Our constitution was framed over a period of 2 years, 11 months and 18 days, it was adopted on 26th November, 1949 and enforced on January 26, 1950 as Indian national congress demanded poorna swaraj (Lahore session 26th jan 1926) under Pt. J.L.Nehru.
The idea of Preamble was borrowed from the constitution of USA.
The Objective Resolution, was proposed by Pt. Jawaharlal Nehru and passed by the constituent Assembly which ultimately became the Preamble.
Info related to Preamble of Indian Constitution
Ø The preamble-page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur.
Ø Supreme Court of India has, in the Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. (In the 1995 case of Union Government Vs LIC of India also the Supreme Court has once again held that Preamble is the integral part of the Constitution.
Ø As originally enacted the preamble described the state as a “sovereign democratic republic”.
Ø There can be amendments in the preamble.
Note:-In 1976 the Forty-second Amendment(also termed as mini consitution) changed this by adding words socialist and secular to read “sovereign socialist secular democratic republic”.
Preamble
The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. Preamble gives idea about the following :
(1) The source of the constitution
(2) Nature of Indian state
(3) A statement of its objectives
(4) The date of its adoption
Nature of Indian state
Sovereign: India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
Socialist: “Socialism” as an economic philosophy where means of production and distribution are owned by the State. India adopted Mixed Economy, where apart from state, there will be private production too. Socialism as a social philosophy stresses more on the societal equality.
Secular: Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v Union of India, AIR 1994 SC 1918)
Democratic: Indicates that the Constitution has established a form of Government which gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
Republic: As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.
Objectives of Indian State
Justice: Social, Economic and Political.
Equality: of status and opportunity.
Liberty: of thought, expression, belief, faith and worship
Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the nation.
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