The Preamble (Indian Polity and Governance)

The Preamble's declaration of India as a "Sovereign, Socialist, Secular, Democratic, Republic" encapsulates the fundamental principles that shape the nature and functioning of the Indian state.

Sovereignty: The term "Sovereign" signifies the independent and supreme authority of the Indian state. Internally, it means that the Indian government has the ultimate decision-making power within its territorial boundaries. Externally, it implies that India is not subject to control or interference by any external power.

Socialism: The addition of "Socialist" through the 42nd Amendment in 1976 reflects India's commitment to achieving social and economic equality. The government plays a crucial role in ensuring the equitable distribution of resources and providing basic amenities to all citizens, regardless of their social or economic status. It is reflected in the DPSPs of the Constitution.

Secularism: The declaration of India as a "Secular" state in the Preamble emphasises that the state does not have an official religion. It ensures that all religions are treated with equal respect. Citizens have the freedom of conscience and the right to profess, practice, and propagate their religion without discrimination.

Democracy: The characterisation of India as a "Democratic" republic underscores the principle of government by the people, for the people, and of the people. Regular, free and fair elections allow citizens to actively participate in the political process. Every citizen has an equal right to vote and choose their representatives.

Republic: The term "Republic" signifies that the head of the state (the President) is an elected official, not a hereditary monarch. This form of government ensures that the power and authority of the state are derived from the people's mandate.

Fundamental Rights provide political justice whereas; the Directive Principles of State Policy aim to achieve socio-economic justice.

Liberty: The Preamble guarantees the "liberty of thought, expression, belief, faith and worship" to all citizens. Various provisions of the Fundamental Rights provide liberty to the people.

Equality: The Preamble assures the "equality of status and opportunity" to all citizens. This is reflected in the two broad perspectives of equality in Article 14 of the Fundamental Right (equality and equal opportunity), promoting both negative and positive equality (affirmative action). The positive equality underscores the state's commitment to ensure equal access to political, social, and economic opportunities.

Fraternity: The Preamble's inclusion of the term "fraternity" reflects the aspiration to strengthen a sense of unity and brotherhood among the diverse peoples of India. It aims to promote the dignity of the individual and the integrity of the nation, thereby strengthening the nation's social fabric.

The Supreme Court said in the Keshwanand Bharti case that the Preamble of the Constitution can be used to explain the ambiguous areas of the Constitution. Amendment of the Preamble is possible and by the 42nd Constitutional Amendment, the words socialist, secular and integrity were added to it.

It is non-justiciable, Le its provisions can't be enforced in a court of Law. It cannot override the provisions of the Constitution. Thus, in the above statements, only 1.2 and 4 are correct.

The Supreme Court said in the Keshwanand Bharti case that the Preamble of the Constitution can be used to explain the ambiguous areas of the Constitution. Amendment of the Preamble is possible and by the 42nd Constitutional Amendment, the words socialist, secular and integrity were added to it.

It is non-justiciable, Le its provisions can't be enforced in a court of Law. It cannot override the provisions of the Constitution. Thus, in the above statements, only 1.2 and 4 are correct.

Significance of the Preamble The Preamble to the Indian Constitution holds immense significance as it serves as the moral and philosophical foundation of the document. It outlines the guiding principles and aspirations that shape the Indian state and society.

Guiding principles: The Preamble serves as the moral compass of the Indian Constitution. It provides the guiding principles that help interpret the provisions of the Constitution. For instance, the principle of 'Secularism' in the Preamble guides the interpretation of laws related to religious practices, ensuring that the state maintains neutrality in matters of religion.

Unity in Diversity: The Preamble emphasises the principle of 'Fraternity', promoting unity among India's diverse cultural, linguistic, religious, and social groups. For example, the term 'Fraternity' in the Preamble underscores the need for harmony among various linguistic groups in states like Kerala, Punjab, and Assam, each with its unique language and culture.

Constitutional identity: The Preamble defines the essential identity of the Indian Constitution. It sets the tone for the entire legal framework and the subsequent articles and provisions in the Constitution. For instance, the term 'Sovereign' in the Preamble signifies that India is free from external control, which is reflected in India's foreign policy decisions.

International influence: The Preamble reflects the influence of international ideals and principles. Words like 'Justice', 'Liberty', and 'Equality' highlight India's commitment to global values of human rights, social justice, and equality. For example, the term 'Equality' aligns with Article 14 of the Universal Declaration of Human Rights, which states that everyone is equal before the law.

Reflection of Historical Struggles: The Preamble pays homage to the sacrifices and struggles of the Indian people in their fight for independence and justice. It encapsulates the spirit of the freedom movement and the principles for which the freedom fighters fought.

For instance, the term 'Justice' in the Preamble reflects the long-standing struggle against colonial rule and the aspiration for a just and equitable society.

The term "Unity of the Nation" was changed to "Unity and Integrity of the Nation." The Preamble's declaration of India as a "Sovereign, Socialist, Secular, Democratic, Republic" encapsulates the fundamental principles that shape the nature and functioning of the Indian state.

Sovereignty: The term "Sovereign" signifies the independent and supreme authority of the Indian state. Internally, it means that the Indian government has the ultimate decision-making power within its territorial boundaries. Externally, it implies that India is not subject to control or interference by any external power.

Socialism: The addition of "Socialist" through the 42nd Amendment in 1976 reflects India's commitment to achieving social and economic equality. The government plays a crucial role in ensuring the equitable distribution of resources and providing basic amenities to all citizens, regardless of their social or economic status. It is reflected in the DPSPs of the Constitution.

Secularism: The declaration of India as a "Secular" state in the Preamble emphasises that the state does not have an official religion. It ensures that all religions are treated with equal respect. Citizens have the freedom of conscience and the right to profess, practice, and propagate their religion without discrimination.

Democracy: The characterisation of India as a "Democratic" republic underscores the principle of government by the people, for the people, and of the people. Regular, free and fair elections allow citizens to actively participate in the political process. Every citizen has an equal right to vote and choose their representatives.

Republic: The term "Republic" signifies that the head of the state (the President) is an elected official, not a hereditary monarch. This form of government ensures that the power and authority of the state are derived from the people's mandate.

The term "Unity of the Nation" was changed to "Unity and Integrity of the Nation." The Preamble's declaration of India as a "Sovereign, Socialist, Secular, Democratic, Republic" encapsulates the fundamental principles that shape the nature and functioning of the Indian state.

Sovereignty: The term "Sovereign" signifies the independent and supreme authority of the Indian state. Internally, it means that the Indian government has the ultimate decision-making power within its territorial boundaries. Externally, it implies that India is not subject to control or interference by any external power.

Socialism: The addition of "Socialist" through the 42nd Amendment in 1976 reflects India's commitment to achieving social and economic equality. The government plays a crucial role in ensuring the equitable distribution of resources and providing basic amenities to all citizens, regardless of their social or economic status. It is reflected in the DPSPs of the Constitution.

Secularism: The declaration of India as a "Secular" state in the Preamble emphasises that the state does not have an official religion. It ensures that all religions are treated with equal respect. Citizens have the freedom of conscience and the right to profess, practice, and propagate their religion without discrimination.

Democracy: The characterisation of India as a "Democratic" republic underscores the principle of government by the people, for the people, and of the people. Regular, free and fair elections allow citizens to actively participate in the political process. Every citizen has an equal right to vote and choose their representatives.

Republic: The term "Republic" signifies that the head of the state (the President) is an elected official, not a hereditary monarch. This form of government ensures that the power and authority of the state are derived from the people's mandate.