Preamble to the Constitution of India
Encyclopedia
The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document.
The preamble is not an integral part of the Indian constitution
was first decided by the Supreme Court of India in BeruBari case therefore it is not enforceable in a court of law. However, Supreme Court of India
has, in the Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves.
As originally enacted the preamble described the state as a ""sovereign
democratic
republic
". In 1976 the Forty-second Amendment changed this to read "sovereign socialist
secular
democratic republic".
). The wording is close to the preamble to the Constitution of Ireland
, which had been adopted in 1937; it reads "Weourselves this Constitution".
The phrase "we the people" emphasizes upon the concept of popular sovereignty as laid down by J.J.Rousseau.All the power emanates from the people and the political system will be accountable and responsible to the people.
means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected
by the people and makes laws that govern the people.She allies in peace and war. The Popular sovereignty is also one of the basic structure of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives in elections held for parliament, state legislature and local bodies as well.
Social equality in this context means the absence of discrimination on the grounds only of caste
, colour
, creed
, sex
, religion
, or language. Under social equality, everyone has equal status and opportunities.
Economic equality in this context means that the government
will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasized a commitment towards the formation of a welfare state
. India has adopted a socialistic and mixed economy and the government has framed many laws to achieve the aim.
a theory or policy of social organisation which advocates the ownership and control of the means of production,capital,land,property etc.
was also inserted into the preamble by the Forty-second Amendment.(1976) It implies equality of all religion
s and religious tolerance. India, therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose. The government must not favour or discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government-aided schools. Nevertheless, general information about all established world religions is imparted as part of the course in Sociology
, without giving any importance to any one religion or the others. The content presents the basic/fundamental information with regards to the fundamental beliefs, social values and main practices and festivals of each established world religions. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution.
is a democracy
. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult suffrage
; popularly known as "one man one vote". Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste
, creed, colour
, sex
, religion
or education.
, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic
is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India
is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.The leader of the state is elected by the people.
government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh
recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".
The idea for the addition of 'socialist' was prompted by Indira Gandhi
, as an ode to India's growing relationship with the erstwhile USSR.
The preamble is not an integral part of the Indian constitution
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
was first decided by the Supreme Court of India in BeruBari case therefore it is not enforceable in a court of law. However, Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
has, in the Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves.
As originally enacted the preamble described the state as a ""sovereign
Sovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
". In 1976 the Forty-second Amendment changed this to read "sovereign socialist
Socialism
Socialism is an economic system characterized by social ownership of the means of production and cooperative management of the economy; or a political philosophy advocating such a system. "Social ownership" may refer to any one of, or a combination of, the following: cooperative enterprises,...
secular
Secularism
Secularism is the principle of separation between government institutions and the persons mandated to represent the State from religious institutions and religious dignitaries...
democratic republic".
Full text
Enacting formula
The enacting words "We, the people of India ...in our constituent assembly ...do here by adopt, enact and give to ourselves this constitution", signifies the democratic principle that power is ultimately rested in the hands of the people. It also emphasises that the constitution is made by and for the Indian people and not given to them by any outside power (such as the British ParliamentParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
). The wording is close to the preamble to the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
, which had been adopted in 1937; it reads "Weourselves this Constitution".
The phrase "we the people" emphasizes upon the concept of popular sovereignty as laid down by J.J.Rousseau.All the power emanates from the people and the political system will be accountable and responsible to the people.
Sovereign
The word sovereignSovereignty
Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
means supreme or independent. India is internally and externally sovereign - externally free from the control of any foreign power and internally, it has a free government which is directly elected
Elections in India
India has a quasi federal government, with elected officials at the federal , state and local levels. On a national level, the head of government, the Prime Minister, is elected directly by the people, through a general election. All members of the federal legislature, the Parliament, are directly...
by the people and makes laws that govern the people.She allies in peace and war. The Popular sovereignty is also one of the basic structure of constitution of India. Hence, Citizens of India also enjoy sovereign power to elect their representatives in elections held for parliament, state legislature and local bodies as well.
