution has recognized the existence of rights in every man. Liberty is confined and controlled by law, whether common law or statute. It is a regulated freedom. It is not an abstract or absolute freedom. EQUALITYThe Preamble declares Equality as the third objective of the Constitution. Equality means two basic things:(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India enjoying equality before law.(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the equality of status and opportunity, the Constitution of India grants and guarantees the fundamental Right to Equality. FRATERNITYFraternity means the spirit of brotherhood, a feeling that all people are children of the same soil, the same motherland. Brotherhood is a particular kind of relationship which links all human beings, irrespective of gender and generation. A democratic system will function in a healthy manner only if there is a spirit of brotherhood, oneness among the people of the land. Fraternity is not possible unless the dignity of each individual is preserved and mutually respected. Among them all promotes, more particularly the word all-not only among under privileged classes but also among the entire people of India. Do hereby adopt, enact etc. has been borrowed from the last line the preamble of the Irish constitution. In the words of the Supreme Court- fraternity means a sense of common brotherhood of all Indians. Dignity of the IndividualDignity of the individuals is to be maintained for the promotion of fraternity. Therefore, the preamble of the constitution of India assures the dignity of each and every individual. This dignity is assured by securing to each individual equal fundamental rights and at the same time, by laying down a number of directives for the state to direct its policies towards, inter alia, securing to all citizens, men and women equally, the right to an adequate means of livelihood, just and humane conditions of work, a decent standard of life. The constitution of India seeks to achieve dignity of individual by guaranteeing equal fundamental rights to each individual, so that he can enforce minimal rights, if invaded by anybody in the court of law. Dignity of individual in a nation is the dignity of the nation itself.

Preamble of Constitution of India: (5 Features)The Constitution of India begins with a Preamble which describes the nature of the Indian State and the objectives it is committed to secure. The features of Indian Preamble are:I. The Source of Authority:Popular Sovereignty:The Preamble categorically accepts the principle of Popular Sovereignty. It begins with the words: We the people of India. These words testify to the fact that the people of India are the ultimate source of all authority. The Government derives its power from them.II.Nature of State:The Preamble describes five cardinal features of the Indian state:(1)India is a Sovereign State:The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of rule over India. It testifies to the fact that India is no longer a dependency or colony or possession of British Crown. As a sovereign independent state, India is free both internally and externally to take her own decisions and implement these for her people and territories.(2)India is a Socialist State:In 1976, the Preamble was amended to include the word Socialism. It is now regarded as a prime feature of the State. It reflects the fact that India is committed to secure social, economic and political justice for its entire people. India stands for ending all forms of exploitation as well as for securing equitable distribution of income, resources and wealth. (3)India is a Secular State:By the 42nd Amendment, the term Secular was incorporated in the Preamble. Its inclusion simply made the secular nature of the Indian Constitution more explicit. As a state India gives special status to no religion. There is no such thing as a state religion of India. India guarantees equal freedom to all religions. All religions enjoy equality of status and respect.(4)India is a Democratic State:The Preamble declares India to be a Democratic State. The Constitution of India provides for a democratic system. The authority of the government rests upon the sovereignty of the people. The people enjoy equal political rights. The people freely participate in the democratic process of self rule.They elect their government. For all its acts, the government is responsible before the people. The people can change their government through elections. The government enjoys limited powers. It always acts under the Constitution which represents the supreme will of the people.(5)India is a Republic:The Preamble declares India to be a Republic. This means that India is not ruled by a monarch or a nominated head of state. Positively, it means that India has an elected head of state who wields power for a fixed term. President of India is the elected sovereign head of the state. He holds tenure of 5 years. III. Four Objectives of the Indian State:The Preamble lists four cardinal objectives which are to be secured by the state for all its citizens.These are:(1) Justice:The preamble of the constitution of India professes to secure to all its citizens political, economic and social justice. Social justice means the abolition of all sorts of inequities which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like. To achieve this ideal of social justice, the constitution lays down the directives for the state in Part IV of the constitution.The expression economic justice means justice from the stand pint of economic force. In short, it means equal pay for equal work, that every person should get his just dues for his labor irrespective of his caste, sex or social status.Political justice means the absence of any unreasonable or arbitrary distinction among men in political matters. The constitution has adopted the system of universal adult suffrage, to secure political justice. (2)Liberty:The Preamble declares liberty to be the second cardinal objective to be secured. It includes liberty of thought, expression, belief, faith and worship. The grant of Fundamental Rights (Part III) including the right to freedom is designed to secure this objective. Liberty of faith and worship is designed to strengthen the spirit of secularism.(3)Equality:The Preamble declares Equality as the third objective of the Constitution. Equality means two basic things:(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India enjoying equality before law.(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the equality of status and opportunity, the Constitution of India grants and guarantees the fundamental Right to Equality.(4) Fraternity:Promotion of Fraternity among the people is the fourth objective is to promote Fraternity among all the people. Fraternity means the inculcation of a strong feeling of spiritual and psychological unity among the people. It is designed to secure dignity of the individual and unity and integrity of the nation.IV. Date of Adoption and Enactment:In its final paragraph, the Preamble specifies the important historical fact that the Constitution was adopted on 26 November, 1949. It was on this day that the Constitution received the signatures of the President of the Constituent Assembly and was declared passed.V. Self-made Constitution:The Constitution of India is an adopted, enacted and self-made constitution. It was adopted and enacted by the Constituent Assembly acting as the elected representative body of the people of India. The Preamble states the philosophical foundations of the Constitution India and enumerates its objectives.It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic Structure of the Constitution. Through, its Preamble, the Constitution a commits itself to Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble states the objectives which the Constitution is committed to secure for all the people of India.