Preamble: the soul of our constution

Date: December 09, 2014

Preamble;  The soul of constitution                                    

We, the people of India, 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 intergrity of the nation

In our constituent assembly this twenty sixth day of November, 1949, do hereby, adopt, enact and give to ourselves this constitution.

Philosophy of preamble

Preamble is the key to open the minds of the founder of constitution (Berubary Union case) the preamble successfully provides the link to understand and analyze our constitution. It also reflects the objectives of our constitution. Wherever there is confusion among meaning and analysis of any provision of constitution the preamble provide broad guidance for it. So preamble is not only the part of the constitution (Keshwanand Bharti case) but it is also the soul and essence of our constitution.

Broadly preamble provides three facts :-

  1. where lies the political sovereignty?
  2. What is the nature of constitution?
  3. What are the objective of constitution?

Constitution is the supreme law of land in India, and it is also the source of all other laws. We the people of India are the framers of this constitution and the final political supremacy is also vested in the people of India.

Sovereignty:-

 Sovereignty means that India is neither a colony of any nation nor it depends upon any one. It clearly means that India is totally independent in its internal and external matter. Something thinkers have objection regarding India’s membership in common wealth. However this is rejected on the ground that we voluntarily accepted membership of common wealth.

Socialist:-

The 42nd constitunal amendment at inserted the world socialist in the constitution. However our constitution before this amendment was already reflecting sprit of socialism though idea of justice.

 Secular:-

The 42nd amendment at inserted term secular in our preamble. However before such amendment our preamble clearly specifies freedom of expressions believe faith and worship. In India it is believe that any one can follow his own religion without disturbing others.

Democratic:-

Interestingly India have both socialist and democracy. Democracy focuses on centricity of men while socialism focuses on centricity of society and not men. The democratic system represents elected form of government in India. We follow indirect democracy.

Republic:-

In India like democracy republic is also not a new concept both. Budh and Mahaveer’s era was in republican states. Even in Rig ved the term Gana that is republic was used. Republic means the head of states is to be elected by the people directly or indirectly.

Justice:-

   Justice is an objective of our constitution. Justice is provided in all three aspects that is social economy and political. Social justice is more required than economic justice. While economic justice is more required than political justice

Freedom :-

 Our constitution provides freedom of expression thoughts and believes for every individual and all of these are provided equally to all.

Equality:-

 The constitution clearly provides the equality of opportunity and equality of status. It means that every person have same status and opportunity irrespective of his caste religion, race, sex, place of birth etc.

Fraternity:-

  It stands for brotherhood its major objective is that every person should be treated at par with the person himself and he should also maintain the dignity of individual and nation.

The preamble also informs us that adopted by the people of India. Which simply wants to indicate that it is part of the people of India.

 


;