Contextual Introduction:

Amid the American elections finally coming to a close, people are talking about American political system and it's structure. At this point, I think it would be appropriate to bring up that area from which we have been heavily inspired from USA. And that is what?

It's the adoption of 'Preamble', a preliminary or a preparatory document with regard to any book. We all have seen prefaces attached before a book starts.

Similarly, for Constitutions that preface is substituted by the 'Preamble', which in layman language, is the summary of the entire document.

The American Constitution was the first to have a written Constitution and a written Preamble for themselves and India while framing it's Constitution, adopted this idea from the United States of America.

Can we consider the Preamble to be a plan of the Constitution?

Not exactly. Because, Preamble is founded on a set of 'Objective Resolutions' adopted by Pandit Nehru on 13th December 1946 in the Constituent Assembly. Objective Resolutions serve as the plan, guidelines and an important caveat to the building blocks of the Constitution.

An eminent jurist, N.A. Palkhivala regards Preamble to be the 'Identity Card' of the Constitution. The Identity which defines India as a whole.

Preamble in the Constitution:

Text of the Preamble:

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.

Mapping the Text of Preamble:

'WE THE PEOPLE OF INDIA' - reflects that the Indian Constitution is totally a product and action of Indian people. It's not given to us by any foreign country. It is there because it has generated its own support from the country's people.

Keywords in the Preamble

SOVEREIGN:

This word implies that India is not dependent on any foreign support nor is a party to the dominion of any other foreign state. It's entirely independent. Both internal and external affairs of India are in its own jurisdiction. India's alliance in any sort of regional or global grouping doesn't dilutes this concept as Alliance only refers to commitment and not bondage and it is voluntarily formed. It's an agreement by free will and can be terminated by free will. The member states are always free to step out from the conglomeration of States.

India may acquire a foreign territory or give away a part of its foreign territory to somebody thus symbolizing the essence of sovereignty in the Indian polity.

SOCIALIST:

An ideal utopian vision of the world where there is equal distribution of resources and there is no private property as imagined by Karl Marx in his vision of Communism. Hence, this brand of communism is known as Marxist or Communistic Socialism which aims at the nationalization of everything.

What India follows is socialist of course but democracy's freedom also showcases the signs of capitalism. Hence, both socialism and capitalism exist together. However, capitalism as hinged by our forefathers to be a cleverer strategy to market policy should be avoided and government should be able to treat every section equally. Hence, there is a tilt towards Gandhian Socialism.

LPG reforms of 1991 have however have given a high tide to capitalism. Hence, democratic socialism has been adopted where not resources but opportunities to earn resources have been divided equally. In India, thus, you might have been born poor but if you die poor, that's your fault. It's an indirect way of welfare where resources are all there but the welfare of man is in his own hands. Amartya Sen in his capability approach also mentions that availability of resources should be coupled with efficient functioning of resources. State Socialism, if would have been the norm, many people would have been boycotted out of Socio-Economic parameters and wouldn't have got adequate resources and education and many would have perpetually remained always in Below Poverty Line. Gandhian Socialism aims at equality of opportunity unlinks the four-fold Varna division of Hindu society as per occupation.

SECULAR:

The dictionary meaning of this word is that state, Governance or politics should entirely divorce away from religion. It's the negative form of Secularism as followed in West. However, India had developed a variant to this. It talks about State shall separate itself from religious matters but can intervene in any religious matter if it is found to disturb public order or create inequality in society. It connotes the positive aspect of Secularism. It talks about the idea that all religions in India no matter what's their strength shall continue to deserve the same amount of equality and respect thereof. Religious minorities are also guaranteed protection of education and scripture with cultural items. Right to Freedom of Religion is also recognized as a Fundamental Right. Our state is neither irreligious or too religious. It's just that celebrates diversity in religious sphere as well. However, instead of glueing people together, Secularism is often misunderstood as an idea. The freedom to practice, profess and propagate any religion is often seen creating divisions and rifts among people.

Democratic:

Democratic means that there is a popular rule that is rule of people. Rousseau's concept of 'Popular Sovereignty' is the main echoing theme. It rules out the possibility of a monarchial arbitrary power. It is the position and not the person who gets respect and authority in the country. Democracy has been guaranteed in all political, social and economic sense. Political democracy means free elections, voting rights and social and economic democracy carrying the citizens towards socio-economic development.

Democracy is of two types - Direct Democracy where decisions are taken directly by country people, feasible where there is a limited population like that in Switzerland. Indirect democracy doesn't directly involves people but chooses representatives who on behalf of the whole population take decisions for the country. Direct democracy can also be possible only when literacy levels in the country are actually high. India follows the Indirect Democracy where representatives are elected to Parliament and govern the country and hence also known as a Parliamentary form of government, unlike the Presidential Government in USA.

REPUBLIC:

The Head of State is elected in a republican model. There is no hereditary kingship method followed. Merit is valued over royal blood. The absence of privileged classes allows everybody to get an opportunity to become privileged with no barriers of discrimination of any kind. Republican States shouldn't be confused with Republicans, that's a political party group in the USA. Everybody is allowed an open access to everything and the sky is your limit. It's an essential feature that there are periodic elections and universal adult suffrage.