Socialist
The word socialist was added to the Preamble by the Forty-second Amendment. It implies social and economic equality.Social equality in this context means the absence of discrimination on the grounds only of caste
Caste system in India
The Indian caste system is a system of social stratification and social restriction in India in which communities are defined by thousands of endogamous hereditary groups called Jātis....
, colour
Colorism
Colorism is prejudice or discrimination in which human beings are accorded differing social treatment based on skin color. The preference often gets translated into economic status because of opportunities for work. Colorism can be found across the world...
, creed
Creed
A creed is a statement of belief—usually a statement of faith that describes the beliefs shared by a religious community—and is often recited as part of a religious service. When the statement of faith is longer and polemical, as well as didactic, it is not called a creed but a Confession of faith...
, sex
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...
, religion
Religious intolerance
Religious intolerance is intolerance against another's religious beliefs or practices.-Definition:The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs incorrect does not in itself constitute intolerance...
, or language. Under social equality, everyone has equal status and opportunities.
Economic equality in this context means that the government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
will endeavor to make the distribution of wealth more equal and provide a decent standard of living for all. This is in effect emphasized a commitment towards the formation of a welfare state
Welfare state
A welfare state is a "concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those...
. India has adopted a socialistic and mixed economy and the government has framed many laws to achieve the aim.
a theory or policy of social organisation which advocates the ownership and control of the means of production,capital,land,property etc.
Secular
The word secularSecularity
Secularity is the state of being separate from religion.For instance, eating and bathing may be regarded as examples of secular activities, because there may not be anything inherently religious about them...
was also inserted into the preamble by the Forty-second Amendment.(1976) It implies equality of all religion
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
s and religious tolerance. India, therefore does not have an official state religion. Every person has the right to preach, practice and propagate any religion they choose. The government must not favour or discriminate against any religion. It must treat all religions with equal respect. All citizens, irrespective of their religious beliefs are equal in the eyes of law. No religious instruction is imparted in government or government-aided schools. Nevertheless, general information about all established world religions is imparted as part of the course in Sociology
Sociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
, without giving any importance to any one religion or the others. The content presents the basic/fundamental information with regards to the fundamental beliefs, social values and main practices and festivals of each established world religions. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution.
Democratic
The first part of the preamble “We, the people of India” and, its last part “give to ourselves this Constitution” clearly indicate the democratic spirit involved even in the Constitution. IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
is a democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
. The people of India elect their governments at all levels (Union, State and local) by a system of universal adult suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...
; popularly known as "one man one vote". Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to vote. Every citizen enjoys this right without any discrimination on the basis of caste
Caste system in India
The Indian caste system is a system of social stratification and social restriction in India in which communities are defined by thousands of endogamous hereditary groups called Jātis....
, creed, colour
Colorism
Colorism is prejudice or discrimination in which human beings are accorded differing social treatment based on skin color. The preference often gets translated into economic status because of opportunities for work. Colorism can be found across the world...
, sex
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...
, religion
Religious intolerance
Religious intolerance is intolerance against another's religious beliefs or practices.-Definition:The mere statement on the part of a religion that its own beliefs and practices are correct and any contrary beliefs incorrect does not in itself constitute intolerance...
or education.
Republic
As opposed to a monarchyMonarchy
A monarchy is a form of government in which the office of head of state is usually held until death or abdication and is often hereditary and includes a royal house. In some cases, the monarch is elected...
, in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic
Republic
A republic is a form of government in which the people, or some significant portion of them, have supreme control over the government and where offices of state are elected or chosen by elected people. In modern times, a common simplified definition of a republic is a government where the head of...
is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.The leader of the state is elected by the people.
Forty-second Amendment
On 18 December 1976, during the Emergency in India, the Indira GandhiIndira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
government pushed through several changes in the Forty-second Amendment of the constitution. A committee under the chairmanship of Sardar Swaran Singh
Sardar Swaran Singh
Sardar Swaran Singh was an Indian politician. He was India's longest serving union cabinet minister.- Early life :Saradar Swaran Singh was born on 19th August 1907 in Shankar Village in Jallandhar District of Punjab. He was born into an agricultural family....
recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".
The idea for the addition of 'socialist' was prompted by Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
, as an ode to India's growing relationship with the erstwhile USSR.