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Preamble To The Indian Constitution

The Preamble of the Indian constitution is based on the “Objective Resolution” moved by the Jawaharlal Nehru on 13th December, 1946 and adopted by the Constituent Assembly on 26th November, 1949. Preamble is the key of the mind of constitution makers. The preamble reflects the core philosophy of the Constitution.

WE, THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREGIN 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.

In the preamble two aspects are discernable- One is nature of Indian Republic and second is objectives of the Indian Republic.

Nature of Indian Republic

It is evident from the Preamble that the Indian Constitution has been adopted, enacted and given to themselves.

The Constitution establishes a republic which is sovereign, socialist, secular and democratic.

A republic is a nation whose head is elected rather than hereditary as in the case of monarchy or aristocracy.

Indian republic is sovereign republic meaning thereby that decision regarding India will be taken by Indian people or not anybody else. Although Indian is a member of Commonwealth and United Nations, it does not compromise sovereignty of India.

India is a democratic republic. Democratic means India is a representative republic. Every citizen more than 18 years of age has right to vote and elect his representative.

Socialist and Secular word has been added by 42nd amendment to the Constitution. Socialist means that the Indian republic has welfare orientation. Secular Republic means India treats every religion equally.

Objective Of The Constitution

Constitution intends to secure political, social and economic justice. Thus, Constitution does not limit itself to grant political rights but also bring intervention in social and economic justice. Fundamental rights ensures natural and natural rights to citizens on the other hand Directive Principles of State Policy ensures social and economic empowerment of citizens.

Constitution also intends to secure liberty of thought, expression, belief, faith and worship for citizens. Constitution provides every citizen right to speech and expression. Constitution provides every citizen right of practice his religion.

Constitution also intends to secure equality of status and opportunity. Not only everybody is equal before law but everybody has been provided equal opportunity in employment.

Constitution also intends to promote fraternity among citizens. India is place of human beings belonging to different castes, religion and race. It is critical that citizens have feeling of oneness. Constitution also intends to ensure that every citizen is treated with dignity. Constitution also intends to promote unity and integrity of India.

Whether Preamble is part of the Constitution ?

In  Re. Berubari the Supreme Court has held that Preamble is not part of Constitution.

Subsequently, in Keshavanand Bharati and   Union of India vs LIC  it has been held that Preamble is part of the Constitution.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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