Note:

It should be noted here that the terms like, 'SOCIALIST, SECULAR, INTEGRITY' were originally not a part of Constitution. Though, the essence from all of these political concepts was always there but that was implicit. However, it was only with the 42nd Amendment, 1976, these three words were explicitly stated in the Constitution in the Indira Gandhi regime. This amendment is considered to be the 'Mini Amendment' as this amendment itself introduced multifarious changes in the Constitution itself and it's infamous again because of how quickly it was passed. Some take this amendment as a display of growing power of Indira Gandhi and sidelining democracy towards dictatorship.

Aim of Preamble:

Preamble aims to achieve the following: JUSTICE, LIBERTY, EQUALITY, and FRATERNITY.

JUSTICE:

Social, Economic and Political Justice coupled together and guaranteed through Fundamental Rights and Directive Principles of State Policy. Social Justice voices no discrimination based on caste, color, creed, sex, place of birth in social sphere and economic justice voiced equality of opportunity in matters of public employment. Political justice where there are equal rights and similar access to public and political offices and equal say of everybody in the government. The idea of Social, Economic and Political Justice have been adopted from the Russian Revolution of 1917.

LIBERTY:

It comes from the word 'Liber' which means to be free. That is absence of restrictions, no chains tied on your legs. Freedom to do anything. Full opportunity for personality development. However, LIBERTY is not absolute in India, example, you don’t have the freedom to stab somebody, this freedom should be exercised with a sense of duty and responsibility. And whatever rights and freedoms have to be enjoyed should be in the circumference of the Constitution. There is no such concept of absolute liberty in our Constitution.

EQUALITY:

EQUALITY can be brought in a country only when the rich are asked to give up something in favour of the poor thus balancing the social ladder. The rich shouldn't get privileges by birth. No hereditary titles should be allowed. The idea is that rich should not continue becoming richer while the poor becoming poorer. The poor instead should be allowed to become a part of societal race for opportunity. Should be assisted with subsidies and rationing like the Public Distribution System and Buffer Stocks. Furthermore, Right to EQUALITY has also been recognized as a Fundamental Right in the Indian Constitution.

FRATERNITY:

In the simplest terms, is the sense of brotherhood and sisterhood among all the citizens of India. We all Indians are brothers and sisters to each other. We are the sons and daughters of the same soil all together in a spectrum. We are not Punjabis, West Bengalees, Biharis first, we are rather Indians first as also voiced in the Single Citizenship Charter in the Indian Constitution unlike the Dual Citizenship concept in the US Federation. Inserted as a part of Fundamental Duties (Article 51-A), that its the duty of every citizen to promote a sense of brotherhood transcending religious, social and regional diversities. Singing of national anthem and national song helps to invoke this spirit well.

Fraternity also ensures that the dignity of every individual is maintained and integrity both in territorial and psychological dimension is upholded. Article 1 of the Indian Constitution suggests that India is a 'Union of States' and not a 'Federation of States' to suggest that in India, unlike USA, states have no right to secede away from the Indian Union. The Union Government may create or dissolve states and hence, the phrase, that India is a 'indestructible Union of destructible States'.

Ideas of LIBERTY, EQUALITY and FRATERNITY have been adopted from the French Revolution of 1789.

Views of Political Scientists on Indian Preamble:

Sir Ernest Barker, a famous political scientist says that Preamble is a 'keynote' to the Indian Constitution and appreciated the political wisdom of fathers of Indian Constitution.

Former Chief Justice of India have considered it to be effective in defining the pattern of our society and a solemn resolve that all Indians have made.

Members of Constituent Assembly consider it to be the most precious part of the Constitution so much so that it has been considered as a jewel of the Indian Constitution. It's an idea coming true that was well thought or dreamt long.

DATE:

The Preamble of the Indian Constitution was adopted on 26th November, 1949. However, the Constitution came into effect on 26th January, 1950 to commemorate the event of Poorna Swaraj (1930) during the struggle of Independence.

STATUS OF PREAMBLE:

Preamble in the Berubari Union Case was considered that it's true that Preamble is an expression of the mind of the makers of the Constitution. Still, it's only a summary document of the Constitution not the part of the main document of Constitution itself. Owing to its such existence, it is non-justiciable.

This decision was challenged in the historic landmark case 'Kesavananda Bharti Case' of 1973, which stated that Preamble is the integral part of the Constitution. Though underlining at the same time, that it is not any Supreme power, and that Supreme power is located in the Constitution itself. Preamble's role can be well analyzed in interpretation of status and provisions of Indian Constitution and its truly the introductory part of the Constitution. However, still it cannot be challenged in any court of law.

Still, Preamble is the most sought document when we come to analyze the summary and outline of the Indian Constitution as a whole.

Author's Note:

Here, this was an attempt at simplifying the concepts from the Indian Polity. If you liked the initiative, do show your support by considering to give it a like. Show your interest in the Comment Section for this article to let me know your opinions. Thanks to everybody who took out time reading this piece. 

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