PREAMBLE

Subject : Polity

Context : Invoking the Preamble in times of protest.

Concept :

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution.
The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.
Preamble gives an idea about the following : (1) the source of the constitution, (2) nature of Indian state (3) a statement of its objectives and (4) the date of its adoption.

Components of Preamble

It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.
Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal respect, protection and support from the state.
It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

Amendment of the Preamble

42nd Amendment Act, 1976: After the judgment of the KesavanandBharati case, it was accepted that the preamble is part of the Constitution.
As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.
Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.
The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976.
‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.